42 U.S.C. § 2210c

Elimination of pension offset for certain rehired Federal retirees

(a) In general

The Commission may waive the application of section 8344 or 8468 of title 5 on a case-by-case basis for employment of an annuitant—

(1)

in a position of the Commission for which there is exceptional difficulty in recruiting or retaining a qualified employee; or

(2)

when a temporary emergency hiring need exists.

(b) Procedures

The Commission shall prescribe procedures for the exercise of authority under this section, including—

(1)

criteria for any exercise of authority; and

(2)

procedures for a delegation of authority.

An employee as to whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter II of chapter 83, or chapter 84, of title 5.

( Aug. 1, 1946, ch. 724 , title I, § 170C, as added Pub. L. 109–58, title VI, § 624(a) , Aug. 8, 2005 , 119 Stat. 783 .)