Sec. 90004. Election for at-will employment and lower FERS contributions for new Federal civil service hires
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Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: Not later than the last day of the probationary period (if any) for an individual initially appointed to a covered position after the date of the enactment of this section, such individual may make an irrevocable election to be employed on an at-will basis, subject to the requirements of this section. An individual who does not make the election under paragraph
(1)shall be subject to the requirements of section 8422(a)(3)(D). Notwithstanding any other provision of law, including chapters 43 and 75 of this title, any individual who makes an affirmative election under subsection (a)(1) shall— be considered an at-will employee; and may be subject to an adverse action up to and including removal, without notice or right to appeal, by the head of the agency at which the individual is employed for good cause, bad cause, or no cause at all. Notwithstanding any other requirement of this section, this section shall not be construed to reduce, extinguish, or otherwise effect any right or remedy available to any individual who elects to be an at-will employee under subsection (a)(1) under any of the following provisions of law: The protections relating to prohibited personnel practices (as that term is defined in section 2302). The Congressional Accountability Act of 1995, in the case of employees of the legislative branch who are subject to this section. In this section, the term covered position — means— any position in the competitive service; a career appointee position in the Senior Executive Service; a position in the excepted service; and does not include any position— excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or excluded from the coverage of section 2302 (by operation of subsection (a)(2)(B) of such section) or chapter 75. . The table of sections for such subchapter is amended by adding after the item relating to section 3330f the following: 3330g. Election for at-will employment and lower FERS contributions. . Section 8422(a) of title 5, United States Code, is amended by adding at the end the following: The applicable percentage under this paragraph for civilian service by any individual who elects not to be employed on an at-will basis under section 3330g shall be equal to the percentage required under subparagraph (C), increased by 5 percentage points. . This section and the amendments made by this section shall apply to individuals initially appointed to positions in the civil service subject to such section and amendments appointed on or after the date of the enactment of this Act.