---
kind: "section"
citation: "5 U.S.C. § 5366"
title: "5"
title_heading: "Government Organization and Employees"
number: "5366"
heading: "Appeals"
release: "119-102"
url: "https://uscodex.org/usc/5/5366"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 53 — Pay Rates and Systems"
  - "Subchapter VI — Grade and Pay Retention"
---

# §5366. Appeals

- (a)
  - (1) In the case of the termination of any benefits available to an [employee](/usc/5/5361.md?p=1) under this subchapter on the grounds such [employee](/usc/5/5361.md?p=1) declined a reasonable offer of a [position](/usc/5/5531.md?p=2) the grade or pay of which was equal to or greater than his [retained grade](/usc/5/5361.md?p=3) or pay, such termination may be appealed to the Office of Personnel Management under procedures prescribed by the Office.
  - (2) Nothing in this subchapter shall be construed to affect the right of any [employee](/usc/5/5361.md?p=1) to appeal—
    - (A) under section [5112(b)](/usc/5/5112.md?p=b) or [5346(c)](/usc/5/5346.md?p=c) of this title, or otherwise, any reclassification of a [position](/usc/5/5531.md?p=2); or
    - (B) under procedures prescribed by the Office of Personnel Management, any reduction-in-force action.
- (b) For purposes of any appeal procedures (other than those described in [subsection (a)](#a) of this section) or any grievance procedure negotiated under the provisions of [chapter 71](/usc/5/chptIII-sptF-ch71.md) of this title—
  - (1) any action which is the basis of an individual’s entitlement to benefits under this subchapter, and
  - (2) any termination of any such benefits under this subchapter,

  shall not be treated as appealable under such appeals procedures or grievable under such grievance procedure.


## Source credit

(Added Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1221.)