I first posted this gouge in the Military Physical Evaluation Board Info FB group, but also wanted to share here.
The question that has been asked by several (including myself) is: do disabled vets follow the same 180 day pause for federal employment that normal retirees do?
The BLUF answer is "no".
Here's why: OPM has a website that defines various aspects of veteran hiring eligibility to federal employment, which can be found at:
https://www.opm.gov/.../vet-guide-for-hr-professionals/
If you look under the "180-Day Restriction" rule on that site, you'll see the relevant statute (5 U.S.C. 3326), which can be read at:
https://www.law.cornell.edu/uscode/text/5/3326
The statute articulates that "A retired member of the armed forces may be appointed...during the period of 180 days..."
This requires us to ask "What's the definition of "retired member of the armed forces". For that, we need to look at the definitions section under 5 U.S.C, specifically (5 U.S.C. 2108)
https://www.law.cornell.edu/uscode/text/5/2108
Under 5 U.S.C. 2108, a "retired member of the armed forces" means a member or former member of the armed forces who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member."
This definition is VERY important, because "disabled veteran" is also defined in this section. "Disabled veteran" is a separate and distinct entity under the code. Congress was not ambiguous in this regard, as both definitions are articulated in plain language.
Using this interpretation, we can correctly interpret that the Congress intended that ONLY RETIRED members of the armed forces, NOT disabled veterans, must be bound by the 180-day waiting period.
In conclusion, disabled veterans are NOT bound to the 180-day waiting period, as Congress chose to encumber only a "retired member of the armed forces" under this restriction.
Hopefully, this helps out other forum members in a similar situation.
The question that has been asked by several (including myself) is: do disabled vets follow the same 180 day pause for federal employment that normal retirees do?
The BLUF answer is "no".
Here's why: OPM has a website that defines various aspects of veteran hiring eligibility to federal employment, which can be found at:
https://www.opm.gov/.../vet-guide-for-hr-professionals/
If you look under the "180-Day Restriction" rule on that site, you'll see the relevant statute (5 U.S.C. 3326), which can be read at:
https://www.law.cornell.edu/uscode/text/5/3326
The statute articulates that "A retired member of the armed forces may be appointed...during the period of 180 days..."
This requires us to ask "What's the definition of "retired member of the armed forces". For that, we need to look at the definitions section under 5 U.S.C, specifically (5 U.S.C. 2108)
https://www.law.cornell.edu/uscode/text/5/2108
Under 5 U.S.C. 2108, a "retired member of the armed forces" means a member or former member of the armed forces who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member."
This definition is VERY important, because "disabled veteran" is also defined in this section. "Disabled veteran" is a separate and distinct entity under the code. Congress was not ambiguous in this regard, as both definitions are articulated in plain language.
Using this interpretation, we can correctly interpret that the Congress intended that ONLY RETIRED members of the armed forces, NOT disabled veterans, must be bound by the 180-day waiting period.
In conclusion, disabled veterans are NOT bound to the 180-day waiting period, as Congress chose to encumber only a "retired member of the armed forces" under this restriction.
Hopefully, this helps out other forum members in a similar situation.
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