§ 1005. — Applicability of laws relating to Federal employees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC1005]
TITLE 39--POSTAL SERVICE
PART II--PERSONNEL
CHAPTER 10--EMPLOYMENT WITHIN THE POSTAL SERVICE
Sec. 1005. Applicability of laws relating to Federal employees
(a)(1) Except as otherwise provided in this subsection, the
provisions of chapter 75 of title 5 shall apply to officers and
employees of the Postal Service except to the extent of any
inconsistency with--
(A) the provisions of any collective-bargaining agreement
negotiated on behalf of and applicable to them; or
(B) procedures established by the Postal Service and approved by
the Civil Service Commission.
(2) The provisions of title 5 relating to a preference eligible (as
that term is defined under section 2108(3) of such title) shall apply to
an applicant for appointment and any officer or employee of the Postal
Service in the same manner and under the same conditions as if the
applicant, officer, or employee were subject to the competitive service
under such title. The provisions of this paragraph shall not be modified
by any program developed under section 1004 of this title or any
collective-bargaining agreement entered into under chapter 12 of this
title.
(3) The provisions of this subsection shall not apply to those
individuals appointed under sections 202, 204, and 1001(c) of this
title.
(4)(A) Subchapter II of chapter 75 of title 5 shall apply--
(i) to any preference eligible in the Postal Service who is an
employee within the meaning of section 7511(a)(1)(B) of such title;
and
(ii) to any other individual who--
(I) is in the position of a supervisor or a management
employee in the Postal Service, or is an employee of the Postal
Service engaged in personnel work in other than a purely
nonconfidential clerical capacity; and
(II) has completed 1 year of current continuous service in
the same or similar positions.
(B)(i) The second sentence of paragraph (2) of this subsection
applies with respect to the provisions of subparagraph (A) of this
paragraph, to the extent that such provisions relate to preference
eligibles.
(ii) The provisions of subparagraph (A) of this paragraph shall not,
to the extent that such provisions relate to an individual under clause
(ii) of such subparagraph, be modified by any program developed under
section 1004 of this title.
(b) Section 5941 of title 5 shall apply to the Postal Service. For
purposes of such section, the pay of officers and employees of the
Postal Service shall be considered to be fixed by statute, and the basic
pay of an employee shall be the pay (but not any allowance or benefit)
of that officer or employee established in accordance with the
provisions of this title.
(c) Officers and employees of the Postal Service shall be covered by
subchapter I of chapter 81 of title 5, relating to compensation for work
injuries.
(d)(1) Officers and employees of the Postal Service (other than the
Governors) shall be covered by chapters 83 and 84 of title 5. The Postal
Service shall withhold from pay and shall pay into the Civil Service
Retirement and Disability Fund the amounts specified in or determined
under such chapter 83 and subchapter II of such chapter 84,
respectively. The Postal Service shall pay into the Federal Retirement
Thrift Savings Fund the amounts specified in or determined under
subchapters III and VII of such chapter 84.
(2) The provisions of subsection (g) of section 5532,\1\ subsections
(i) and (l)(2) of section 8344, and subsections (f) and (i)(2) of
section 8468 of title 5 shall apply with respect to the Postal Service.
For purposes of so applying such provisions--
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\1\ See References in Text note below.
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(A) any reference in such provisions to the head of an Executive
agency shall be considered a reference to the Postmaster General;
and
(B) any reference in such provisions to an employee shall be
considered a reference to an officer or employee of the Postal
Service.
(e) Sick and annual leave, and compensatory time of officers and
employees of the Postal Service, whether accrued prior to or after
commencement of operations of the Postal Service, shall be obligations
of the Postal Service under the provisions of this chapter.
(f) Compensation, benefits, and other terms and conditions of
employment in effect immediately prior to the effective date of this
section, whether provided by statute or by rules and regulations of the
former Post Office Department or the executive branch of the Government
of the United States, shall continue to apply to officers and employees
of the Postal Service, until changed by the Postal Service in accordance
with this chapter and chapter 12 of this title. Subject to the
provisions of this chapter and chapter 12 of this title, the provisions
of subchapter I of chapter 85 and chapters 87 and 89 of title 5 shall
apply to officers and employees of the Postal Service, unless varied,
added to, or substituted for, under this subsection. No variation,
addition, or substitution with respect to fringe benefits shall result
in a program of fringe benefits which on the whole is less favorable to
the officers and employees than fringe benefits in effect on the
effective date of this section, and as to officers and employees for
whom there is a collective-bargaining representative, no such variation,
addition, or substitution shall be made except by agreement between the
collective-bargaining representative and the Postal Service.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 731; Pub. L. 93-349, Sec. 2,
July 12, 1974, 88 Stat. 354; Pub. L. 99-335, title III, Sec. 306, June
6, 1986, 100 Stat. 607; Pub. L. 100-90, Sec. 1(a), Aug. 18, 1987, 101
Stat. 673; Pub. L. 103-336, Sec. 3, Oct. 3, 1994, 108 Stat. 2661.)
References in Text
Section 5532 of title 5, referred to in subsec. (d)(2), was repealed
by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct. 5, 1999, 113
Stat. 664.
The effective date of this section, referred to in subsec. (f), is
July 1, 1971. See Effective Date note below.
Amendments
1994--Subsec. (d). Pub. L. 103-336 designated existing provisions as
par. (1) and added par. (2).
1987--Subsec. (a)(4). Pub. L. 100-90 added par. (4).
1986--Subsec. (d). Pub. 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). Pub. 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.
Effective Date of 1987 Amendment
Section 1(b)(1) of Pub. L. 100-90 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
Section 3 of Pub. L. 93-349 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 Pub. L. 91-375, set out as
a note preceding section 101 of this title.
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, Sec. 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.
Abatement of Actions
Section 1(b)(2) of Pub. L. 100-90 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.''
Section Referred to in Other Sections
This section is referred to in title 5 sections 2302, 7511.
