[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR315.401]

[Page 152-153]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT--Table of Contents
 
   Subpart D--Career or Career-Conditional Employment by Reinstatement
 
Sec. 315.401  Reinstatement.


    (a) Agency authority. Subject to part 335 of this chapter and 
paragraph (b) of this section, an agency may appoint by reinstatement to 
a competitive service position a person who previously was employed 
under career or career-conditional appointment (or equivalent).
    (b) Time limit. There is no time limit on the reinstatement 
eligibility of a preference eligible or a person who completed the 
service requirement for career tenure. Except as provided in

[[Page 153]]

paragraph (c) of this section, an agency may reinstate a nonpreference 
eligible who has not completed the service requirement for career tenure 
only within 3 years following the date of separation. This time limit 
begins to run from the date of separation from the last position in 
which the person served under a career appointment, career-conditioned 
appointment, indefinite appointment in lieu of reinstatement, or an 
appointment under which he or she acquired competitive status.
    (c) Extension of time limit. Intervening service of the following 
types extends the 3-year limit on reinstatement of eligibility of a 
nonpreference eligible who has not completed the service requirement for 
career tenure:
    (1) Employment in Federal competitive service positions under 
temporary, term, indefinite, or other nonpermanent appointment.
    (2) Employment in Federal excepted, nonappropriated fund, or Senior 
Executive Service positions in the executive branch;
    (3) Employment in the Federal judicial branch or in the executive or 
judicial branches of the insular possessions of the United States;
    (4) Employment in Federal legislative branch;
    (5) Employment in an international governmental organization or a 
territorial, State, county, municipal, or foreign government in a 
position in which the agency determines that the proposed appointee 
acquired valuable training and experience for the position to be filled;
    (6) A substantially full-time training course in any educational 
institution of recognized standing when the agency finds that the 
proposed appointee acquired valuable training or experience for the 
position to be filled;
    (7) Compulsory service on work of national importance under civilian 
direction as required by the Military Selective Service Act;
    (8) Active military duty terminated under honorable conditions;
    (9) Service with the District of Columbia Government prior to 
January 1, 1980. In addition, for an employee on the District Government 
rolls on December 31, 1979, who was converted on January 1, 1980, to the 
District of Columbia merit personnel system, continuous District 
Government service after that date also extends the 3-year period;
    (10) Periods of nonemployement during which a person is eligible for 
injury compensation under the Office of Workers' Compensation Programs;
    (11) Periods of nonemployment during which a person receives 
disability retirement under the Civil Service or Federal Employees 
Retirement System;
    (12) Employment by a nonfederal organization when the person's 
function was transferred to the nonfederal organization on a contract 
basis or by law or executive order;
    (13) Volunteer service and training required prior to actual 
enrollment as a volunteer with Peace Corps, VISTA, and other programs of 
the Corporation for National and Community Service if it begins within 
the period the person is eligible for reinstatement; and
    (14) Periods of overseas residence during which a spouse or 
unmarried child, under 21 years of age, of a member of the Armed Forces 
or of a Federal civilian employee is accompanying that individual on 
official assignment to an overseas post of duty. Overseas posts of duty 
are duty locations outside the 50 States of the United States, the 
District of Columbia, Guam, Puerto Rico, and the Virgin Islands.

[33 FR 12418, Sept. 4, 1968, as amended at 59 FR 68107, Dec. 30, 1994; 
60 FR 53504, Oct. 16, 1995]