Sunday, January 25, 2015

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.

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