Federal Preference
State Preference

FEDERAL VETERAN'S PREFERENCE

Veteran's Preference

Since the time of the Civil War, Veterans of the Armed Forces have been given some degree of preference in appointments to Federal jobs.

Recognizing that those serving in the Armed Forces make sacrifices, Congress enacted laws to prevent veterans seeking Federal employment from being penalized because of the time spent in military service.

By law, veterans who are disabled or who served on active duty in the Armed Forces during certain specified time periods or in military campaigns are entitled to preference over non-veterans both in hiring from competitive lists of eligibles and in retention during reductions in force.

Preference does not have as its goal the placement of a veteran in every vacant Federal job; this would be incompatible with the merit principle of public employment. Nor does it apply to promotions or other in-service actions. However, preference does provide a uniform method by which special consideration is given to qualified veterans seeking Federal employment.

Preference applies in hiring from civil service examinations, for most excepted service jobs, and when agencies make temporary appointments or use direct hire and delegated examining authorities from the U. S. Office of Personnel Management.

General Requirements for Preference

To be entitled to preference, a veteran must meet the eligibility requirements in section 2108 of title 5, United States Code. This means that:

• · An honorable or general discharge is necessary.
• · Military retirees at the rank of major, lieutenant commander, or higher are not eligible for preference unless they are disabled veterans.
• · Guard and Reserve active duty for training purposes does not qualify for preference.
• · When applying for Federal jobs, eligible veterans should claim preference on their application or resume.
• · Applicants claiming 10-point preference must complete form SF-15, Application for 10-Point Veteran Preference.
  
  
  TYPES OF PREFERENCE:

5-Point Preference

Five points are added to the passing examination score of a veteran who served:

• · During the period December 7, 1941, to July 1, 1955; or
• · For more than 180 consecutive days, any part of which occurred after January 31, 1955, and before October 15, 1976; or
• · During the Gulf War from August 2, 1990 through January 2, 1992; or
• · In a campaign or expedition for which a campaign medal has been authorized, including El Salvador, Grenada, Haiti, Lebanon, Panama, Somalia, Southwest Asia, and Bosnia.
  
  Medal holders and Gulf War veterans who enlisted after September 7, 1980, or entered on active duty on or after October 14, 1982, must have served continuously for 24 months or the full period called or ordered to active duty.

The service requirement does not apply to veterans with compensable service-connected disabilities, or to veterans separated for disability in the line of duty, or for hardship.

10-Point Preference

Ten points are added to the passing examination score of:

• · A veteran who served at any time and who (1) has a present service-connected disability or (2) is receiving compensation, disability retirement benefits, or pension from the military or the Department of Veterans Affairs
• · Individuals who received a Purple Heart qualify as disabled veterans.
• · An unmarried spouse of certain deceased veterans, a spouse of a veteran unable to work because of a service-connected disability, and a mother of a veteran who died in service or who is permanently and totally disabled.
  
  
  Preference in Examination

Veterans meeting the criteria for preference and who are found eligible (achieve a score of 70 or higher either by a written examination or an evaluation of their experience and education) have 5 or 10 points added to their numerical ratings depending on the nature of their preference. For scientific and professional positions in grade GS-9 or higher, names of all eligibles are listed in order of ratings, augmented by veteran preference, if any.

For all other positions, the names of 10-point preference eligibles who have a compensable, service-connected disability of 10 percent or more are placed ahead of the names of all other eligibles on a given register.

The names of other 10-point preference eligibles, 5-point preference eligibles, and non-veterans are listed in order of their numerical ratings.

Entitlement to veterans' preference does not guarantee a job. There are many ways an agency can fill a vacancy other than by appointment from a list of eligibles.

Filing Applications after Examinations Have Been Closed

A 10-point preference eligible may file an application at any time for any positions for which a non-temporary appointment has been made from a competitive list of eligibles within the past 3 years.

In addition, a person who is unable to file for an open competitive examination because of military service may file after the closing date.

In either of the above situations, the veteran should contact the agency that announced the position for further information.

Positions for Preference Eligibles Only

Certain examinations are open only to preference eligibles as long as such applicants are available. These are custodian, guard, elevator operator and messenger. This limitation applies only to initial employment and does not usually prevent an agency from filling one of these jobs by other means.

Special Complaint Procedures for Veterans

Veterans who believe that they have not been accorded the preference to which they are entitled may file a complaint under a U.S. Department of Labor and U.S. Office of Personnel Management memorandum of understanding (refer to Federal Employment Info Line Sheet EI-44, Special Complaint Procedures for Veterans).

The Department of Labor's Office of the Assistant Secretary for Policy and Veterans' Employment and Training Service developed an "expert system" to help veterans receive the preferences to which they are entitled. Two versions of this system are currently available, both of which, help the veterans determine the type of preference to which they are entitled, the benefits associated with the preference and the steps necessary to file a complaint due to the failure of a Federal Agency to provide those benefits.

The Internet address for the veterans' preference program is:

http://www.dol.gov/dol/vets/public/programs/programs/preference/main.htm

(State Employment Service Offices have veteran representatives available to assist veterans in gaining access to this information.)

Minnesota Veteran's Preference Laws

43A.11 Veteran's Preference.

(Employment)

Subdivision 1. Creation. Recognizing that training and experience in the military services of the government and loyalty and sacrifice for the government are qualifications of merit which cannot be readily assessed by examination, a veteran's preference shall be available pursuant to this section to a veteran as defined in section 197.447.

Subd. 2. Restrictions. Veteran's preference credit under this section may not be used by any veteran who is currently receiving or is eligible to receive a monthly veteran's pension based exclusively on length of military service.

Subd. 3. Nondisabled veteran's credit. There shall be added to the competitive open examination rating of a nondisabled veteran, who so elects, a credit of five points provided that the veteran obtained a passing rating on the examination without the addition of the credit points.

Subd. 4. Disabled veteran's credit. There shall be added to the competitive open examination rating of a disabled veteran, who so elects, a credit of ten points provided that the veteran obtained a passing rating on the examination without the addition of the credit points. There shall be added to the competitive promotional examination rating of a disabled veteran, who so elects, a credit of five points provided that (a) the veteran obtained a passing rating on the examination without the addition of the credit points and (b) the veteran is applying for a first promotion after securing public employment.

Subd. 5. Disabled veteran; definitions. For the purpose of the preference to be used in securing appointment from a competitive open examination, "disabled veteran" means a person who has a compensable service connected disability as adjudicated by the United States Veterans Administration, or by the retirement board of one of the several branches of the armed forces, which disability is existing at the time preference is claimed. For purposes of the preference to be used in securing appointment from a competitive promotional examination, "disabled veteran" means a person who, at the time of election to use a promotional preference, is entitled to disability compensation under laws administered by the veterans administration for a permanent service connected disability rated at 50 percent or more.

Subd. 6. Preference for spouses. A preference available pursuant to this section may be used by the surviving spouse of a deceased veteran and by the spouse of a disabled veteran who because of the disability is unable to qualify.

Subd. 7. Ranking of veterans. An eligible with a rating augmented by veteran's preference shall be entered on an eligible list ahead of a nonveteran with the same rating.

Subd. 8. Notification. A governmental agency when notifying eligibles that they have passed examinations shall show the final examination ratings preference credits and shall notify eligibles that they may elect to use veteran's preference to augment passing ratings.

Subd. 9. Rejection; explanation. If the appointing authority rejects a certified eligible who has received veteran's preference, the appointing authority shall notify the eligible in writing of the reasons for the rejection.

HIST: 1981 c 210 s 11; 1982 c 560 s 17-20; 1984 c 468 s 1; 1984 c 609 s 1; 1985 c 248 s 85; 1Sp1985 c 16 art 2 s 8; 1986c 444

Copyright 1998 by the Office of Revisor of Statutes, State of Minnesota.

197.46 Veterans Preference Act; removal forbidden; right of mandamus

(Discharge from employment)

Any person whose rights may be in any way prejudiced contrary to any of the provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong. No person holding a position by appointment or employment in the several counties, cities, towns, school districts and all other political subdivisions in the state, who is a veteran separated from the military service under honorable conditions, shall be removed from such position or employment except for incompetency or misconduct shown after a hearing, upon due notice, upon stated charges, in writing.

Any veteran who has been notified of the intent to discharge the veteran from an appointed position or employment pursuant to this section shall be notified in writing of such intent to discharge and of the veteran's right to request a hearing within 60 days of receipt of the notice of intent to discharge. The failure of a veteran to request a hearing within the provided 60-day period shall constitute a waiver of the right to a hearing. Such failure shall also waive all other available legal remedies for reinstatement.

Request for a hearing concerning such a discharge shall be made in writing and submitted by mail or personal service to the employment office of the concerned employer or other appropriate office or person.

In all governmental subdivisions having an established civil service board or commission, or merit system authority, such hearing for removal or discharge shall be held before such civil service board or commission or merit system authority.

Where no such civil service board or commission or merit system authority exists, such hearing shall be held by a board of three persons appointed as follows: one by the governmental subdivision, one by the veteran, and the third by the two so selected. In the event the two persons so selected do not appoint the third person within ten days after the appointment of the last of the two, then the judge of the district court of the county wherein the proceeding is pending, or if there be more than one judge in said county then any judge in chambers, shall have jurisdiction to appoint, and upon application of either or both of the two so selected shall appoint, the third person to the board and the person so appointed by the judge with the two first selected shall constitute the board.

The veteran may appeal from the decision of the board upon the charges to the district court by causing written notice of appeal, stating the grounds thereof, to be served upon the governmental subdivision or officer making the charges within 15 days after notice of the decision and by filing the original notice of appeal with proof of service thereof in the office of the court administrator of the district court within ten days after service thereof. Nothing in section 197.455 or this section shall be construed to apply to the position of private secretary, teacher, superintendent of schools, or one chief deputy of any elected official or head of a department, or to any person holding a strictly confidential relation to the appointing officer. The burden of establishing such relationship shall be upon the appointing officer in all proceedings and actions relating thereto.

All officers, boards, commissions, and employees shall conform to, comply with, and aid in all proper ways in carrying into effect the provisions of section 197.455 and this section notwithstanding any laws, charter provisions, ordinances or rules to the contrary. Any willful violation of such sections by officers, officials, or employees is a misdemeanor.

HIST: (4369) 1907 c 263 s 2; 1917 c 499 s 1; 1919 c 14 s 1; 1919 c 192 s 2; 1937 c 121; Ex1937 c 6 s 2; 1943 c 230 s 2; 1945 c 502 s 2; 1961 c 566 s 1; 1974 c 549 s 1; 1975 c 45 s 5; 1986 c 444; 1Sp1986 c 3 art 1 s 82

Copyright 1998 by the Office of Revisor of Statutes, State of Minnesota.