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What
regulations/statutes apply to post retirement employment of Uniformed
members of the Armed Services?
Department of Defense Directive 1402.1,
Section D.2(b), Employment of Retired Members of Uniformed Services
5 U.S.C. § 3326, 180 Day Waiver
DASD (CPP) Memo of 31 Aug 01, Delegation of Authority of 180
day Waiver
(On
August 31, 2000, the Deputy Assistant Secretary of Defense (Civilian
Personnel Policy) approved an Interim Change to the DoD 180-day waiver
policy found in Department of Defense Directive (DODD) 1402.1, Employment of
Retired Members of the Armed Forces. The change allows Component
Secretaries to delegate the authority to waive the 180-day waiting period to
appoint retired military members to certain GS positions at grades GS-8 and
above.)
18 U.S.C. § 208, Acts Affecting a Personal Interest
5 U.S.C. § 5534(a) Dual Employment and Pay during Terminal Leave from
the Uniformed Services
BUPERSINST 12300.1, Employment of Retired Military Personnel of
the Armed Forces
Does
a retired member of the Armed Forces have a right to seek and be considered
for federal civilian employment?
Yes. DoD Directive 1402.1, Section
D.2(b) states: "Retired members of the Armed
Forces have a right to seek and be considered for federal civilian
employment. Such consideration shall be extended equitably and in
compliance with the merit systems principle of open competition to avoid
both the practice and appearance of preferential treatment".
What
activities should a military service member avoid if seeking a position in the Federal
government post-retirement?
Can
an employing agency hold a position open awaiting the retirement of a
service member?
DoD 1402.1 also states: Positions may not be held open pending the
retirement of a member of the Armed Forces in order to provide that person
with a preferential opportunity to apply for or be appoint to the position.
Where
can I find more information about post-government employment?
SOCO Advisory 04-05:
Updated Handouts on
Post-Government Service (recent changes in 18 U.S.C. 207)
under "Publications and Handouts" in the ethics resource library.
SOCO Advisory 04-04:
Guides for 2004 Post Government Service Employment Restrictions for Military
and Civilian Personnel
Who should I contact if I become aware that
a Navy command improperly hired a a retired Navy military member?
Contact the local IG.
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