5 U.S. Code § 2108 - Veteran; disabled veteran; preference eligible | U.S. Code | US Law | LII / Legal Information Institute

5 U.S. Code § 2108 - Veteran; disabled veteran; preference eligible | U.S. Code | US Law | LII / Legal Information Institute
Please help us improve our site!
No thank you
Quick search by citation:
5 U.S. Code § 2108 - Veteran; disabled veteran; preference eligible
U.S. Code
Notes
Authorities (CFR)
prev
next
For the purpose of this title—
(1)
veteran
” means an individual who—
(A)
served on active duty in the
armed forces
during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning
April 28, 1952
, and ending
July 1, 1955
(B)
served on active duty as defined by
section 101(21) of title 38
at any time in the
armed forces
for a period of more than 180 consecutive days any part of which occurred after
January 31, 1955
, and before
October 15, 1976
, not including service under
section 12103(d) of title 10
pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or
Coast Guard
Reserve;
(C)
served on active duty as defined by
section 101(21) of title 38
in the
armed forces
during the period beginning on
August 2, 1990
, and ending on
January 2, 1992
; or
(D)
served on active duty as defined by
section 101(21) of title 38
at any time in the
armed forces
for a period of more than 180 consecutive days any part of which occurred during the period beginning on
September 11, 2001
, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom;
and, except as provided under section 2108a, who has been discharged or released from active duty in the
armed forces
under honorable conditions;
(2)
disabled veteran
” means an individual who has served on active duty in the
armed forces,
(except as provided under
section 2108a
) has been separated therefrom under honorable conditions, and has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the
Department of Veterans Affairs
or a military department;
(3)
preference eligible
” means, except as provided in paragraph (4) of this section or
section 2108a(c)
(A)
veteran
as defined by paragraph (1)(A) of this section;
(B)
veteran
as defined by paragraph (1)(B), (C), or (D) of this section;
(C)
disabled veteran
(D)
the unmarried widow or widower of a
veteran
as defined by paragraph (1)(A) of this section;
(E)
the wife or husband of a service-connected
disabled veteran
if the
veteran
has been unable to qualify for any appointment in the civil service or in the government of the District of Columbia;
(F)
the parent of an individual who lost his or her life under honorable conditions while serving in the
armed forces
during a period named by paragraph (1)(A) of this section, if—
(i)
the spouse of that parent is totally and permanently disabled; or
(ii)
that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse;
(G)
the parent of a service-connected permanently and totally
disabled veteran
, if—
(i)
the spouse of that parent is totally and permanently disabled; or
(ii)
that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; and
(H)
veteran
who was discharged or released from a period of active duty by reason of a sole survivorship discharge (as that term is defined in
section 1174(i) of title 10
);
but does not include applicants for, or members of, the Senior Executive Service, the Defense Intelligence Senior Executive Service, the Senior Cryptologic Executive Service, or the
Federal Bureau of Investigation
and
Drug Enforcement Administration
Senior Executive Service;
(4)
except for the purposes of chapters
43
and
75
of this title,
“preference eligible”
does not include a
retired member of the armed forces
unless—
(A)
the individual is a
disabled veteran
; or
(B)
the individual retired below the rank of major or its equivalent; and
(5)
retired member of the armed forces
” means a member or former member of the
armed forces
who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member.
Pub. L. 89–554
Sept. 6, 1966
80 Stat. 410
Pub. L. 90–83, § 1(6)
Sept. 11, 1967
81 Stat. 196
Pub. L. 90–623, § 1(2)
Oct. 22, 1968
82 Stat. 1312
Pub. L. 92–187, § 1
Dec. 15, 1971
85 Stat. 644
Pub. L. 94–502, title VII, § 702
Oct. 15, 1976
90 Stat. 2405
Pub. L. 95–454, title III, § 307(a)
, title IV, § 401(d),
Oct. 13, 1978
92 Stat. 1147
, 1154;
Pub. L. 96–54, § 2(a)(8)
, (9)(A),
Aug. 14, 1979
93 Stat. 381
Pub. L. 96–191, § 8(a)
Feb. 15, 1980
94 Stat. 33
Pub. L. 97–89, title VIII, § 801
Dec. 4, 1981
95 Stat. 1161
Pub. L. 100–325, § 2(a)
May 30, 1988
102 Stat. 581
Pub. L. 102–54, § 13(b)(1)
June 13, 1991
105 Stat. 274
Pub. L. 105–85, div. A, title XI, § 1102(a)
, (c),
Nov. 18, 1997
111 Stat. 1922
Pub. L. 105–339, § 4(a)
Oct. 31, 1998
112 Stat. 3185
Pub. L. 109–163, div. A, title V, § 515(f)(1)
, title XI, §§ 1111, 1112(a),
Jan. 6, 2006
119 Stat. 3236
, 3451;
Pub. L. 110–317, § 8
Aug. 29, 2008
122 Stat. 3529
Pub. L. 112–56, title II, § 235(a)(2)(A)
Nov. 21, 2011
125 Stat. 723
Pub. L. 114–62, § 2
Oct. 7, 2015
129 Stat. 547
.)
Historical and Revision Notes
1966
Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 851
(less 1st 76 words).
June 27, 1944, ch. 287, § 2
(less 1st 76 words),
58 Stat. 387
Jan. 19, 1948, ch. 1, § 1
62 Stat. 3
July 2, 1948, ch. 816
62 Stat. 1233
Aug. 26, 1949, ch. 513
63 Stat. 666
Dec. 27, 1950, ch. 1151, § 1
64 Stat. 1117
July 14, 1952, ch. 728, § 1
66 Stat. 626
In paragraph (2), the words “a military department” are substituted for “the War Department or Navy Department” (appearing in section 2 of the Act of June 27, 1944) because of the definition of “military department” in section 102. The Department of War was designated the
Department of the Army
by the Act of July 26, 1947, ch. 343, § 205,
61 Stat. 501
. “
Department of the Air Force
” is included on authority of the Act of July 26, 1947, ch. 343, § 207 (a), (f),
61 Stat. 502
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967
Act
Section of title 5
Source (U.S. Code)
Source (Statutes at Large)
2108
5 App.: 851.
Mar. 3, 1966
Pub. L. 89–358, § 11
80 Stat. 28
Editorial Notes
Amendments
2015—Par. (3)(F), (G).
Pub. L. 114–62
added subpars. (F) and (G) and struck out former subpars. (F) and (G) which included in the definition of
“preference eligible”
certain mothers of individuals who lost their lives under honorable conditions in the
armed forces
and certain mothers of service-connected permanently and totally
disabled veterans.
2011—Par. (1).
Pub. L. 112–56, § 235(a)(2)(A)(i)
, in concluding provisions, inserted “, except as provided under section 2108a,” before “who has been”.
Par. (2).
Pub. L. 112–56, § 235(a)(2)(A)(ii)
, inserted “(except as provided under section 2108a)” before “has been separated”.
Par. (3).
Pub. L. 112–56, § 235(a)(2)(A)(iii)
, in introductory provisions, inserted “or section 2108a(c)” after “paragraph (4) of this section”.
2008—Par. (3)(H).
Pub. L. 110–317
added subpar. (H).
2006—Par. (1).
Pub. L. 109–163, § 1112(a)
, in concluding provisions, substituted “discharged or released from active duty in” for “separated from”.
Par. (1)(B).
Pub. L. 109–163, § 515(f)(1)
, substituted “Navy Reserve” for “Naval Reserve”.
Par. (1)(D).
Pub. L. 109–163, § 1111(a)
, added subpar. (D).
Par. (3)(B).
Pub. L. 109–163, § 1111(b)
, substituted “paragraph (1)(B), (C), or (D)” for “paragraph (1)(B) or (C)”.
1998—Par. (3).
Pub. L. 105–339
, in concluding provisions, substituted “or the
Federal Bureau of Investigation
and
Drug Enforcement Administration
Senior Executive Service;” for “the
Federal Bureau of Investigation
and
Drug Enforcement Administration
Senior Executive Service, or the General Accounting Office;”.
1997—Par. (1)(B).
Pub. L. 105–85, § 1102(c)
, substituted “
October 15, 1976
,” for “the date of enactment of the
Veterans’
Education and Employment Assistance Act of 1976,” and “12103(d) of title 10” for “511(d) of title 10”.
Par. (1)(C).
Pub. L. 105–85, § 1102(a)(1)
, added subpar. (C).
Par. (3)(B).
Pub. L. 105–85, § 1102(a)(2)
, inserted “or (C)” after “paragraph (1)(B)”.
1991—Par. (2).
Pub. L. 102–54
substituted “
Department of Veterans Affairs
” for
“Veterans’
Administration”.
1988—Par. (3).
Pub. L. 100–325
inserted reference to
Federal Bureau of Investigation
and
Drug Enforcement Administration
Senior Executive Service in concluding provisions.
1981—Par. (3).
Pub. L. 97–89
inserted reference to Defense Intelligence Senior Executive Service and Senior Cryptologic Executive Service in concluding provisions.
1980—Par. (3).
Pub. L. 96–191
inserted reference to General Accounting Office in concluding provisions.
1979—Par. (3).
Pub. L. 96–54, § 2(a)(8)
, inserted provision excepting applicants for, or members of, Senior Executive Service.
Par. (5).
Pub. L. 96–54, § 2(a)(9)(A)
, struck out provision excepting applicants for, or members of, Senior Executive Service.
1978—Par. (2).
Pub. L. 95–454, § 307(a)(1)
, struck out “and” at end.
Par. (3).
Pub. L. 95–454, § 307(a)(2)
, (3), inserted “, except as provided in paragraph (4) of this section” after “means”, and substituted a semicolon for the period at end.
Pars. (4), (5).
Pub. L. 95–454, § 307(a)(4)
, added pars. (4) and (5) relating to retired members of the
armed forces.
Par. (5).
Pub. L. 95–454, § 401(d)
, inserted “; but does not include applicants for, or members of, the Senior Executive Service” before the period at end.
1976—Par. (1)(B).
Pub. L. 94–502
substituted “any part of which occurred after
January 31, 1955
, and before the date of enactment of the
Veterans’
Education and Employment Assistance Act of 1976,” for “after
January 31, 1955
,”.
1971—Par. (3)(D).
Pub. L. 92–187
inserted “or widower” after “unmarried widow”.
Par. (3)(E).
Pub. L. 92–187
inserted “or husband” after “the wife”.
1968—Par. (3)(D).
Pub. L. 90–623
inserted “as defined by paragraph (1)(A) of this section” after
“veteran”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–62, § 3
Oct. 7, 2015
129 Stat. 548
, provided that:
“The amendment made by this Act [amending this section] shall take effect 90 days after the date of enactment of this Act [
Oct. 7, 2015
].”
Effective Date of 2008 Amendment
Pub. L. 110–317, § 10
Aug. 29, 2008
122 Stat. 3530
, provided that:
“(a)
Retroactive Effective Date.—
Except as provided in subsection (b) and section 9 [amending
section 685 of Title 26
Internal Revenue Code
, and enacting provisions set out as a note under
section 685 of Title 26
], this Act [amending this section,
section 8521 of this title
, sections 1145, 1146, and 1174 of Title 10,
Armed Forces,
section 685 of Title 26
section 303a of Title 37
, Pay and Allowances of the
Uniformed Services,
and sections 3011, 3012, 3702, and 4211 of Title 38,
Veterans’
Benefits, and enacting provisions set out as notes under
section 101 of Title 10
and
section 685 of Title 26
] and the amendments made by this Act shall apply with respect to any sole survivorship discharge granted after
September 11, 2001
“(b)
Date of Enactment Effective Date for Certain Amendments.—
The amendments made by sections 4, 7, and 8 [amending this section and
section 8521 of this title
and
section 1145 of Title 10
] shall apply with respect to any sole survivorship discharge granted after the date of the enactment of this Act [
Aug. 29, 2008
].
“(c)
Sole Survivorship Discharge Defined.—
In this section, the term ‘sole survivorship discharge’ means the separation of a member from the
Armed Forces
, at the request of the member, pursuant to the
Department of Defense
policy permitting the early separation of a member who is the only surviving child in a family in which—
“(1)
the father or mother or one or more siblings—
“(A)
served in the
Armed Forces
; and
“(B)
was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and
“(2)
the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.”
Effective Date of 1981 Amendment
Amendment by
Pub. L. 97–89
effective
Oct. 1, 1981
, see
section 806 of Pub. L. 97–89
, set out as an Effective Date note under
section 1621 of Title 10
Armed Forces.
Effective Date of 1980 Amendment
Amendment by
Pub. L. 96–191
effective
Oct. 1, 1980
, see
section 10(a) of Pub. L. 96–191
Effective Date of 1979 Amendment
Amendment by
section 2(a)(8) of Pub. L. 96–54
effective
July 12, 1979
, see
section 2(b) of Pub. L. 96–54
, set out as a note under
section 305 of this title
Pub. L. 96–54, § 2(a)(9)(B)
Aug. 14, 1979
93 Stat. 381
, provided that:
“The amendment made by subparagraph (A) [amending this section] shall take effect
October 1, 1980
”.
Effective Date of 1978 Amendment
Pub. L. 95–454, title III, § 307(a)
Oct. 13, 1978
92 Stat. 1147
, provided that the amendment made by that section is effective
Oct. 1, 1980
Amendment by
section 401(d) of Pub. L. 95–454
effective 9 months after
Oct. 13, 1978
, and congressional review of provisions of sections 401 through 412 of
Pub. L. 95–454
, see
section 415 of Pub. L. 95–454
, set out as an Effective Date note under
section 3131 of this title
Effective Date of 1968 Amendment
Amendment by
Pub. L. 90–623
effective
Sept. 11, 1967
, for all purposes, see
section 6 of Pub. L. 90–623
, set out as a note under
section 5334 of this title
Savings Provision
Pub. L. 109–163, div. A, title XI, § 1112(b)
Jan. 6, 2006
119 Stat. 3451
, provided that:
“Nothing in the amendment made by subsection (a) [amending this section] may be construed to affect a determination made before the date of enactment of this Act [
Jan. 6, 2006
] that an individual is a
preference eligible
(as defined in
section 2108(3) of title 5
, United States Code).”
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard
, including the authorities and functions of the
Secretary
of Transportation relating thereto, to the
Department of Homeland Security
, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the
Department of Homeland Security
Reorganization Plan of
November 25, 2002
, as modified, set out as a note under
section 542 of Title 6
CFR Title
Parts
211
332
U.S. Code Toolbox
Law about... Articles from Wex
Table of Popular Names
Parallel Table of Authorities
How
current is this?