§ 2733. Reemployment of annuitants under the Civil Service Retirement System and Federal Employees’ Retirement System

(a) Authority

(1) In general

To facilitate the assignment of persons to Iraq, Pakistan, and Afghanistan or to posts vacated by members of the Service assigned to Iraq, Pakistan, and Afghanistan, the Secretary of State may waive the application of the provisions of section 8344 or 8468 of title 5 on a case-by-case basis for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.

(2) Termination of authority

The authority of the Secretary under paragraph (1) shall terminate on October 1, 2010. An annuitant reemployed pursuant to such authority prior to such termination date may be employed for a period ending not later than one year after such date.

(b) Procedures

The Secretary should prescribe procedures for the exercise of any authority under subsection (a), including criteria for any exercise of authority and procedures for a delegation of authority.

(c) Annuitants not treated as employees for purposes of retirement benefits

An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5.

(Aug. 1, 1956, ch. 841, title I, § 61, as added Pub. L. 109–234, title I, § 1602(b)(1), June 15, 2006, 120 Stat. 441; amended Pub. L. 111–32, title XI, § 1115(c)(2), June 24, 2009, 123 Stat. 1905.)

Codification

Codification

Pub. L. 109–234, title I, § 1602(b)(1), June 15, 2006, 120 Stat. 441, which directed that this section be added at the end of title I of the Department of State Basic Authorities Act of 1956, was executed by adding this section at the end of title I of the State Department Basic Authorities Act of 1956, to reflect the probable intent of Congress.

Amendments

Amendments

2009—Subsec. (a)(1). Pub. L. 111–32 inserted “, Pakistan,” after “Iraq” in two places.

Subsec. (a)(2). Pub. L. 111–32 substituted “2010” for “2008”.

Miscellaneous

Extension of Authority

Pub. L. 113–76, div. K, title VII, § 7034(m)(5), Jan. 17, 2014, 128 Stat. 515, provided that: “Section 61(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting ‘September 30, 2014’ for ‘October 1, 2010’ in paragraph (2).”

Prior extensions were contained in the following prior acts:

Pub. L. 112–74, div. I, title VII, § 7034(m)(5), Dec. 23, 2011, 125 Stat. 1216.