((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.