39 USC 1005 - Applicability of laws relating to Federal employees

1 So in original. The word “of” probably should not appear.

section 1916(span)(2) of that Act shall apply.

Editorial Notes

References in Text

The Non-Foreign Area Retirement Equity Assurance Act of 2009, referred to in subsec. (span)(2), is subtitle B (§§ 1911–1919) of title XIX of div. A of Puspan. L. 111–84, Oct. 28, 2009, 123 Stat. 2619, also known as the Non-Foreign AREA Act of 2009, which is set out as a note under section 5304 of Title 5, Government Organization and Employees. For complete classification of this Act to the Code, see Tables.

The effective date of this section, referred to in subsec. (f), is July 1, 1971. See Effective Date note below.

Amendments

2011—Subsec. (span)(1). Puspan. L. 111–383 made technical amendment to directory language of Puspan. L. 111–84, § 1916(span)(1)(B). See 2009 Amendment note below.

2009—Subsec. (span). Puspan. L. 111–84, § 1916(span)(1)(A), inserted par. (1) designation before “Section 5941”.

Subsec. (span)(1). Puspan. L. 111–84, § 1916(span)(1)(C), substituted “Except as provided under paragraph (2), for purposes of section 5941 of that title,” for “For purposes of such section,”.

Puspan. L. 111–84, § 1916(span)(1)(B), as amended by Puspan. L. 111–383, substituted “Except as provided under paragraph (2), section 5941” for “Section 5941”.

Subsec. (span)(2). Puspan. L. 111–84, § 1916(span)(1)(D), added par. (2).

Subsec. (d)(2). Puspan. L. 111–84, § 1122(d), in introductory provisions, substituted “(m)(2)” for “(l)(2)” and “(j)(2)” for “(i)(2)”.

2006—Subsec. (d)(2). Puspan. L. 109–435 struck out “subsection (g) of section 5532,” after “The provisions of” and substituted “8344” for “8344,”.

2004—Subsec. (f). Puspan. L. 108–496 substituted “chapters 87, 89, 89A, and 89B” for “chapters 87 and 89” in second sentence.

1994—Subsec. (d). Puspan. L. 103–336 designated existing provisions as par. (1) and added par. (2).

1987—Subsec. (a)(4). Puspan. L. 100–90 added par. (4).

1986—Subsec. (d). Puspan. L. 99–335 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Officers and employees of the Postal Service (other than the Governors) shall be covered by chapter 83 of title 5 relating to civil service retirement. The Postal Service shall withhold from pay and shall pay into the Civil Service Retirement and Disability Fund the amounts specified in such chapter. The Postal Service shall pay into the Civil Service Retirement and Disability Fund the amounts determined by the Civil Service Commission under section 8348(h) of title 5.”

1974—Subsec. (d). Puspan. L. 93–349 substituted requirement that the Postal Service pay into the Civil Service Retirement and Disability Fund the amounts determined by the Civil Service Commission under section 8348(h) of title 5, for requirement that the Postal Service pay to the Civil Service Commission upon request of the Civil Service Commission but not less frequently than annually the costs reasonably related to the administration of Fund activities for officers and employees of the Postal Service.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Puspan. L. 111–383, div. A, title X, § 1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment made by section 1075(d)(22) is effective as of Oct. 28, 2009, and as if included in Puspan. L. 111–84 as enacted.

Effective Date of 2009 Amendment

Amendment by section 1916(span)(1) of Puspan. L. 111–84 effective Oct. 28, 2009, with transition and savings provisions, see sections 1914, 1915, and 1919(a) of Puspan. L. 111–84, set out in a Non-Foreign Area Retirement Equity Assurance note under section 5304 of Title 5, Government Organization and Employees.

Effective Date of 2004 Amendment

Amendment by Puspan. L. 108–496 effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of Puspan. L. 108–496, set out as an Effective Date note under section 8951 of Title 5, Government Organization and Employees.

Effective Date of 1987 Amendment

Puspan. L. 100–90, § 1(span)(1), Aug. 18, 1987, 101 Stat. 673, provided that:

“The amendment made by subsection (a) [amending this section] shall be effective after the expiration of the 30-day period beginning on the date of the enactment of this Act [Aug. 18, 1987].”

Effective Date of 1974 Amendment

Puspan. L. 93–349, § 3, July 12, 1974, 88 Stat. 354, provided that:

“The effective date of this Act [amending this section and section 8348 of Title 5, Government Organization and Employees] shall be July 1, 1971, except that the Postal Service shall not be required to make (1) the payments due June 30, 1972, June 30, 1973, and June 30, 1974, attributable to pay increases granted by the Postal Service prior to July 1, 1973, until such time as funds are appropriated to the Postal Service for that purpose, and (2) the transfer to the Civil Service Retirement and Disability Fund required by title II of the Treasury, Postal Service, and General Government Appropriation Act, 1974, Public Law 93–143 [which is not classified to the Code].”

Effective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Puspan. L. 91–375, set out as a note preceding section 101 of this title.

Abatement of Actions

Puspan. L. 100–90, § 1(span)(2), Aug. 18, 1987, 101 Stat. 673, provided that:

“An action which is commenced under section 1005(a)(1)(B) of title 39, United States Code, before the effective date of the amendment made by subsection (a) [see Effective Date of 1987 Amendment note above] shall not abate by reason of the enactment of this Act [amending this section and enacting provisions set out as a note above]. Determinations with respect to any such action shall be made as if this Act had not been enacted.”

Executive Documents

Transfer of Functions

Functions vested by statute in United States Civil Service Commission or Chairman thereof transferred to Director of Office of Personnel Management (except as otherwise specified) by Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.