§ 339.201 - Disqualification by OPM.

§ 339.201 Disqualification by OPM.

Subject to subpart C of part 731 of this chapter, OPM must review and decide upon an agency's request to pass over a candidate, who is a preference eligible, on medical grounds pursuant to § 339.306. OPM may deny an applicant examination, deny an eligible appointment, and instruct an agency to remove an appointee employment by reason of physical or mental unfitness for the position for which he or she has applied, or to which he or she has been appointed. An OPM decision under this section or § 339.306 is separate and distinct from a determination of disability under § 831.502, § 844.103, § 844.202, or subpart L of part 831 of this title, and does not necessarily entitle the employee to disability retirement under sections 8337 or 8451 of title 5, United States Codepursuant to statutory provisions for disability retirement under the Civil Service Retirement System and the Federal Employees' Retirement System.