§ 3363. Preference eligibles; promotion; physical qualifications; waiver

321 words·~1 min read·/usc/title-5/section-3363

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In determining qualifications of a preference eligible for promotion to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—

(1)requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and

(2)physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.

This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 427; Pub. L. 94–183, § 2(5), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

The section is restated to conform to section 3312.

The words “in the competitive service, an Executive agency, or the government of the District of Columbia” are added on authority of former sections 851, 858, and 869, which are carried into this title. The last sentence is added on authority of former section 869.

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

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U.S. Code

Office of Personnel Management
§ 1101

10 references not yet in our index

Pub. L. 89–554
80 Stat. 427
Pub. L. 94–183, § 2(5)
89 Stat. 1057
Pub. L. 95–454, title IX, § 906(a)(2)
92 Stat. 1224
Pub. L. 95–454
Pub. L. 94–183
section 3311 of title 39
section 907 of Pub. L. 95–454

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§ 3363

Preference eligibles; promotion; physical qualifications; waiver

U.S.C.§ 1101

Pub. L.Pub. L. 89–554

Stat.80 Stat. 427

Pub. L.Pub. L. 94–183, § 2(5)

Stat.89 Stat. 1057

Pub. L.Pub. L. 95–454, title IX, § 906(a)(2)

Cites 11 · showing 6Cited by 0 across 0 sources