(a) In general The 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) Procedures The 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 waiver An 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.