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Gold Star Fathers Act of 2015 (Derived Veterans’ Preference for Parents)

Thursday, July 14, 2016
MEMORANDUM FOR: 
CHIEF HUMAN CAPITAL OFFICERS
From: 
BETH F. COBERT, ACTING DIRECTOR
Subject: 
Gold Star Fathers Act of 2015 (Derived Veterans’ Preference for Parents)

On October 7, 2015, the President signed the Gold Star Fathers Act of 2015, P.L. 114-62 (i.e., the “Act”).  The Act amends section 2108(3)(F) and (G) of title 5, United States Code, by expanding preference eligibility from the ‘mother’ of a deceased or disabled veteran who is unable to use his or her preference, to the ‘parent’ of that service member.  The Act is in effect now (it became effective on January 7, 2016) and agencies must apply the new criteria, now laid out in the law as follows: 

Section 2108(3)(F) the parent of an individual who lost his or her life under honorable conditions while serving in the armed forces during a period named by paragraph (1)(A) of this section, if—

(i) the spouse of that parent is totally and permanently disabled; or

(ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse;

(G) the parent of a service-connected permanently and totally disabled veteran, if—

(i) the spouse of that parent is totally and permanently disabled; or 

(ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse.

The U.S. Office of Personnel Management is in the process of updating the Delegated Examining Operations Handbook; the Vet Guide; chapter 211 of title 5, Code of Federal Regulations; the SF-15, Application for 10-Point Veteran’s Preference; and relevant website pages, accordingly.

If you have questions or need additional information, please contact Roseanna Ciarlante at (267) 932-8640 or Roseanna.Ciarlante@opm.gov