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(a) In generalThe Commission may waive the application of section 8344 or 8468 of title 5 on a case-by-case basis for employment of an annuitant—(1) in a position of the Commission for which there is exceptional difficulty in recruiting or retaining a qualified employee; or (2) when a temporary emergency hiring need exists. (b) ProceduresThe Commission shall prescribe procedures for the exercise of authority under this section, including—(1) criteria for any exercise of authority; and (2) procedures for a delegation of authority. (c) Effect of waiverAn employee as to whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter II of chapter 83, or chapter 84, of title 5. (Aug. 1, 1946, ch. 724, title I, § 170C, as added Pub. L. 109–58, title VI, § 624(a), Aug. 8, 2005, 119 Stat. 783.)

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