§3329.¹ Appointments of military reserve technicians to positions in the competitive service

(a) For the purpose of this section, the term "military reserve technician" has the meaning given such term by section 8401(30).

(b) The Secretary of Defense shall take such steps as may be necessary to ensure that, except as provided in subsection (d), any military reserve technician who is involuntarily separated from technician service, after completing at least 15 years of such service and 20 years of service creditable under section 1332 ² of title 10, by reason of ceasing to satisfy the condition described in section 8401(30)(B) shall, if appropriate written application is submitted within 1 year after the date of separation, be offered a position described in subsection (c) not later than 6 months after the date of the application.

(c) The position to be offered shall be a position-

(1) in the competitive service;

(2) within the Department of Defense;

(3) for which the individual is qualified; and

(4) the rate of basic pay for which is not less than the rate last received for technician service before separation.

(d) This section shall not apply in the case of-

(1) an involuntary separation for cause on charges of misconduct or delinquency; or

(2) a technician who, as of the date of application under this section, is eligible for immediate (including for disability) or early retirement under subchapter III of chapter 83 or under chapter 84.

(e) The Secretary of Defense shall, in consultation with the Director of the Office of Personnel Management, prescribe such regulations as may be necessary to carry out this section.

(Added Pub. L. 102–484, div. A, title V, §544(a), Oct. 23, 1992, 106 Stat. 2415 .)

References in Text

Section 1332 of title 10, referred to in subsec. (b), was renumbered section 12732 of Title 10, Armed Forces, by Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 2998 .

¹ Another section 3329 is set out following this section.

² See References in Text note below.