[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR352.705]

[Page 273-274]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 352_REEMPLOYMENT RIGHTS--Table of Contents
 
  Subpart G_Reemployment Rights of Former Bureau of Indian Affairs and 
  Indian Health Service Employees After Service Under the Indian Self-
                Determination Act in Tribal Organizations
 
Sec. 352.705  Return to Federal employment.

    (a) Conditions. Reemployment rights may be exercised only under the 
following conditions. The individual must apply in writing to the former 
employing agency for reemployment not later than 30 calendar days after:
    (1) Receipt of notice of involuntary separation from tribal 
employment. For this purpose, involuntary separation means any 
separation against the will and without consent of the individual.
    (2) Reversion of the function to Federal operation, whether 
reversion is through tribal or Federal action; or
    (3) Separation with the joint consent of the tribal organization and 
the Federal agency for reasons of personal hardship or other special 
circumstances.
    (b) Termination. A former employee's entitlement to reemployment 
terminates for:

[[Page 274]]

    (1) Failure to apply for reemployment within the time limit stated 
in paragraph (a) of this section;
    (2) Resignation from tribal service without the joint consent, 
described in paragraph (a)(3) of this section, of the tribal 
organization and the Federal employer; or
    (3) Failure to accept, within 10 calendar days of receipt thereof, 
an offer of reemployment made under Sec. 352.706 which is determined by 
the employing agency or by the Merit Systems Protection Board on appeal 
to be a proper offer of reemployment.