42 U.S.C. § 2210c

(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.