5 U.S.C. § 8456: Military reserve technicians

is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in section 10101 of title 10 or from holding the military grade required for such employment; is not considered to be disabled under section 8451(a)(1)(B); is not appointed to a position in the Government (whether under subsection (b) or otherwise); and has not declined an offer of an appointment to a position in the Government under subsection (b). on the date the individual is appointed to a position in the Government (whether pursuant to subsection (b) or otherwise); on the date the individual declines an offer of appointment to a position in the Government under subsection (b); or as provided under section 8455(a). An individual eligible to retire under section 8414(c) shall not be eligible to retire under this section. the position is located within the commuting area of the individual’s former position; the individual is qualified to serve in such position, as determined by the head of the agency; and the position is at the same grade or equivalent level as the position from which the individual was separated.