(a) Authority to approve transfers. On written request by an international organization for the services of an employee, the agency may authorize the transfer of the employee to the organization for any period not to exceed 3 years. Refusal to authorize the transfer is not reviewable by or appealable to the Commission.

(b) Letter of consent. When the agency consents to the transfer of an employee with the benefits provided in this subpart, the agency shall give its consent to the international organization in writing and shall furnish the employee with a copy of the consent.

(c) Effective date. The agency and the international organization shall establish the effective date of transfer by mutual agreement.

(d) Recording requirement. The agency shall furnish the employee with a statement of his leave account when he is separated for transfer. In addition, the agency shall include on the personnel action form effecting the employee's separation for transfer, (1) identification of the international organization to which he transfers and (2) a clear statement of the period during which he has reemployment rights in the agency under the Act and this subpart and of the legal and regulatory conditions for his reemployment.

§ 352.309 Retirement,

group

benefits, and insurance.

health

(a) Group health benefits. An employee who transfers or has transferred under the Act and this subpart is entitled to enroll or to continue his enrollment in a health benefits plan provided by the Federal Employees Health Benefits Act of 1959 and Part 890 of this chapter. This entitlement continues throughout the period provided by section 4(d) of the Act, including the reemployment period described in that section, and is subject to the provisions of Part 890 of this chapter. For purposes of exercising this entitlement, a transferring employee is considered an employee of the United States. Provisions of the Act that relate to retirement and insurance are also applied to group health benefits so as to

assure a transferring employee of the benefits provided by the Federal Employees Health Benefits Act of 1959.

(b) Agency and employee action. At the time of consent to an employee's transfer, the agency shall notify the employee in writing that he will retain coverage with resulting rights and benefits under the retirement group health benefits, and insurance systems only if (1) employee payments made by him, and (2) agency contributions made by him, by the agency, or by the international organization, are currently deposited in the respective funds. The written notice shall state whether the agency contributions will be paid by the agency. The employee shall acknowledge, in writing, his receipt of the notice and state whether or not he wishes to retain his Federal retirement, group health benefits, and life insurance by continuing all required payments.

(c) Agency responsibility. A transferred employee is deemed to remain an employee of the agency from which transferred for retirement, group health benefits, and insurance purposes, except that it is not mandatory for the agency to continue to use its appropriations to make agency retirement, group health benefits, and insurance contributions for the employee during his absence. Accordingly, the agency is responsible for determining the applicable rate of compensation in accordance with the provisions of section 4 (c) of the Act, for acting as employing officer under Part 890 of this chapter, and for collecting, accounting for, and depositing in the respective funds all retirement, group health benefits, and insurance employee payments and agency contributions required to be made for the purpose of protecting the rights of the employee so transferred. This responsibility includes furnishing the employee, and the international organization when appropriate, with specific information as to how, when, and where the payments and contributions shall be submitted.

currently deposited, subject to a 31-day extension of life insurance and group health benefits coverage as provided in Parts 870 and 890 of this chapter and to the conversion benefits provided in Parts 870 and 890 of this chapter. Coverage so terminated may not attach again before the employee actually enters on duty on his first day in a pay status in an agency. However, terminated Civil Service Retirement Act, Federal Employees Health Benefits Act of 1959, and Life Insurance Act coverage shall be reinstated retroactively when, in the judgment of the Commission, the failure to make the required current deposit was due to circumstances beyond the control of the employee and the required payments and contributions were deposited at the first opportunity; and coverage under any other retirement system shall be reinstated retroactively if the agency which administers the retirement system determines that the failure to make the required current deposit was due to circumstances beyond the control of the employee and the required payments and contributions were deposited at the first opportunity.

§ 352.310 Reemployment.

A transferred employee (except a congressional employee) is entitled to be reemployed in his former position or one of like seniority, status, and pay within 30 days of his application for reemployment if he meets the following conditions:

(a) He is separated, either voluntarily or involuntarily, within his term of employment; and

(b) He applies for reemployment to his former agency or its successor not later than 90 days after his separation. § 352.311 When to apply.

An employee may apply for reemployment either before or after separation by the international organization. If he applies before separation, the 30-day period prescribed in § 352.310 begins either with the date of the application or 30 days before the employee's date of separation, whichever is later.

§ 352.312 Failure to reemploy and right of appeal.

(a) When an agency fails to reemploy an employee within 30 days of his application, it shall notify him in writing of the reasons and of his right to appeal within 15 calendar days to the U.S. Civil Service Commission, Washington,

D.C. 20415. The employee may file his appeal with the Commission not later than 15 calendar days after receipt of notice denying reemployment. The Commission may extend this time limit on a showing by the employee that he was not notified of the applicable time limit, and was not otherwise aware of the limit, or that circumstances beyond his control prevented him from filing an appeal within the prescribed time limit.

(b) If the agency fails to reach and issue a decision to the employee within 30 days from his application for reemployment, the employee is entitled to appeal the agency's failure to the Commission within a reasonable time thereafter.

(c) An appeal alleging that the agency has failed to comply with any of the other provisions of the Act or of this subpart may be submitted to the Commission only within a reasonable time after the alleged violation occurred.

(d) The Commission's decision on appeal is final and the agency shall effect the action finally ordered by the Commission. Decisions favorable to the appellant may be made retroactively effective to the expiration of the agency's 30-day time limit for effecting restoration.

(e) When an appeal under this subpart is filed properly before the death of an appellant, the Commission shall process it to completion and adjudicate it. The Commission, in recommending corrective action in the decision on such an appeal, may provide for amendment of the agency's records to show retroactive restoration and the appellant's continuance on the rolls in an active duty status to the date of death.

[28 F.R. 10065, Sept. 14, 1963, as amended at 32 F.R. 16474, Dec. 1, 1967] Subpart D-Employment of Presi

who leave their positions and within 90 days enter employment with the International Atomic Energy Agency.

§ 352.402 Coverage.

This subpart applies to all officers, as defined in § 352.403(d), of any branch of the Federal Government.

§ 352.403 Definitions.

In this subpart:

(a) "Act" means the International Atomic Energy Agency Participation Act of 1957, as amended;

(b) "Agency" means the International Atomic Energy Agency;

(c) "Life Insurance Act" means the Federal Employees' Group Life Insurance Act of 1954, as amended;

(d) "Officer" means any Presidential appointee or elected officer who leaves his position after August 27, 1957, and within 90 days enters employment with the agency.

(e) "Retirement Act" means the Civil Service Retirement Act, approved July 31, 1956, as amended; and

(f) "Term of employment" means not more than 3 consecutive years of employment beginning with entrance on duty in the agency.

§ 352.404 Retirement and insurance.

(a) Coverage. (1) To obtain retirement benefits for a term of employment with the agency, an officer covered by the Retirement Act, within 90 days after the date he is separated from the agency, shall pay to the Commission all necessary employee deductions and agency contributions for coverage under the Retirement Act for his term of employment with the agency. Interest shall not be charged an officer on any payment of necessary and employee deductions agency contributions. The amount of the employee deductions so paid shall be added to the officer's lump-sum credit in the Civil Service Retirement and Disability Fund.

(2) To retain coverage under the Life Insurance Act during his term of employment with the agency, an officer covered by the Life Insurance Act shall currently pay employee deductions and agency contributions necessary for coverage under the Life Insurance Act for his term of employment with the agency. Collections may be made under procedures which may be determined in accordance with written agreements reached between accounting representatives of the Commission and the agency.

(3) All retirement and insurance benefits and obligations shall be computed in the same manner as if the rate of basic compensation the officer was receiving on the last day he was in his Federal position before employment with the agency had continued without change.

(4) An officer not covered by either the Retirement Act or Life Insurance Act in the Federal position which he last held or from which he separates to enter employment with the agency does not acquire coverage or benefits under these statutes based on employment with the agency.

(b) Death coverage. An officer who dies during his term of employment or within 90 days of his separation therefrom is deemed to have died in the Federal service.

§ 352.405 Resumption of Federal service.

(a) Pay increase. An officer who is reemployed in the Federal position which he left or one of like seniority, status, and pay within 90 days of his separation from the agency following a term of employment is entitled to the rate of basic compensation to which he would have been entitled had he remained in the Federal service.

(b) Sick leave account. An officer shall have any sick leave account which he may have had in his last Federal position reestablished for credit or charge, if he returns to an appropriate leave system within 52 calendar weeks after the date he is separated from his term of employment with the agency.

(c) Service credit for agency employment. An officer who is reemployed in the Federal service within 90 days after completion of his term of employment with the agency is entitled to credit as Federal service for his term of employment with the agency. However, the Commission shall give service credit for Retirement Act purposes only if the officer complies with the requirements of § 352.404 (a) (1).

Subpart E-Reinstatement Rights After Service Under Section 625(b) of the Foreign Assistance Act of 1961

AUTHORITY: The provisions of this Subpart E issued under sec. 625, 75 Stat. 449; 22 U.S.C. Supp. III 2385, E.O. 10973; 3 CFR, 1959-1963 Comp.

§ 352.501 Purpose.

This subpart governs reinstatements authorized by section 625 (b) of the Foreign Assistance Act of 1961, as amended. § 352.502 Coverage.

This subpart applies to any of the following serving in a position in the Federal Government:

(a) A person serving in the competitive service under a career or careerconditional appointment.

(b) A person serving in the excepted service under an appointment without a specific time limitation.

(c) A person appointed or assigned under authority of the Foreign Service Act of 1946, as amended.

(a) "Act" means the Foreign Assistance Act of 1961, as amended; and

(b) "Former position" means the position that an employee was occupying at the time of his appointment to a position under authority of section 625 (b) of the Act.

§ 352.504 Basic entitlement.

Subject to the conditions specified in this subpart, an employee who is appointed to a position under authority of section 625 (b) of the Act is entitled, on termination of that appointment for any reason other than his own misconduct or delinquency, to be reinstated in his former position or in one of like seniority, status, and pay in the same agency. If the functions with which the employee's former position was identified have been transferred to another agency, the employees right to reinstatement is in the gaining agency.

§ 352.505 Proposed termination.

At least 45 days before termination of the appointment of an employee entitled to reinstatement, the agency terminating the employee shall notify the employee and his former agency in writing of the proposed termination. However, notification under this section is not required when:

(a) The termination is at the employee's own request; or

(b) The employee is reinstated without a break in service under an arrangement made between the agencies concerned.

§ 352.506 Application for reinstate

ment.

An employee who desires reinstatement shall apply for reinstatement, in writing, no later than 30 days after his appointment under authority of section 625 (b) of the Act is terminated, unless arrangement has been made for his reinstatement without a break in service under § 352.505(b).

§ 352.507 Reinstatement.

An employee eligible for reinstatement is entitled to be reinstated as soon as possible after his application for reinstatement, filed in accordance with § 352.506, is received. In any event, he is entitled to be reinstated (a) within 30 days after his application for reinstatement is received, or (b) on termination of the appointment made under authority of section 625(b) of the Act, whichever is later.

§ 352.508 Appeals to the Commission.

(a) Right to appeal. (1) If an agency determines that an employee who has applied for reinstatement is not eligible for reinstatement, it shall notify the employee as promptly as possible of its decision, of the basis therefor, and of the employee's appeal rights under this subpart. The employee is entitled to appeal the decision to the Commission within 15 calendar days after he receives notice of the decision.

(2) If an agency fails to reinstate an employee within the time limits specified in section 352.507, the employee is entitled to appeal to the Commission within 15 calendar days after the applicable time limit expires.

(3) If an employee considers that his reinstatement is not in accordance with the act and this subpart, he is entitled to appeal to the Commission within 15 calendar days after his reinstatement becomes effective.

(b) Where initial appeals are filed. Initial appeals under this subpart are to be filed with the Chief, Appeals Examining Office, U.S. Civil Service Commission, Washington, D.C. 20415.

(c) Finality of initial appeal decisions. Unless further appealed under paragraph (d) of this section, an appeal decision by the Chief, Appeals Examining Office, is final.

(d) Right to further appeal. An initial appeal decision by the Chief, Appeals Examining Office, may be further ap

pealed to the Board of Appeals and Review, U.S. Civil Service Commission, Washington, D.C. 20415 within 15 calendar days after receipt of the decision. The further appeal shall be in writing and contain the reasons for disagreement with the initial decision.

(e) Finality of decisions by Board of Appeals and Review. A decision by the Board of Appeals and Review is final. There is further right of appeal.

(f) General provisions governing appeals. (1) Delayed appeals. The Commission may extend the time limits in paragraphs (a) and (d) of this section on a showing by the appellant that he was not notified of the applicable time limit, and was not otherwise aware of the limit, or that circumstances beyond his control prevented him from filing an appeal within the prescribed time limit.

(2) Appeal decisions. The Commission shall submit its decisions on an appeal in writing to each appellant and to each agency concerned. An appeal decision may order that the reinstatement of an appellant be made retroactive to the date on which the applicable time limit specified in § 352.507 expired.

(3) Cancellation of appeals. The Commission shall cancel an appeal, and the appellant and his agency will be so notified, on receipt of the appellant's written request for cancellation or upon failure of the appellant to furnish information requested by the Commission.

(4) Death of appellant. When an appeal under this subpart is filed properly before the death of an appellant, the Commission shall process it to completion and adjudicate it. The Commission, in recommending corrective action in the decision on such an appeal, may provide for amendment of the agency's records to show retroactive restoration and the appellant's continuance on the rolls in an active duty status to the date of death. (g) The Commissioners. The Commissioners may, in their discretion, reopen and reconsider any appeal decision made under this subpart.

[28 F.R. 10065, Sept. 14, 1963, as amended at 32 F.R. 16475, Dec. 1, 1967]

General provisions governing appeals.

353.707

The Commissioners.

Subpart H-Military Duty Performed by
Indefinite Employees

353.801 Rights of indefinite employees performing military duty.

AUTHORITY: The provisions of this Part 353 issued under sec. 9, 62 Stat. 614, as amended; 50 U.S.C. App. 459. 353.801 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 19541958 Comp., p. 218.

SOURCE: The provisions of this Part 353 appear at 28 F.R. 10069, Sept. 14, 1963, unless otherwise noted.

Subpart A-General Provisions § 353.101

Scope.