5 U.S.C. § 8716 | Regulations

(a)

The Office of Personnel Management may prescribe regulations necessary to carry out the purposes of this chapter.

(b)

The regulations of the Office may prescribe the time at which and the conditions under which an employee is eligible for coverage under this chapter. The Office, after consulting the head of the agency or other employing authority concerned, may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal, intermittent employment, and employment of like nature. The Office may not exclude—

(1)

an employee or group of employees solely on the basis of the hazardous nature of employment;

(2)

section 1501 of title 31 a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by , District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years; or

(3)

section 3401(2) of this title an employee who is occupying a position on a part-time career employment basis (as defined in ).

(c)

section 8701(a)(8) of this title The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by .

Pub. L. 89–554Sept. 6, 196680 Stat. 599 Pub. L. 95–437, § 4(b)Oct. 10, 197892 Stat. 1058 Pub. L. 95–454, title IX, § 906(a)(2)Oct. 13, 197892 Stat. 1224(, , ; , , ; , (3), (c)(2)(F), (G), , , 1227.)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)	5 U.S.C. 2100 (less applicability to 5 U.S.C. 2099).	Aug. 17, 1954, ch. 752, § 11 (less applicability to § 10), 68 Stat. 742.
(b), (c)	5 U.S.C. 2091(a) (words between 6th and 7th commas of 1st sentence and 2d sentence), (d) (words between 1st and 2d commas of 1st sentence, and 2d sentence).	Aug. 17, 1954, ch. 752, § 2(a) (words between 6th and 7th commas of 1st sentence and 2d sentence), 68 Stat. 736. July 1, 1960, Pub. L. 86–568, § 115(c) “(d) (words between 1st and 2d commas of 1st sentence, and 2d sentence)”, 74 Stat. 302.
		Oct. 6, 1964, Pub. L. 88–631, § 2, 78 Stat. 1007.

In subsection (a), the words “Except as otherwise provided herein” are omitted as unnecessary since the authority to prescribe regulations is carried into this section.

section 1501 of title 31 69 Stat. 521In subsection (b), the words “, District of Columbia Code” are substituted for “section 1 of the District of Columbia Teachers’ Salary Act of 1955 (), as amended (Sec. 31–1501, D.C. Code, 1961 edition)”.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

Pub. L. 95–454, § 906(a)(2)1978—Subsec. (a). , substituted “Office of Personnel Management” for “Civil Service Commission”.

Pub. L. 95–454, § 906(a)(3)Subsec. (b). , substituted “Office” for “Commission” wherever appearing.

Pub. L. 95–437 substituted “intermittent employment” for “intermittent or part-time employment” in provision preceding par. (1), and added par. (3).

Pub. L. 95–454, § 906(c)(2)(F), (G), substituted “3401” for “3391” in par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Pub. L. 95–454Oct. 13, 1978section 907 of Pub. L. 95–454 section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .