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Executive Order 10826--Authorizing the Office of Personnel Management to confer benefits in certain cases

Source: The provisions of Executive Order 10826 of June 25, 1959, appear at 24 FR 5233, 3 CFR, 1959-1963 Comp., p. 362, unless otherwise noted.

By virtue of the authority vested in me by section 2 of the Civil Service Act (22 Stat. 403) and section 1753 of the Revised Statutes of the United States (5 U.S.C. 631), and as President of the United States, it is hereby ordered as follows:

Section 1. Whenever a Federal employee or former Federal employee has met the requirements of an Executive order (heretofore or hereafter issued) which provides a benefit for Federal employees but has become ineligible to receive such benefit solely because of the failure of an administrative agency, because of error or oversight, to make a timely determination or recommendation required by the Executive order, the Office of Personnel Management may, to avoid inequity in individual cases, confer such benefit upon the employee or former employee: Provided, that the Office of Personnel Management may confer such benefit only upon the making of the required determination or recommendation by the agency in which the employee or former employee is employed or is to be employed; and no action taken by the Office under this order shall be effective prior to the date on which the action is taken.

[Sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]

Sec. 2. The grant of a benefit under section 1 of this order shall not entitle any person to appeal a reduction-in-force or other personnel action made effective prior to the date on which the agency concerned is notified that such person has been granted a benefit under this order.

Sec. 3. Executive Order No. 10535 of June 9, 1954, is hereby revoked.


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