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5 CFR Part 211 — Veteran Preference

Office of the Federal Register (NARA) · Code of Federal Regulations (eCFR, Office of the Federal Register)
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PART 211—VETERAN PREFERENCE Authority: 5 U.S.C. 1302, 2108, 2108a. Source: 81 FR 83109, Nov. 21, 2016, unless otherwise noted. § 211.101 Purpose. The purpose of this part is to define veterans' preference and the administration of preference in Federal employment. (5 U.S.C. 2108, 2108a) § 211.102 Definitions. For the purposes of preference in Federal employment, the following definitions apply: (a) Veteran (1) In a war; (2) In a campaign or expedition for which a campaign badge has been authorized; (3) During the period beginning April 28, 1952, and ending July 1, 1955; (4) For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning February 1, 1955, and ending October 14, 1976; (5) During the period beginning August 2, 1990, and ending January 2, 1992; or (6) For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning September 11, 2001, and ending on August 31, 2010, the last day of Operation Iraqi Freedom. (b) Disabled veteran (c) Sole survivor veteran (d) Preference eligible (1) Preference eligibles other than sole survivor veterans are entitled to have 5 or 10 points added to their earned score on a civil service examination in accordance with 5 U.S.C. 3309. (2) Under numerical ranking and selection procedures for competitive service hiring, preference eligibles are entered on registers in the order prescribed by § 332.401 of this chapter. (3) Under excepted service examining procedures in part 302 of this chapter, preference eligibles are listed ahead of persons with the same ratings who are not preference eligibles, or listed ahead of non-preference eligibles if numerical scores have not been assigned. (4) Under alternative ranking and selection procedures, i.e., (5) Preference eligibles, other than those who have not yet been discharged or released from active duty, are accorded a higher retention standing than non-preference eligibles in the event of a reduction in force in accordance with 5 U.S.C. 3502. (6) Veterans' preference does not apply, however, to inservice placement actions such as promotions. (e) Armed forces (f) Active duty active military duty: (1) For veterans defined in paragraphs (a)(1) through (3) and disabled veterans defined in paragraph (b) of this section, means active duty with military pay and allowances in the armed forces, and includes training, determining physical fitness, and service in the Reserves or National Guard; and (2) For veterans defined in paragraphs (a)(4) through (6) of this section, means full-time duty with military pay and allowances in the armed forces, and does not include training, determining physical fitness, or service in the Reserves or National Guard. (g) Discharged released from active duty (h) Certification [81 FR 83109, Nov. 21, 2016, as amended at 81 FR 94909, Dec. 27, 2016; 83 FR 63042, Dec. 7, 2018] § 211.103 Administration of preference. Agencies are responsible for making all preference determinations except for preference based on a common law marriage. Such a claim must be referred to OPM's General Counsel for decision.

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