§8335. Mandatory separation
(a) An air traffic controller shall be separated from the service on the last day of the month in which he becomes 56 years of age. The Secretary, under such regulations as he may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions of this subsection until that controller becomes 61 years of age. The Secretary shall notify the controller in writing of the date of separation at least 60 days before that date. Action to separate the controller is not effective, without the consent of the controller, until the last day of the month in which the 60-day notice expires.
(b) A firefighter who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which such firefighter becomes 55 years of age or completes 20 years of service if then over that age. A law enforcement officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer becomes 57 years of age or completes 20 years of service if then over that age. The head of the agency, when in his judgment the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
(c) An employee of the Alaska Railroad in Alaska and an employee who is a citizen of the United States employed on the Isthmus of Panama by the Panama Canal Commission, who becomes 62 years of age and completes 15 years of service in Alaska or on the Isthmus of Panama shall be automatically separated from the service. The separation is effective on the last day of the month in which the employee becomes age 62 or completes 15 years of service in Alaska or on the Isthmus of Panama if then over that age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
(d) A member of the Capitol Police who is otherwise eligible for immediate retirement under section 8336(m) shall be separated from the service on the last day of the month in which such member becomes 57 years of age or completes 20 years of service if then over that age. The Capitol Police Board, when in its judgment the public interest so requires, may exempt such a member from automatic separation under this subsection until that member becomes 60 years of age. The Board shall notify the member in writing of the date of separation at least 60 days in advance thereof. Action to separate the member is not effective, without the consent of the member, until the last day of the month in which the 60-day notice expires.
(e) The President, by Executive order, may exempt an employee (other than a member of the Capitol Police) from automatic separation under this section when he determines the public interest so requires.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 2255. | July 31, 1956, ch. 804, §401 "Sec. 5", Feb. 7, 1964,
|
Standard changes are made to conform with the definitions applicable and style of this title as outlined in the preface to the report.
References in Text
For definition of Secretary, referred to in subsec. (a), see section 2109 of this title.
Amendments
1994-Subsec. (d).
1992-Subsec. (b).
1990-Subsec. (b).
Subsec. (d).
Subsec. (e).
1980-Subsec. (a).
1979-Subsec. (c).
1978-Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsecs. (f), (g).
1974-Subsec. (g).
1972-Subsec. (f).
Effective Date of 1992 Amendment
Amendment by section 2(60) of
Effective Date of 1990 Amendments
Section 529 [title IV, §409(c)] of
Section 2(b)(1)(B) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Nonapplicability of Subsection (a) to Air Traffic Controllers Appointed Before January 1, 1987
"(a)
"(b)
"(1) is an air traffic controller within the meaning of section 2109(1) of title 5, United States Code, as in effect on January 1, 1987; but
"(2) is not an air traffic controller within the meaning of section 2109(1) of title 5, United States Code, as in effect on December 31, 1986."
Nonapplicability of Subsection (a) to Department of Defense Air Traffic Controllers Appointed Before September 12, 1980
Section 2 of
Nonapplicability of Subsection (f) to Air Traffic Controllers Appointed Before May 16, 1972
Section 8 of
Cross References
Automatic separations, see section 3323 of this title.
Section Referred to in Other Sections
This section is referred to in section 8339 of this title; title 26 section 7447.