[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR630.212]

[Page 695]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 630--ABSENCE AND LEAVE--Table of Contents
 
 Subpart B--Definitions and General Provisions for Annual and Sick Leave
 
Sec. 630.212  Use of annual leave to establish initial eligibility for retirement or continuation of health benefits.

    (a) An employee may elect to use annual leave and remain on the 
agency's rolls in order to establish initial eligibility for immediate 
retirement under 5 U.S.C. 8336, 8412, or 8414, and/or to establish 
initial eligibility under 5 U.S.C. 8905 to continue health benefits 
coverage into retirement, as provided in:
    (1) Section 351.606(b)(1) for an employee who would otherwise have 
been separated by reduction in force procedures under part 351 of this 
chapter; or
    (2) Section 351.606(b)(2) of this chapter for an employee who would 
otherwise have been separated by adverse action procedures under 
authority of part 752 of this chapter because of the employee's decision 
to decline relocation (including transfer of function).
    (b)(1) Annual leave that may be used for the purposes described in 
paragraph (a) of this section includes all accumulated, accrued, and 
restored annual leave to the employee's credit prior to the effective 
date of the reduction in force or relocation (including transfer of 
function) and annual leave earned by an employee while in a paid leave 
status after the effective date of the reduction in force or relocation 
(including transfer of function).
    (2) Annual leave that is advanced to an employee under 5 U.S.C. 
6302(d), including any advance annual leave that may be credited to an 
employee's leave account after the effective date of the reduction in 
force or relocation (including transfer of function), may not be used 
for purpose of this section.
    (3) For purposes of this section, the employing agency may approve 
the use of any or all annual leave donated to an employee under part 
630, subpart I, of this chapter (Voluntary Leave Transfer Program), or 
made available to the employee under part 630, subpart J, of this 
chapter (Voluntary Leave Bank Program), as of the effective date of the 
reduction in force or relocation.

[62 FR 10683, Mar. 10, 1997]