Monday, January 26, 2015

How to handle a proposed pass over of a CPS eligible

Medically disqualify or pass over a preference eligible

Basic rule in passing over a preference eligible

Doulas, Who Usher in New Life, Find Mission in Support for the Dying, death

Sunday, January 25, 2015

Pass Over of a Preference Eligible

5 CFR Part 339 Medical Qualification Determinations

§ 339.306Processing medical eligibility determinations on certificates of eligibles.(a) In accordance with the provisions of this part, agencies are authorized to medically disqualify a nonpreference eligible. A nonpreference eligible so disqualified has a right to a higher level review of the determination within the agency.(b) OPM must approve the sufficiency of the agency's reasons to:(1) Medically disqualify or pass over a preference eligible on a certificate in place of a nonpreference eligible,(2) Medically disqualify or pass over a 30 percent or more compensably disabled veteran for a position in the U.S. Postal Service in favor of a nonpreference eligible,(3) Medically disqualify a 30 percent or more compensably disabled veteran for assignment to another position in a reduction in force, or(4) Medically disqualify a 30 percent or more disabled veteran for noncompetitive appointment.
an agencyhas discretion to cancel a vacancy announcement.See Scharein v. Dep't of Army, 91 M.S.P.R. 329 (2002).

OPM denied the Army's request to pass over Arthur A. Scharein, a preference eligible who was ranked first on the certificate of eligibles, in favor of a non-preference eligible, who was ranked second on the certificate of eligibles. Rather than select Mr. Scharein, the Army cancelled the vacancy announcement. Mr. Scharein argued that the Army violated his rights under the VEOA when it cancelled the announcement instead of selecting him. The Board held that:

nothing in the statute nor OPM's regulations requires the agency to make a selection from the certificate and fill the vacancy. The agency could and did cancel the vacancy announcement. The agency's actions in this regard do not violate the appellant's rights under veterans' preference laws. The VEOA does not guarantee a preference eligible a position but only an opportunity to compete with the other candidates on the certificate of eligibles

The Navy is not required to hire a preference eligible veteran, if, as was the case here, it does not believe that the candidate is qualified or possesses the necessary experience. The Navy's decision not to hire Mr. Abell and to cancel the vacancy announcement was based on a good faith reason.  


343 F.3d 1378 (Fed. Cir. 2003)

Veterans' Preference Act of 1944

Veterans' Preference Act of 1944, 58 Stat. 387 (codified in scattered sections of Title 5, United States Code)
the vacant positions were the types of positions that are subject to VEOA requirements because the Navy accepted applications from individuals outside its own workforce under merit promotion procedures. The VEOA ensures that a preference eligible veteran, such as Mr. Abell, has the opportunity to apply for such vacancies. 5 U.S.C. § 3304(f)(1). See Brown v. Dep't of Veterans Affairs, 247 F.3d 1222, 1224 (Fed. Cir. 2001) (citingCrowley v. United States, 208 Ct.Cl. 415527 F.2d 1176, 1182(Ct.Cl. 1975)


The VEOA affords a veteran, who alleges that an agency has violated his or her rights under any statute or regulation relating to veterans' preference, a right to file a complaint with the Secretary of Labor.5 U.S.C. § 3330a(a)(1). If the Secretary is unable to resolve the complaint within 60 days, the veteran may file an appeal of the alleged violation with the MSPB. Id. § 3330a(d)(1). 

Under the VEOA, the Board has jurisdiction over appeals alleging a violation of any right under a statute or regulation relating to veterans' preference.

MSPB had jurisdiction under the VEOA because Mr. Abell was a preference eligible, he claimed that his VEOA rights were violated, and he had exhausted his administrative remedy with DOL. 

Civil Service Rule 7.1 gave the agency the discretion to fill the Civilian Pay Technician position by any authorized method, such as the reinstatement method authorized by Civil Service Rule 1.3(c) and 5 C.F.R. § 315.401. See also 5 C.F.R. § 330.101 (OPM rule giving agencies the discretion to fill positions by any properly-authorized method).

If the agency instead relied on 5 U.S.C. § 3316 to reinstate the successful candidate, that provision as well plainly makes the agency’s decision to invoke the reinstatement authority discretionary. Likewise, although the agency could have used the competitive examining process described in ¶ 7 above, it was not required to use that method. Again, Civil Service Rule 7.1 and 5 C.F.R. § 330.101, as well as 5 U.S.C. § 3316, gave the agency the discretion to fill the Civilian Pay Technician position by reinstatement instead of by competitive examining.

Sherwood v. Department of Veterans Affairs, 88 M.S.P.R. 208, ¶ 10 (2001)

cancel vacancy, not to fill the positiion

Abell challenged the Navy's cancellation of the third vacancy as violating his veterans' preference rights because such action denied him the opportunity to compete for that position. 

The VEOA required that the Navy give Mr. Abell the opportunity to compete for the three vacant positions; the VEOA did not require that the Navy give Mr. Abell a position if he scored the most points. The Navy reasonably relied on its interview process to determine that Mr. Abell did not meet the qualifications required for the position. In short, Mr. Abell had the opportunity to compete and did compete; the Navy's decision not to fill the position did not violate Mr. Abell's rights under the VEOA.

 the Navy's right to cancel the third vacancy after filling the other two,

discretion to fill a vacant position by any authorized method.

MSPB pointed out in this case, "[a]n agency has the discretion to fill a vacant position by any authorized method. 5 C.F.R. § 330.101; Sherwood v. Department of Veterans Affairs, 88 M.S.P.R. 208, ¶ 10 (2001)." Joseph, 103 M.S.P.R. at 689.

merit promotion process, do not apply veteran preference

The merit promotion process is used when the position is to be filled by an employee of the agency or by an applicant from outside the agency who has "status" in the competitive serviceSee 5 C.F.R. § 335.103(b)(1); see also Perkins v. United States Postal Serv., 100 M.S.P.R. 48, 51 (2005).

status candidates, which means "current competitive service employees."

Veterans' point preferences under the competitive appointment process do not apply in the merit promotion processPerkins, 100 M.S.P.R. at 51. Congress has provided, however, that "for all merit promotion announcements . . . veterans . . . are eligible to apply."5 U.S.C. §§ 3304(f)(3)-(4). Veterans "may not be denied the opportunity to compete for vacant positions for which the agency making the announcement will accept applications from individuals outside its own workforce under merit promotion procedures."5 U.S.C. § 3304(f)(1). Congress further provided, however, that the latter provision does not "confer an entitlement to veterans' preference that is not otherwise required by law."5 U.S.C. § 3304(f)(3).

under the merit promotion process, the requirement to appoint a veteran who is at the top of the list did not apply

Congress adopted a different approach in dealing with veterans and merit promotion. It guaranteed veterans only a right to apply and an opportunity to compete for such positions. It said nothing about the basis upon which the agency could make its selection.

The critical statutory provision is 5 U.S.C. § 3304(f)(1), which was added to the veterans statutes by the Veterans Employment Opportunity Act of 1998 ("VEOA"). It provides that "all merit promotion announcements . . . shall indicate that . . . veterans . . . are eligible to apply . . ." and that specified categories of veterans
may not be denied the opportunity to compete for vacant positions for which the agency . . . will accept applications from individuals outside its own work-force under merit promotion procedures.
provision entitles veterans to is "the opportunity to compete for vacant positions" to be filled "under merit promotion procedures."

an employee is not entitled to veterans' preference in the merit promotion process." Perkins, 100 M.S.P.R. at 51.

The [Commission] gave Mr. [Joseph] the opportunity to compete for the . . . vacant position[;] the VEOA did not require that the [Commission] give Mr. [Joseph] a position if he scored the most points. . . . In short, Mr. [Joseph] had the opportunity to compete and did compete; the [Commission's] decision . . . to fill the position [through the merit system rather than through the competitive process] did not violate Mr. [Joseph's] rights under the VEOA.

 5 C.F.R. § 211.102(c), veterans' preference does not apply to merit promotion actions

three time consideration

When an appointing authority, for reasons considered sufficient by the Office, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification.

5 U.S. Code § 3317

Excepted Service Procedures for Pass Over of 30 Percent or More Disabled Veterans
    In light of the decision of the United States Court of Appeals for the Federal Circuit in Gingery v. Department of Defense, an agency that wishes to pass over any preference eligible with a compensable, service-connected disability of 30 percent or more who has applied for a position in the excepted service subject to the appointment procedures in 5 CFR Part 302 must send its request to OPM for adjudication. (Part 302 procedures apply only to excepted service positions covered under title 5, United States Code, which have been excepted from the competitive service by the President or by OPM.)
    This does not apply to hiring for positions (e.g., attorneys) exempt from part 302 procedures pursuant to 5 CFR 302.101(c). The Gingery panel did not overrule Patterson v. Department of Interior, which sustained section 302.101(c), and OPM's adoption of the standard that agencies filling positions that are exempt from Part 302 requirements need only follow the principle of veterans' preference as far a administratively feasible, i.e., consider veteran status as a positive factor when reviewing applications.
    Office of Personnel Management regulations governing the application of Veterans' preference in excepted appointments are in 5 CFR Part 302.
    5 U.S.C. 3320 and 5 CFR Part 302

Thursday, January 22, 2015

preference categories and points are based on 5 U.S.C. 2108 and 3309 as modified by a length of service requirement in 38 U.S.C. 5303A(d)

(The letters following each category, e.g., "TP," are a shorthand reference used by OPM in competitive examinations.)

24 month service requirement

38 U.S. Code § 5303A - Minimum active-duty service requirement

The 24 month service requirement provision is found in Section 5303A of title 38, United States Code which defines the minimum active-duty service requirement for those who initially enter active duty after September 7, 1980.

5 U.S.C. 3312

(a) In determining qualifications of a preference eligible for examination for, appointment in, or reinstatement in the competitive service, the Office of Personnel Management or other examining agency shall waive—
(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and
(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.
(b) If an examining agency determines that, on the basis of evidence before it, a preference eligible under section 2108 (3)(C) of this title who has a compensable service-connected disability of 30 percent or more is not able to fulfill the physical requirements of the position, the examining agency shall notify the Office of the determination and, at the same time, the examining agency shall notify the preference eligible of the reasons for the determination and of the right to respond, within 15 days of the date of the notification, to the Office. The Office shall require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address and shall, before the selection of any other person for the position, make a final determination on the physical ability of the preference eligible to perform the duties of the position, taking into account any additional information provided in any such response. When the Office has completed its review of the proposed disqualification on the basis of physical disability, it shall send its findings to the appointing authority and the preference eligible. The appointing authority shall comply with the findings of the Office. The functions of the Office under this subsection may not be delegated.

5 U.S. Code § 3327 - Civil service employment information

(a) The Office of Personnel Management shall provide that information concerning opportunities to participate in competitive examinations conducted by, or under authority delegated by, the Office of Personnel Management shall be made available to the employment offices of the United States Employment Service.
(b) Subject to such regulations as the Office may issue, each agency shall promptly notify the Office(OPM) and the employment offices of the United States Employment Service of—
(1) each vacant position in the agency which is in the competitive service or the Senior Executive Service and for which the agency seeks applications from persons outside the Federal service, and
(2) the period during which applications will be accepted.
As used in this subsection, “agency” means an agency as defined in section 5102 (a)(1) of this title other than an agency all the positions in which are excepted by statute from the competitive service.

Beatrez vs. MSPB, No. 10-3145 (Fed. Cir. 2011)

Why some wedding businesses say ‘I don’t’ to gay couples

Civil service examination: 
5 U.S.C. 3304-3330, 5 CFR Part 332, OPM Delegation Agreements with individual agencies, OPM Examining Handbook, OPM Delegated Examining Operations Handbook

Excepted service appointments, including VRA's:
5 U.S.C. 3320; 5 CFR Part 302

Temporary and term employment: 5 CFR Parts 316 and 333

Overseas limited employment: 5 CFR Part 301

Career Transition Program: 5 CFR Part 330, Subparts F and G

5 U.S. Code § 3307 - Competitive service; maximum-age entrance requirements; exceptions

merit promotion

5 CFR 335.103 - Agency promotion programs.

What is Merit Promotion?
The system under which agencies consider an employee for vacant positions on the basis of personal merit. Vacant positions are usually filled through competition with applicants (current competitive service employees) being evaluated and ranked for the position on the basis of their experience, education, competencies and performance.

Wednesday, January 21, 2015


your soul's plan

5 CFR 337.101 - Rating applicants.

5 U.S. Code § 3309 - Preference eligibles; examinations; additional points for

5 U.S. Code § 1302 - Regulations, OPM

5 U.S. Code § 3313 - Competitive service; registers of eligibles

5 CFR 332.401 - Order on registers.

Tuesday, January 20, 2015

5 U.S. Code § 2101 - Civil service; armed forces; uniformed services

(1) the “civil service” consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services;
(2) “armed forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard; and
(3) “uniformed services” means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.

government attorney, excepted service

5 CFR § 302.102,

attorney is Excepted service,  cannot be filled by Competitive appointment;

  1. Attorney positions are filled under the Schedule A authority (5 CFR 213.3102(d)) and can only be filled by "Excepted Appointment."
  2. OPM does not publish qualification standards for attorney positions; agencies are allowed to set their own qualification requirements. For attorney qualifications, see IRM 6.338.1, Qualification Requirements.
  3. Attorneys are required to sign the Notification and Acknowledgement Statements confirming that they are employed under excepted service and that by accepting the excepted appointment they are leaving the competitive service. (Exhibit 6.213.1-1).

5 CFR 213.3102 - Entire executive civil service

Competitive service; examinations; educational requirements prohibited; exceptions

5 U.S. Code § 3308

The Office of Personnel Management or other examining agency may not prescribe a minimum educational requirement for an examination for the competitive service except when the Office decides that the duties of a scientific, technical, or professional position cannot be performed by an individual who does not have a prescribed minimum education. The Office shall make the reasons for its decision under this section a part of its public records.

Tweaking tax code to put more money in middle class pockets

Project aims to count Africa's shrinking elephant population

Monday, January 19, 2015

separate note, veteran

Once you separate from active service, you transform from “service member” to “veteran” status.

1.involuntary: e.g., honorable or general discharge (under honorable condition)
2.voluntary: e.g., before fulfilling contracted term of service (because not fulfilling obligation, thus has to join reserve)

Military Separations
1.retire (退役): has reserve obligation
2.discharge (除役): no reserve obligation: max age limit, expiration of term of service, no hope to promote, disability, misconduct, unsuitability  (handbook with 233 pages)

Expiration of Term of Service (ETS)

In the United States military, ETS generally stands for "expiration - term of service" and is contained in each service member's contract. On the ETS date, a service member's current contract has expired and the service member is free to leave the military or sign a re-enlistment contract.


Officer Personnel by Pay Grades and Titles (Ranks)

disabled veteran, EEOC

disabled veteran who believes he or she has been discriminated against in employment because of his or her disability may file a handicapped discrimination complaint with the offending agency under regulations administered by the Equal Employment Opportunity Commission.
Since a willful violation of a provision of law or regulation pertaining to Veterans' preference is a Prohibited Personnel Practice, a preference eligible who believes his or her Veterans' preference rights have been violated may file a complaint with the local Department of Labor VETS representative.

local Department of Labor VETS representative (located at State employment service offices).
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) prohibits discrimination in employment, retention, promotion, or any benefit of employment in the basis of a person's service in the uniformed services. Complaints under this law should also be filed with the local Department of Labor VETS representative (located at State employment service offices).

veteran, preference eligible,adverse action, appeal right

Adverse Actions

Preference eligibles have protections against adverse actions, including demotion, suspension for more than 14 days, furlough for 30 days or less, and removal. These protections include advance notice, a reasonable time to respond, representation by an attorney or other person, a final written decision, and an appeal right to the Merit Systems Protection Board.
The law provides adverse action rights to preference eligibles of any rank who are:
  • under career or career-conditional appointment and not serving probation.
  • under competitive service appointments other than a temporary appointment not to exceed 1 year or less and who have completed 1 year of continuous service.
  • under excepted appointment in an executive agency, the U.S. Postal Service or the Postal Rate Commission and who have completed 1 year of current continuous service in the same or similar positions. Because the law also exempts certain categories of excepted employees, it is always necessary to check the law in specific cases.
5 U.S.C. 2108 (4) chapters 43 and 75; 5 CFR Parts 432 and 752

Sunday, January 18, 2015

Restoration after Uniformed Service, veteran

Any Federal employee, permanent or temporary, in an executive agency other than an intelligence agency, but including the U.S. Postal Service, Postal Rate Commission, and nonappropriated fund activity, who performs duty with a uniformed service (including active duty, active duty for training, or inactive duty training), whether voluntary or involuntary, is entitled to be restored to the position he or she would have attained had the employee not entered the uniformed service, provided the employee:
  • gave the agency advance notice of departure except where prevented by military circumstances; and
  • was released from uniformed service under honorable conditions; and
  • served no more than a cumulative total of 5 years (exceptions are allowed for training and involuntary active duty extensions, and to complete an initial service obligation of more than 5 years); and
  • applies for restoration within the appropriate time limits.
Employees in the intelligence agencies have substantially the same rights, but are covered under agency regulations rather than the Office of Personnel Management's (OPM) and have different appeal rights.
While on duty with the uniformed services, the agency carries the employee on leave without pay unless the employee requests separation. A separation under these circumstances does not affect restoration rights.
Uniformed service as defined in 38 United States Code (U.S.C.) 4303(16) means the Armed Forces; the Army and Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty; the commissioned corps of the Public Health Service; and any other category of persons designated by the President in time of war or emergency.
Title 38 U.S.C. chapter 43; 5 CFR Part 353

Advising Employees / Resolving Employment Conflicts

Agencies must tell employees who enter the service about their entitlements, obligations, benefits, and appeal rights.
Employees in a Reserve component have an obligation both to the military and to their civilian employers. Because of military downsizing, the Reserves are being used increasingly to complement the active duty component on operational missions that go beyond week-end drills and summer training. As a result, some conflict may be unavoidable and good-faith efforts by the employee and the agency are needed to resolve any differences.
Agencies may not question the timing, frequency, duration, and nature of the uniformed service, but employees are obligated to try to minimize the agency's burden. For example, Department of Defense (DOD) directives provide that it is DOD policy for Reserve component members to give their employer as much advance written notice as practicable of any pending military duty.
When there is a conflict between the Reserve duty and the legitimate needs of the agency, the agency may contact appropriate military authorities (typically, the unit commander) to express concern or to determine if the military service could be rescheduled or performed by another member. If military authorities determine that the service is necessary, the agency is required to permit the employee to go.

Time Limits

Employees who served in the uniformed services:
  • Less than 31 days (or who leave to take a fitness exam for service) must report back to work at the beginning of the next regularly scheduled work day following their completion of service and the expiration of 8 hours after a time for safe transportation back to the employee's residence.
  • More than 30 but less than 181 days must apply for reemployment no later than 14 days after completion of service.
  • More than 180 days have 90 days after completion of service to apply for restoration.
Employees who fail to meet these time limits are subject to disciplinary action.
Agencies must reemploy as soon as practicable, but no later than 30 days after receiving the application. Agencies have the right to ask for documentation showing the length and character of the employee's service and the timeliness of the application.

Positions to Which Restored

Employees who served less than 91 days must be placed in the position for which qualified that they would have attained had their employment not been interrupted. If not qualified for such position after reasonable efforts by the agency to qualify the person, the employee is entitled to be placed in the position he or she left.
Employees who served more than 90 days have essentially the same rights as described above except that the agency has the option of placing the employee in a position for which qualified of like seniority, status, and pay.
Employees with service-connected disabilities who are not qualified for the above must be reemployed in a position that most closely approximates the position they would have been entitled to, consistent with the circumstances in each case.
Employees who were under time-limited appointments finish the unexpired portion of their appointments upon their return.

Service Credit

Upon restoration, employees are generally treated as though they had never left. This means that time spent in the uniformed services counts for seniority, within-grade increases, completion of probation, career tenure, retirement, and leave rate accrual. (Employees do not earn sick or annual leave while off the rolls or in a nonpay status.)
To receive civil service retirement credit for military service, a deposit to the retirement fund is usually required to cover the period of military service. Only active, honorable military service is creditable for retirement purposes. If the employee is under the Civil Service Retirement System (CSRS), a deposit of 7 percent of military basic pay (plus interest under certain conditions) is required. The deposit is 3 percent if the employee is under the Federal Employees Retirement System (FERS). However, these amounts may be different if:
  • the employee's creditable civilian service was interrupted by military duty; and
  • reemployment occurred pursuant to 38 U.S.C. chapter 43 on or after August 1, 1990.
In such a situation, the contribution is either the above-prescribed amount or the amount of civilian retirement deductions which would have been withheld had the individual not entered uniformed service if this amount is less than the normal deposit for military service.
National Guard Service - Special rules apply to crediting National Guard service.
Prior to the enactment of Public Law 103-353 in October 1994, National Guard service was creditable military service for civil service retirement only when the National Guard was activated in the service of the United States.
The 1994 law made full-time National Guard service (as defined by 10 U.S.C. 101(d)) which interrupted creditable Federal civilian employment under CSRS or FERS and was followed by restoration under chapter 43 of title 38, U.S.C., on or after August 1, 1990, creditable as military service.

OPM Placement

If the employing agency is unable to reemploy an individual returning from duty with a uniformed service, OPM will order placement in another agency when:
  • OPM determines that it is impossible or unreasonable for an agency in the executive branch (other than an intelligence agency) to reemploy the person; or
  • an intelligence agency or an agency in the legislative or judicial branch notifies OPM that it is impossible or unreasonable to reemploy the person, and the person applies to OPM for placement assistance; or
  • a noncareer National Guard technician who is not eligible for continued membership in the Guard for reasons beyond his or her control applies to OPM for placement assistance.

Employee Protections

Employees are not subject to a reduction in force while they are serving in the uniformed services. If they served for more than 180 days, they may not be separated, except for cause, for 1 year after their return. If they served for more than 30 but less than 181 days, they may not be separated, except for cause , for 6 months. (Reduction in force is not considered "for cause" under OPM's regulations.)
The law expressly prohibits any kind of discrimination or act of reprisal against an applicant or employee because of his or her application, membership or service in the uniformed services.

Paid Military Leave

Each fiscal year, employees under permanent appointment are entitled to 15 days (120 hours) of military leave, with pay, to perform active duty, active duty training, or inactive duty training as a member of a Reserve component or National Guard. Reservists may use military leave to cover drill periods or to perform funeral honors duty since both are considered inactive duty training for the purposes of military leave. Part-time employees and employees on uncommon tours of duty are entitled to military leave pro-rated according to the number of hours in the regularly scheduled tour of duty, e.g., an employee who works 20 hours a week earns 7 days (56 hours) of military leave.
Employees may carry over 15 (120 hours) days of unused military leave into a new fiscal year. Therefore, potentially they may have a total of 30 (240 hours) days to use in any one fiscal year. This means that Reservists whose military duty spans two fiscal years may use up to 45 days of military leave at one time.
Military leave should be credited to a full-time employee on the basis of an 8-hour workday. The minimum charge to leave is 1 hour. An employee may be charged military leave only for hours that the employee would otherwise have worked and received pay. Employees who request military leave for inactive duty training (which generally is 2, 4, or 6 hours in length) are charged only the amount of military leave necessary to cover the period of training and necessary travel. Members of the Reserves or and National Guard are not charged military leave for weekends and holidays that occur within the period of military service.
Upon request, an employee performing duty with the uniformed services is entitled to use either accrued annual leave or military leave for such service.
5 U.S.C. 6323; Comptroller General opinions: B-227222 (11/05/78), B-211249 (09/20/83), and B-241272 (02/15/91)

Life and Health Insurance

The life insurance of an employee who takes leave without pay to enter the uniformed services continues for up to 12 months. If the employee separates, life insurance continues for up to 12 months, or 90 days after uniformed service ends, whichever is sooner. There is no cost to the employee for this extension of coverage.
Employees who enter the uniformed services may elect to have their health insurance coverage continue for up to 12 months, and the employee continues to pay his or her share of the premium. Employees who remain in the uniformed services beyond 12 months may continue their health insurance for an additional 6 months by paying 102 percent of the premium, i.e., the employee's share, the Government's share, and a 2 percent administrative fee.
5 CFR Parts 870.501 and 890.303, 304, 305, 502
Thrift Savings
Employees who perform uniformed service may make up any contributions to the thrift savings plan they missed because of such service.
5 CFR Part 1620

Appeal right

Applicants or employees who believe that an agency has not complied with the law or with OPM regulations governing the restoration rights of employees who perform duty with the uniformed services may file a complaint with the Department of Labor's local Veterans Employment and Training Service office or appeal directly to the Merit Systems Protection Board.

38 U.S.C. chapter 43