# § 2210c. Elimination of pension offset for certain rehired Federal retirees
**(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.
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**Source Credit**: (Aug. 1, 1946, ch. 724, title I, § 170C, as added Pub. L. 109–58, title VI, § 624(a), Aug. 8, 2005, 119 Stat. 783.)