Office of Personnel Management Pt. 330 - GPO · Office of Personnel Management Pt. 330 ... 3 CFR 1954–58 Comp., p. 218; §330.102 also issued under 5 U.S.C. 3327; ... Office of

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Office of Personnel Management Pt. 330

which is provided the offices, will sat-isfy this requirement.

(c) Evaluation and selection. Examina-tion and selection procedures, andrights of applicants, are subject to thesame provisions in statute and regula-tion that govern civil service examina-tions and appointments in general.

(d) Records. (1) Agencies must main-tain records sufficient to allow recon-struction of the merit staffing process.

(2) Records must be kept for 2 yearsafter an appointment, or, if no appoint-ment is made, for 2 years after theclosing date of the vacancy announce-ment.

§ 319.402 Scientific and professionalpositions.

(a) ST positions are filled withoutcompetitive examination under 5U.S.C. 3325.

(b) ST positions are not subject tothe citizenship requirements in 5 CFRpart 338, subpart A. Agencies, however,must observe any restrictions on theemployment of noncitizens in applica-ble appropriations acts.

(c) ST employees acquire competitivestatus immediately upon appointment.They are not required to serve a proba-tionary or trial period.

PART 330—RECRUITMENT, SELEC-TION, AND PLACEMENT (GEN-ERAL)

Subpart A—Discretion in Filling Vacancies

Sec.330.101 Methods of filling vacancies.330.102 Federal employment information.

Subpart B—Reemployment Priority List (RPL)

330.201 Establishment and maintenance ofRPL.

330.202 Application.330.203 Eligibility due to reduction in force.330.204 Eligibility due to compensable in-

jury.330.205 Employment restrictions.330.206 Job consideration.330.207 Selection from RPL.330.208 Qualification requirements.330.209 Appeals.

Subpart C [Reserved]

Subpart D—Positions Restricted toPreference Eligibles

330.401 Competitive examination.330.402 Direct recruitment.330.403 Noncompetitive actions.330.404 Displacement of preference eligibles

occupying restricted positions in con-tracting out situations.

330.405 Agency placement assistance.330.406 OPM placement assistance.330.407 Eligibility for the Interagency Ca-

reer Transition Assistance Plan.

Subpart E—Restrictions To ProtectCompetitive Principles

330.501 General restriction on movementafter competitive appointment.

330.502 [Reserved]330.503 Assessment of compliance with com-

petitive principles.330.504 Special restrictions after appoint-

ment under Part-time Direct Hire Pro-gram.

330.505 Nonapplicability to persons withinreach on registers.

Subpart F—Agency Career Transition As-sistance Plans (CTAP) for Local Surplusand Displaced Employees

330.601 Purpose.330.602 Agency plans.330.603 [Reserved]330.604 Definitions.330.605 Eligibility.330.606 Order of selection for filling vacan-

cies from within the agency.330.607 Notification of surplus and displaced

employees.330.608 Application and selection.330.609 Qualification reviews.330.610 [Reserved]330.611 Oversight.

Subpart G—Interagency Career TransitionAssistance Plan for Displaced Employees

330.701 Purpose.330.702 [Reserved]330.703 Definitions.330.704 Eligibility.330.705 Order of selection in filling vacan-

cies from outside the agency’s workforce.330.706 Notification of displaced employees.330.707 Reporting vacancies to OPM.330.708 Application and selection.330.709 Qualification reviews.330.710 [Reserved]330.711 Oversight.

Subpart H–I [Reserved]

Subpart J—Prohibited Practices

330.1001 Withdrawal from competition.

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5 CFR Ch. I (1–1–02 Edition)§ 330.101

Subpart K—Federal Employment PriorityConsideration Program for DisplacedEmployees of the District of ColumbiaDepartment of Corrections

330.1101 Purpose.330.1102 Duration.330.1103 Definitions.330.1104 Eligibility.330.1105 Selection.330.1106 Appointment.

Subpart L—Interagency Career TransitionAssistance for Displaced Former Pan-ama Canal Zone Employees

330.1201 Purpose.330.1202 Definitions.330.1203 Eligibility330.1204 Selection.

AUTHORITY: 5 U.S.C. 1302, 3301, 3302; E.O.10577, 3 CFR 1954–58 Comp., p. 218; § 330.102also issued under 5 U.S.C. 3327; subpart Balso issued under 5 U.S.C. 3315 and 8151;§ 330.401 also issued under 5 U.S.C. 3310; sub-part G also issued under 5 U.S.C. 8337(h) and8457(b); subpart K also issued under sec. 11203of Pub. Law 105–33 (111 Stat. 738) and Pub.Law 105–274 (112 Stat. 2424); subpart L alsoissued under sec. 1232 of Pub. L. 96–70, 93Stat. 452.

EFFECTIVE DATE NOTE: At 66 FR 63906, Dec.11, 2001, the authority for part 330 was re-vised, effective Jan. 10, 2002. For the conven-ience of the user, the revised text is set forthas follows:

AUTHORITY: 5 U.S.C. 1302, 3301, 3302, 3327and 3330; E.O. 10577, 3 CFR 1954–58 Comp.,p.218.

Section 330.102 also issued under 5 U.S.C.3327.

Subpart B also issued under 5 U.S.C. 3315and 8151.

Section 330.401 also issued under 5 U.S.C.3310.

Subpart G also issued under 5 U.S.C. 8337(h)and 8456(b).

Subpart K also issued under sec. 11203 ofPub. L. 105–33, 111 Stat. 738 and Pub. L. 105–274, 112 Stat. 2424.

Subpart L also issued under sec.1232 ofPub. L. 96–70, 93 Stat. 452.

SOURCE: 33 FR 12425, Sept. 4, 1968, unlessotherwise noted.

Subpart A—Discretion in FillingVacancies

§ 330.101 Methods of filling vacancies.An appointing officer may fill a posi-

tion in the competitive service by any

of the methods authorized in this chap-ter. He shall exercise his discretion ineach personnel action solely on thebasis of merit and fitness and withoutthe discrimination prohibited in part713 of this chapter.

§ 330.102 Federal employment informa-tion.

(a) Vacancies open to the public. (1) No-tice required—(i) Under 5 U.S.C. 3327,Federal agencies must notify OPMpromptly of:

(A) Open competitive examinations;(B) Vacancies in the competitive

service to be filled under direct hireprocedures or part 333 of this chapter;and

(C) Vacancies in the Senior Execu-tive Service for which the agency seeksapplications from persons outside theFederal service. Also, in accordancewith § 317.501(b)(2) of this chapter, agen-cies must notify OPM of all Senior Ex-ecutive Service vacancies to be filledby initial career appointment.

(ii) OPM will provide this informa-tion to the employment offices of theUnited States Employment Service.

(2) Agencies covered. Paragraph (a)(1)of this section applies to:

(i) The executive departments listedat 5 U.S.C. 101;

(ii) The military departments listedat 5 U.S.C. 102;

(iii) Government owned corporationsin the executive branch as described at5 U.S.C. 103;

(iv) Independent establishments inthe executive branch as described at 5U.S.C. 104, including the Nuclear Regu-latory Commission; and

(v) Government Printing Office.(b) All other vacancies—(1) Notice re-

quired. Under 5 U.S.C. 3330, OPM mustmaintain, and make available to thepublic, a list of agency vacancy an-nouncements for positions in the com-petitive service. Under § 330.707 of thischapter, agencies must notify OPMpromptly of competitive service vacan-cies to be filled for more than 120 dayswhen the agency will accept applica-tions from individuals outside theagency’s own work force.

(2) [Reserved](c) Funding. Under 5 U.S.C. 3330(f),

OPM is authorized to charge fees toagencies for their share of the cost of


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Office of Personnel Management § 330.202

providing employment information tothe public and to Federal employees.OPM will work with agencies to reviewthe effectiveness and efficiency of theFederal Employment Information Sys-tem in meeting Federal agency andpublic needs and identify improve-ments to the system, consistent withthe minimum level of service and stat-utory requirements. Subsequently,OPM will annually compute the cost ofproviding employment information andnotify each agency of its share, alongwith a full accounting of the costs, andpayment procedures.

[61 FR 11501, Mar. 21, 1996, as amended at 62FR 31320, June 9, 1997]

Subpart B—Reemployment PriorityList (RPL)

SOURCE: 53 FR 45067, Nov. 8, 1988, unlessotherwise noted.

§ 330.201 Establishment and mainte-nance of RPL.

(a) The reemployment priority list(RPL) is the mechanism agencies useto give reemployment consideration totheir former competitive service em-ployees separated by reduction in force(RIF) or fully recovered from a com-pensable injury after more than 1 year.The RPL is a required component ofagency positive placement programs.In filling vacancies, the agency mustgive RPL registrants priority consider-ation over certain outside job appli-cants and, if it chooses, also may con-sider RPL registrants before consid-ering internal candidates.

(b) Each agency is required to estab-lish and maintain a reemployment pri-ority list for each commuting area inwhich it separates eligible competitiveservice employess by RIF or when aformer employee recovers from a com-pensable injury after more than 1 year,except as provided in paragraph (c) ofthis section. For purposes of this sub-part, agency means Executive agency asdefined in 5 U.S.C. 105. All componentsof an agency within the commutingarea utilize a single RPL and are re-sponsible for giving priority consider-ation to the RPL registrants.

(c) An agency need not maintain adistinct RPL for employees separated

by reduction in force if the agency op-erates a placement program for its em-ployees and obtains OPM concurrencethat the program satisfies the basic re-quirements of this subpart. The intentof this provision is to allow agencies toadopt different placement strategiesthat are effective for their particularprograms yet satisfy legal entitle-ments to priority consideration in re-employment.

[60 FR 3058, Jan. 13, 1995]

§ 330.202 Application.

(a)(1) To be entered on the RPL, aneligible employee under § 330.203 mustcomplete an application prescribed bythe employing agency and inform theagency of any significant changes inthe information provided. This applica-tion must provide for the employee tospecify the conditions under which heor she will accept employment, includ-ing grade, occupation, and minimumhours or work per week, in addition topositions at the same representativerate and type of work schedule (e.g.,full-time, part-time, seasonal, inter-mittent, on-call, etc.) as the positionfrom which the employee was or will beseparated. Registration may take placeas soon as a specific notice of separa-tion under part 351 of this chapter, or aCertification of Expected Separation asprovided in § 351.807 of this chapter, hasbeen issued. The employee must submitthe application within 30 calendar daysafter the RIF separation date. An em-ployee who fails to submit a timely ap-plication is not entitled to be placed onthe RPL. If an agency has componentsscattered throughout a large com-muting area, the agency may allow eli-gibles to indicate their availabilityonly for certain sub-areas within thecommuting area. However, the agencycannot deny consideration throughoutthe entire commuting area if the eligi-ble wants it.

(2) An eligible employee under§ 330.204 must request reemploymentwithin 30 calendar days after the datecompensation ceases, except that whenan appeal for continuation of com-pensation is filed, the 30-day period be-gins the day after resolution isreached. No specific format is required.


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5 CFR Ch. I (1–1–02 Edition)§ 330.203

(b) An agency must enroll an indi-vidual on the RPL no later than 10 cal-endar days after receipt of an applica-tion or request.

(c) Agencies should be prepared to as-sist employees, when requested, inidentifying and listing on the reem-ployment priority list (RPL) applica-tion those positions within the agencyfor which the employee qualifies and isinterested.

[53 FR 45067, Nov. 8, 1988, as amended at 60FR 3059, Jan. 13, 1995]

§ 330.203 Eligibility due to reductionin force.

(a) To apply for the RPL, an em-ployee must meet all the followingconditions:

(1) Be serving under an appointmentin the competitive service in tenuregroup I or II;

(2) Have received a rating above un-acceptable (level 1) as the last annualperformance rating of record for part351 purposes (except for employees inpositions excluded from a performanceappraisal system by law, regulation, orOPM administrative action);

(3) Have received a specific notice ofseparation under part 351 of this chap-ter, or a Certification of Expected Sep-aration as provided in § 351.807 of thischapter; and

(4) Have not declined an offer undersubpart G of part 351 of this chapter ofa position with the same type of workschedule and a representative rate atleast as high as that of the positionfrom which the employee was or will beseparated.

(b) At the time it gives a specific RIFnotice of separation or a Certificationof Expected Separation, the agencymust give each eligible employee infor-mation about the RPL, including ap-peal rights.

(c) A tenure group I employee is eli-gible for the RPL for 2 years, and atenure group II employee is eligible for1 year, from the date the employee isentered on the RPL.

(d)(1) When an individual declines anoffer of career, career-conditional, orexcepted appointment without timelimit or fails to reply to an inquiry,under this subpart, and the positionmeets the acceptable conditions shownin his or her application, he or she

loses RPL consideration for all posi-tions with a representative rate at orbelow that grade. However, subject toparagraph (d)(2)(iii) of this section, theindividual retains eligibility for posi-tions with a higher representative rateup to the last grade held.

(2) Also, an individual is taken offthe RPL before the period of eligibilityexpires when the individual:

(i) Requests removal;(ii) Receives a career, career-condi-

tional, or excepted appointment with-out time limit in any agency;

(iii) Declines an offer of career, ca-reer-conditional, or excepted appoint-ment without time limit or fails toreply to an inquiry, under this subpart,by the employee’s former agency, con-cerning a specific position having arepresentative rate at least as high,and with the same type of work sched-ule, as that of the position from whichthe person was or will be separated.

(iv) Separates for some other reason(such as retirement, resignation, etc.)before the date the RIF separationwould take effect. An employee who re-tires on or after the date of separationby RIF does not lose RPL eligibility.

(v) Declines an interview or fails toappear for a scheduled interview only ifnotified in advance of this requirementand the subsequent consequences.

(vi) In the case of an individual en-rolled on an RPL for Alaska or over-seas, leaves the area covered by thatRPL or becomes disqualified for over-seas employment because of previousservice or residence.

(3) When an agency removes an indi-vidual from the RPL because of failureto reply to a specific permanent joboffer or an inquiry of availability for aspecific permanent vacancy, the agen-cy must have evidence to show that awritten offer or inquiry was made (e.g.,a Postal Service ‘‘return receipt signedby addressee only’’). The written offeror inquiry to the individual must clear-ly state that failure to respond will re-sult in loss of RPL consideration forthat grade or higher grades, if eligible.

(e) Declination of nonpermanent em-ployment has no effect on RPL eligi-bility or continuation of RPL consider-ation.


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(f) Consideration for all jobs (whetherpermanent or nonpermanent) is sus-pended for any individual who cannotbe reached by the agency. Submissionof an updated application can reinstateconsideration, but the period of eligi-bility is not extended beyond the origi-nal time set in paragraph (c) of thissection.

(g) Eligibles who had agreed to trans-fer with their function but were sepa-rated by RIF from the gaining competi-tive area are registered on the RPL ofthe gaining competitive area.

[53 FR 45067, Nov. 8, 1988, as amended at 57FR 21890, May 26, 1992; 60 FR 3059, Jan. 13,1995]

§ 330.204 Eligibility due to compen-sable injury.

(a) A competitive service employee intenure group I or II who is separated(or who accepts a lower graded positionin lieu of separation) because of a com-pensable injury of disability (as definedin part 353 of this chapter) who hasfully recovered more than 1 year aftercompensation began is entitled to beplaced on the RPL provided the indi-vidual applies within the timeframesaddressed in § 330.202. Part 353 of thischapter contains information on eligi-bility.

(b) A former tenure group I employeeis eligible for the RPL for 2 years, anda former tenure group II employee iseligible for 1 year, from the date the in-dividual is entered on the RPL. An in-dividual is taken off the RPL beforethe period of eligibility expires whenthe individual:

(1) Requests removal;(2) Receives a career, career-condi-

tional, or excepted appointment with-out time limit in any agency; or

(3) Declines an offer or fails to re-spond to an inquiry of availabilityabout a specific position that is thesame as or equivalent to the positionfrom which separated.

(c) A former employee must requestreemployment consideration with thetime limits set in § 330.202.


§ 330.205 Employment restrictions.(a) The restrictions in paragraph (b)

of this section apply to the filling of all

competitive service vacancies, regard-less of whether an agency plans tomake a temporary, term, or permanentappointment. This means an agencymust consider RPL registrants for non-permanent as well as permanent posi-tions when they have indicated suchinterest on their RPL application.

(b) When a qualified individual isavailable on an agency’s RPL, theagency may not make a final commit-ment to an individual not on the RPLto fill a permanent or temporary com-petitive service position by:

(1) A new appointment, unless the in-dividual appointed is a qualified 10-point preference eligible; or

(2) Transfer or reemployment, unlessthe individual appointed is a preferenceeligible, is exercising restorationrights under part 353 of this chapterbased on return from military serviceor recovery from a compensable injuryor disability within 1 year, or is exer-cising other statutory or regulatory re-employment rights.

(c) Paragraph (b) of this section doesnot apply to actions involving employ-ees on an agency’s rolls, as authorizedin paragraphs (c) (1), (2), and (3) of thissection, or in filling a specific position:

(1) When all qualified individuals onthe RPL decline an offer of a specificposition or fail to respond to an officialagency inquiry about their availabilityfor it; or

(2) By a current, qualified employeeof the agency through:

(i) Detail or position change (pro-motion, demotion, reassignment); or

(ii) Conversion to competitive ap-pointment of employees currently serv-ing under appointments that carry anoncompetitive conversion eligibility(e.g., Veterans Readjustment Ap-pointee, 30 percent disabled veterans,disabled employees under Schedule Aappointment, Presidential Manage-ment Interns, cooperative educationstudents under Schedule B appoint-ment, and TAPERS); or

(iii) Reappointment without a breakin service to the same position cur-rently held by an employee servingunder a temporary appointment of 1year or less (only to another temporaryappointment not to exceed 1 year orless and not to a permanent appoint-ment); or


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5 CFR Ch. I (1–1–02 Edition)§ 330.206

(iv) Extension of an employee’s tem-porary appointment up to the max-imum permitted by the appointmentauthority or as authorized by OPM.

(3) By a 30-day special needs appoint-ment or 700 hour temporary appoint-ment of a severely disabled or mentallyrestored individual, when the agency’sstaffing policies provide for these ex-ceptions.

(d) An agency must clear the RPL atthe grade level at which it fills a posi-tion (regardless of the full performancelevel). Similarly, if an agency adver-tises a position at multiple grade lev-els, it must clear the RPL only at thegrade level at which the position is ul-timately filled.

(e) Once an agency has cleared itsRPL and made a final employmentcommitment to an individual, the laterregistration of another employee onthe RPL does not prevent the fulfill-ment of the original commitment, re-gardless of when the individual actu-ally enters on duty.

(f) An agency may make an exceptionto this section and appoint an indi-vidual not on the RPL as authorized by§ 330.207(d).

(g) When submitting a request for re-ferral of eligibles, an agency is re-quired to indicate that no qualifiedRPL registrant is available for the va-cancy and therefore the agency maymake a new appointment. Similarly,an agency must clear its RPL beforemaking appointments under a direct-hire authority, which includes the Out-standing Scholar provision, or dele-gated examining authority.

[60 FR 3059, Jan. 13, 1995]

§ 330.206 Job consideration.(a)(1) An eligible employee under

§ 330.203 is entitled to consideration forpositions in the commuting area forwhich qualified and available that areat no higher grade (or equivalent), haveno greater promotion potential thanthe position from which the employeewas or will be separated, and have thesame type of work schedule. In addi-tion, an employee is entitled to consid-eration for any higher grade previouslyheld on a nontemporary basis in thecompetitive service from which theemployee was demoted under part 351of this chapter.

(2) An employee is considered for po-sitions having the same type of workschedule as the position from whichseparated except that the agency, atits discretion, may adopt provisionspermitting employees to request con-sideration for other work schedules inaddition to that formerly held.

(3) An eligible employee may be en-tered on the RPL only for the com-muting area in which separated andmay not apply for the RPL in anyother location, except as provided inparagraph (a)(4) of this section.

(4) Each eligible employee in a posi-tion in Alaska or overseas is entitledto apply for the RPL for the com-muting area in which separated, un-less:

(i) The employee leaves that area andmakes a written request for entry onthe RPL for the commuting area fromwhich he or she was employed for Alas-kan or overseas service, or in anotherarea within the United States outsideof Alaska that is mutually acceptableto the individual and the agency; or

(ii) The agency has a general pro-gram for rotating employees betweenoverseas areas and the United Statesand the employee’s immediately pre-ceding overseas service or residence,combined with prospective overseasservice under available appointments,would exceed the maximum duration ofan overseas duty tour in the agency ro-tation program. In this case, the em-ployee may apply for one other com-muting area within the United Statesthat is mututally acceptable to the in-dividual and the agency.

(b)(1) An eligible employee under§ 330.205 is placed on the RPL for reem-ployment consideration for his or herformer position or an equivalent one. Ifthe individual cannot be placed in sucha position in the former commutingarea, he or she is entitled to priorityconsideration for an equivalent posi-tion elsewhere in the agency at thetime and in a manner as the agency de-termines will provide the individualwith maximum opportunities for con-sideration.

(2) In lieu of expanded considerationin other locations, an individual whocannot be placed in his or her former orequivalent position in the former com-muting area may elect to be considered


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for the next best available position inthe former commuting area.


§ 330.207 Selection from RPL.

(a) Options. An agency must adoptone of the selection methods in para-graphs (b) and (c) of this section for usein operating a single RPL. The agencymay adopt the same method for eachRPL it establishes or may vary themethod by location, but it must adopta written policy for each RPL it estab-lishes and maintains. After a method isadopted, the agency uses that methodin filling all positions. While an agencymay not vary the method used by indi-vidual vacancy, it may at any timeswitch selection methods for employ-ees enrolled on the RPL.

(b) Retention standing order. For eachvacancy to be filled, the agency shallplace qualified individuals in group andsubgroup order in accordance with part351 of this chapter. In making a selec-tion, an agency may not pass over anindividual in group I to select fromgroup II and, within a group, may notpass over an individual in a higher sub-group to select from a lower subgroup.Within a subgroup, an agency may se-lect an individual without regard toorder of retention standing. A personhas no greater priority for the grade orposition from which separated thanany other person on the list who isqualified for the vacancy. An agencymay make an exception to this selec-tion order only in accordance withparagraph (d) of this section.

(c)(1) Rating and ranking. For eachvacancy to be filled, the agency ratesqualified individuals according to theirjob experience and education. To dothis, an agency shall develop job-re-lated evaluation procedures capable ofdistinguishing differences in qualifica-tions measured, which shall be appliedin a fair and consistent manner. Basedon these procedures, the agency shallassign qualified individuals a numer-ical score of at least 70 on a scale of100. The agency shall grant 5 additionalpoints to preference eligibles undersection 2108(3)(A) and (B) of title 5,United States Code, and 10 additionalpoints to preference eligibles under

section 2108(3) (C) through (G) of thattitle.

(2) Individuals with an eligible nu-merical score shall be ranked in thefollowing order:

(i) Preference eligibles having a com-pensable service-connected disabilityof 10 percent or more in the order oftheir augmented ratings, unless the po-sition to be filled is a professional posi-tion at and above the GS–9 level, orequivalent; and

(ii) All other qualified candidates inthe order of their augmented ratings.At each score, qualified candidates eli-gible for 10-point preference will be en-tered ahead of all other eligibles, andthose eligible for 5-point preferencewill be entered ahead of those not eligi-ble for veteran preference.

(3) An agency must make its selec-tion from not more than the highestthree candidates available and maypass over a preference eligible to selecta nonpreference eligible only as an ex-ception under paragraph (d) of this sec-tion.

(d) Exceptions. An agency may makean exception to this subpart and ap-point an individual who is not on theRPL or has lower standing than otherson the RPL. The exception may begranted only when necessary to obtainan employee for duties that cannot betaken over without undue interruption(as defined in § 351.203 of this chapter)to the agency by an individual who ison the RPL or has higher standingthan the one appointed. The agencyshall notify, in writing, each individualon the RPL who is adversely affectedby an appointment under this para-graph of the reasons for the exceptionand of the right of appeal to the MeritSystems Protection Board.


§ 330.208 Qualification requirements.(a) Subject to applicable require-

ments of law and this chapter, an indi-vidual is considered qualified for a po-sition if he or she:

(1) Meets OPM-established or ap-proved qualification standards and re-quirements for the position, includingany minimum educational require-ments, and any selection placementfactors established by the agency;


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(2) Is physically qualified, with rea-sonable accommodation where appro-priate, to perform the duties of the po-sition; and

(3) Meets any special qualifying con-dition that OPM has approved for theposition.

(4) Meets any other applicable re-quirement for appointment to the com-petitive service.

(b) An agency may make an excep-tion to the qualification standard andadopt an alternative standard underthe following conditions (this provisiondoes not authorize waiver of the selec-tion order required by § 330.207):

(1) The exception is applied consist-ently and equitably in filling a posi-tion;

(2) The individual meets any min-imum educational requirement for theposition; and

(3) The agency determines that theindividual has the capacity, adapt-ability, and special skills needed tosatisfactorily perform the duties andresponsibilities of the position.

(c) The sex of an individual may notbe considered in determining qualifica-tions for a position, except positionsfor which OPM has determined certifi-cation of eligibles by sex is justified.


§ 330.209 Appeals.An individual who believes that his

or her reemployment priority rightsunder this subpart have been violatedbecause of the employment of anotherperson who otherwise could not havebeen appointed properly may appeal tothe Merit Systems Protection Boardunder the provisions of the Board’s reg-ulations.

Subpart C [Reserved]

Subpart D—Positions Restricted toPreference Eligibles

SOURCE: 65 FR 52642, Aug. 30, 2000, unlessotherwise noted.

§ 330.401 Competitive examination.In each entrance examination for the

positions of custodian, elevator oper-ator, guard, and messenger (referred to

in this subpart as restricted positions),OPM shall restrict competition to pref-erence eligibles as long as preferenceeligibles are available.

§ 330.402 Direct recruitment.

In direct recruitment by an agencyunder delegated authority, the agencyshall fill each restricted position bythe appointment of a preference eligi-ble as long as preference eligibles areavailable.

§ 330.403 Noncompetitive actions.

An agency may fill a restricted posi-tion by the appointment by non-competitive action of a nonpreferenceeligible only when authorized by OPM.

§ 330.404 Displacement of preferenceeligibles occupying restricted posi-tions in contracting out situations.

An individual agency and OPM bothhave additional responsibilities whenthe agency decides, in accordance withthe Office of Management and Budget(OMB) Circular A–76, to contract outthe work of a preference eligible whoholds a restricted position. These addi-tional responsibilities are applicable ifa preference eligible holds a competi-tive service position that is:

(a) A restricted position as des-ignated in 5 U.S.C. 3310 and § 330.401;and

(b) In retention tenure group tenure Ior II, as defined in § 351.501(b) (1) and (2)of this chapter.

§ 330.405 Agency placement assistance.

An agency that separates a pref-erence eligible from a restricted posi-tion by reduction in force under part351 of this chapter because of a con-tracting out situation covered in§ 330.404 must, consistent with § 330.602,advise the employee of the opportunityto participate in available career tran-sition programs. The agency is also re-sponsible for:

(a) Applying OMB’s policy directiveson the preference eligibles’ right offirst refusal for positions that are con-tracted out to the private sector; and

(b) Cooperating with State units asdesignated or created under title I ofthe Workforce Investment Act of 1998,


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to retrain displaced preference eligiblesfor other continuing positions.

[65 FR 52642, Aug. 30, 2000, as amended at 65FR 64133, Oct. 26, 2000]

§ 330.406 OPM placement assistance.OPM’s responsibilities include:(a) Assisting agencies in operating

positive placement programs, such asthe Career Transition Assistance Plan,which is authorized by subpart F ofthis part;

(b) Providing interagency selectionpriority through the Interagency Ca-reer Transition Assistance Plan, whichis authorized by subpart G of this part;and

(c) Encouraging cooperation betweenlocal Federal activities to assist thesedisplaced preference eligibles in apply-ing for other Federal positions, includ-ing positions with the U.S. PostalService.

§ 330.407 Eligibility for the Inter-agency Career Transition Assist-ance Plan.

(a) A preference eligible who is sepa-rated from a restricted position by re-duction in force under part 351 of thischapter because of a contracting outsituation covered in § 330.404 has inter-agency selection priority under theInteragency Career Transition Assist-ance Plan, which is authorized by sub-part G of this part. Section 330.704 cov-ers the general eligibility requirementsfor the Interagency Career TransitionAssistance Plan.

(b) A preference eligible covered bythis subpart is eligible for the Inter-agency Career Transition AssistancePlan for 2 years following separationby reduction in force from a restrictedposition.

Subpart E—Restrictions To ProtectCompetitive Principles

§ 330.501 General restriction on move-ment after competitive appoint-ment.

An agency may promote an employeeor reassign him to a different line ofwork, or to a different geographicalarea, and it may transfer a present em-ployee or reinstate a former employeeof the same or another agency to ahigher grade or different line of work,

or to a different geographical area,only after 3 months have elapsed sincethe employee’s latest nontemporarycompetitive appointment. OPM maywaive the restriction against move-ment to a different geographical areawhen it is satisfied that the waiver isconsistent with the principles of opencompetition.

[37 FR 11965, June 16, 1972]

§ 330.502 [Reserved]

§ 330.503 Assessment of compliancewith competitive principles.

As one factor in assessing an agen-cy’s compliance with competitive prin-ciples, OPM will consider the relation-ship between appointments from com-petitive examinations and subsequentposition changes. When OPM finds thatan agency has not complied with com-petitive principles, either in an indi-vidual case or on a program basis, OPMwill require the agency to take appro-priate corrective action.

[37 FR 11965, June 16, 1972]

§ 330.504 Special restrictions after ap-pointment under Part-time DirectHire Program.

(a) A person hired under the Part-time Direct Hire Program may not bechanged to full time through:

(1) Position change;(2) Work schedule change;(3) Transfer; or(4) Reinstatement based on appoint-

ment under the Part-time Direct HireProgram until he or she has completedat least 1 calendar year of service in apart-time position under the program.

(b) In the event of a break in service,the service requirement in paragraph(a) of this section is computed on thebasis of the employee’s total time in apay status, 365 days equaling 1 calendaryear.

(c) Agencies may waive this restric-tion only in the event of extreme per-sonal hardship to the employee.

[45 FR 65493, Oct. 3, 1980]

§ 330.505 Nonapplicability to personswithin reach on registers.

The restrictions in this subpart donot apply to a person who is within


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5 CFR Ch. I (1–1–02 Edition)§ 330.601

reach on a register for competitive ap-pointment to the position to be filled.

[34 FR 2649, Feb. 27, 1969]

Subpart F—Agency Career Transi-tion Assistance Plans (CTAP)for Local Surplus and Dis-placed Employees

AUTHORITY: Presidential memorandumdated September 12, 1995, entitled ‘‘CareerTransition Assistance for Federal Employ-ees’’.

SOURCE: 62 FR 31320, June 9, 1997, unlessotherwise noted.

§ 330.601 Purpose.(a) This subpart implements the

President’s memorandum of September12, 1995, to establish agency CareerTransition Assistance Plans for Fed-eral employees during a period of se-vere Federal downsizing. It is the pol-icy of the United States Government toprovide services to help surplus anddisplaced Federal employees takecharge of their own careers and findother job offers, either within the Fed-eral Government or in the private sec-tor.

(b) These regulations set forth min-imum criteria for agency Career Tran-sition Assistance Plans. Consistentwith the regulations, agencies maysupplement these provisions to expandcareer transition opportunities to theirsurplus and displaced workers at theirdiscretion.

(c) Sections 330.602(a)(2) and 330.604through 330.609 do not apply to the De-partment of Defense Priority Place-ment Program.

(d) New negotiated agreements andagreements which have expired sinceFebruary 29, 1996, the effective date ofthe interim regulations, will be subjectto the provisions set forth in this part.

§ 330.602 Agency plans.(a) Each agency will establish a Ca-

reer Transition Assistance Plan(CTAP) to actively assist its surplusand displaced employees. A copy of thefinal plan and any additional modifiedplans will be sent to OPM as approvedby the agency/department head or dep-uty or under secretary. An agency planwill include:

(1) Policies to provide career transi-tion services to all surplus and dis-placed agency employees affected bydownsizing or restructuring, includingemployees in the excepted service andthe Senior Executive Service, which in-clude the following:

(i) Types of career transition servicesto be provided by the agency;

(ii) Use of excused absence for em-ployees to use the services and facili-ties;

(iii) Access to services or facilitiesafter separation;

(iv) The requirement for a specificorientation session for surplus and dis-placed employees on the use of careertransition services and the eligibilityrequirements for selection priorityunder CTAP and ICTAP. The orienta-tion session must include informationon how to apply for vacancies underthe CTAP and ICTAP (if applicable);

(v) Retraining to be provided to em-ployees;

(vi) Access by employees, includingthose with disabilities, to services inheadquarters, field offices, and remotesite locations;

(vii) Access to resource informationon other forms of Federal, state, andlocal assistance which are available tosupport career transition for employeeswith disabilities;

(viii) Role of employee assistanceprograms in providing services; and

(ix) Designation of agency compo-nents, if the agency exercises its dis-cretion under § 330.606(d)(24).

(2) Policies to provide special selec-tion priority to well-qualified surplusand/or displaced agency employees, asdefined by § 330.604 (c) and (i), whoapply for agency vacancies in the localcommuting area, before selecting anyother candidate from either within oroutside the agency, and agency proce-dures for reviewing qualificationissues; and

(3) Operation of the agency’s Reem-ployment Priority List under subpartB of 5 CFR part 330.

(b) Each agency is responsible for as-suring that its Career Transition As-sistance Plan and the provisions ofthese subparts are uniformly and con-sistently applied to all employees.


205



§ 330.604 Definitions.For purposes of this subpart:(a) Agency means an Executive De-

partment, a Government corporation,and an independent establishment ascited in 5 U.S.C. 105. For the purposesof this program, the term ‘‘agency’’ in-cludes all components of an organiza-tion, including its Office of InspectorGeneral.

(b) Component means the first majorsubdivision of an agency, that is sepa-rately organized and clearly distin-guished from other components inwork function and operation.

(c) Displaced employee means:(1) A current career or career condi-

tional competitive service employee intenure group 1 or 2, at grade levels GS–15 or equivalent and below, who has re-ceived a specific reduction in force(RIF) separation notice or notice ofproposed removal for declining a di-rected reassignment or transfer offunction outside of the local com-muting area; or,

(2) A current Executive Branch agen-cy employee in the excepted service,serving on an appointment withouttime limit, at grade levels GS–15 orequivalent and below, who has beengiven noncompetitive appointment eli-gibility and selection priority by stat-ute for positions in the competitiveservice, and who is in receipt of a re-duction in force separation notice ornotice of proposed removal for declin-ing a transfer of function or directedreassignment outside of the local com-muting area.

(d) Eligible employee means a surplusor displaced employee who meets theconditions set forth in § 330.605(a).

(e) Local commuting area means thegeographic area that usually con-stitutes one area for employment pur-poses as determined by the agency. Itincludes any population center (or twoor more neighboring ones) and the sur-rounding localities in which people liveand can reasonably be expected to trav-el back and forth daily to their usualemployment.

(f) Reorganization means the plannedelimination or redistribution of workfunctions within an agency, normallyannounced in writing.

(g) Special selection priority meansthat, except as provided by § 330.606(d),surplus and/or displaced employees eli-gible under this subpart must be se-lected over any other candidate for va-cancies in the local commuting areafor which they apply and are foundwell-qualified.

(h) Suitability means determinationsbased on an individual’s character orconduct that may impact the effi-ciency of the service by jeopardizing anagency’s accomplishment of its dutiesor responsibilities, or by interferingwith or preventing effective service inthe competitive, excepted or SES posi-tion applied for or employed in, and de-terminations that there is a statutoryor regulatory bar to employment.

(i) Surplus employee means:(1) A current agency employee serv-

ing under an appointment in the com-petitive service, in tenure group 1 or 2,at grade levels GS–15 or equivalent andbelow, who has received a certificate ofexpected separation or other officialcertification issued by the agency indi-cating that the position is surplus, forexample, a notice of position abolish-ment, or a notice stating that the em-ployee is eligible for discontinued serv-ice retirement; or,

(2) A current Executive Branch agen-cy employee serving on an exceptedservice appointment without timelimit, at grade levels GS–15 or equiva-lent and below, who has been issued acertificate of expected separation orother official agency certification indi-cating that his or her position is sur-plus, for example, a notice of positionabolishment or a notice stating thatthe employee is eligible for discon-tinued service retirement, and who hasbeen conferred noncompetitive ap-pointment eligibility and special selec-tion priority by statute for positions inthe competitive service; and

(3) At an agency’s discretion, a cur-rent Executive Branch employee serv-ing on a Schedule A or B excepted ap-pointment without time limit, at gradelevels GS–15 or equivalent and below,and who is in receipt of a certificate ofexpected separation or other officialagency certification indicating that hisor her job is surplus, for example, a no-tice of position abolishment, or an offi-cial notice stating that the employee is


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5 CFR Ch. I (1–1–02 Edition)§ 330.605

eligible for discontinued service retire-ment; or an employee who has receiveda RIF notice of separation, or a noticeof proposed removal for declining atransfer of function or directed reas-signment outside of the local com-muting area. Such employee may exer-cise selection priority for permanentexcepted service positions within theagency’s local commuting area, pro-vided the position to which appointedhas the same appointing authority, i.e.,Schedule A or B, as the position fromwhich being separated.

(j) Vacancy means a competitiveservice position filled for a total of 121days or more, including all extensions,which the agency is filling, regardlessof whether the agency issues a specificvacancy announcement.

(k) Well-qualified employee means aneligible employee who possesses theknowledge, skills, and abilities whichclearly exceed the minimum qualifica-tion requirements for the position. Awell-qualified employee will not nec-essarily meet the agency’s definition of‘‘highly or best qualified,’’ when evalu-ated against other candidates whoapply for a particular vacancy, butmust satisfy the following criteria, asdetermined and consistently applied bythe agency:

(1) Meets the basic qualificationstandards and eligibility requirementsfor the position, including any medicalqualifications, suitability, and min-imum educational and experience re-quirements; and

(2) Satisfies one of the followingqualifications requirements:

(i) Meets all selective factors whereapplicable. Meets appropriate qualityrating factor levels as determined bythe agency. Selective and quality rank-ing factors cannot be so restrictivethat they run counter to the goal ofplacing displaced employees. In the ab-sence of selective and quality rankingfactors, selecting officials will docu-ment the job-related reason(s) the eli-gible employee is or is not consideredto be well qualified; or

(ii) Is rated by the agency to be aboveminimally qualified in accordance withthe agency’s specific rating and rank-ing process. Generally, this means thatthe individual may or may not meetthe agency’s test for ‘‘highly quali-

fied,’’ but would in fact, exceed theminimum qualifications for the posi-tion;

(3) Is physically qualified, with rea-sonable accommodation where appro-priate, to perform the essential dutiesof the position;

(4) Meets any special qualifying con-dition(s) that OPM has approved forthe position; and

(5) Is able to satisfactorily performthe duties of the position upon entry.

§ 330.605 Eligibility.

(a) To be eligible for the special se-lection priority, an individual mustmeet all of the following conditions:

(1) Is a surplus or displaced employee(still on the agency rolls) as defined in§ 330.604 (c) and (i);

(2) Has a current performance ratingof record of at least fully successful orequivalent;

(3) Applies for a vacancy that is at orbelow the grade level from which theemployee may be or is being separated,that does not have a greater promotionpotential than the position from whichthe employee may be or is being sepa-rated;

(4) Occupies a position in the samelocal commuting area of the vacancy;or, at the agency’s discretion, occupiesa position beyond the local commutingarea. An eligible agency applicant out-side of the local commuting area, how-ever, can only exercise selection pri-ority when there are no eligible surplusand displaced agency employees withinthe local commuting area who applyand are found well-qualified;

(5) Files an application for a specificvacancy within the time frames estab-lished by the agency, and providesproof of eligibility as required under§ 330.608(a)(2); and

(6) Is determined by the agency to bewell-qualified for the specific vacancy.

(b) Eligibility for special selection pri-ority begins on the date the agencyissues the employee a reduction inforce separation notice, certificate ofexpected separation, notice of proposedseparation for declining a directed re-assignment or transfer of function out-side of the local commuting area, orother official agency certification.

(c) Eligibility expires on the earliest of:


207


(1) The RIF separation date, the dateof the employee’s resignation, retire-ment, or separation from the agency(including separation under adverse ac-tion procedures for declining a directedreassignment or transfer of function orsimilar relocation to another localcommuting area).

(2) Cancellation of the RIF separa-tion notice, certificate of expected sep-aration, notice of proposed removal fordeclining a directed reassignment ortransfer of function outside of the com-muting area, or other official agencycertification identifying the employeeas surplus; or

(3) When an eligible employee re-ceives a career, career-conditional, orexcepted appointment without timelimit in any agency at any grade level;and

(4) Within an agency, and at theagency’s discretion, when an eligibleemployee declines a career, career con-ditional, or excepted appointment(without time limit), for which the em-ployee has applied and been rated well-qualified.

[62 FR 31320, June 9, 1997, as amended at 64FR 40509, July 27, 1999]

§ 330.606 Order of selection for fillingvacancies from within the agency.

(a) Except as provided in paragraph(d) of this section, when filling a va-cancy as defined in § 330.604(j), an agen-cy must select an employee eligibleunder § 330.605 of this subpart before se-lecting any other candidate from with-in or outside the agency, unless theagency can show that another em-ployee would otherwise be separated byreduction in force. In addition, agen-cies may not procure temporary helpservices under 5 CFR part 300, subpartE, in lieu of appointing a surplus ordisplaced Federal employee as requiredby subparts F and G of this chapter.

(b) Once the agency has met its obli-gation to select employees eligibleunder its CTAP, it is free to select anyother competitive service tenure group1 or 2 candidate from within its work-force, under appropriate procedures. Anagency may provide selection priorityto surplus and displaced agency em-ployees from another commuting areaafter it has discharged its obligation toeligible surplus and displaced agency

employees from within the local com-muting area.

(c) When an agency selects a can-didate from outside of its workforce,the agency is subject to the order of se-lection prescribed in § 330.705.

(d) The following are not coveredunder this subpart:

(1) Actions taken under 5 CFR part335, including reassignments, changesto lower grade, or promotions, when noemployees eligible under this subpartapply;

(2) Reemployment of a former agencyemployee exercising regulatory or stat-utory reemployment rights, includingthe reemployment of injured workerswho have either been restored to earn-ing capacity by the Office of Workers’Compensation Programs (OWCP), orwho have received a notice that theircompensation benefits will cease be-cause of recovery from the disablinginjury or illness;

(3) Position changes resulting fromdisciplinary actions;

(4) Temporary appointments of under121 days (including all extensions);

(5) Exchange of positions between oramong agency employees, when the ac-tions involve no increase in grade orpromotion potential, i.e., job swaps;

(6) Conversion of an employee of thesame agency who is serving on an ex-cepted appointment which confers eli-gibility for noncompetitive conversioninto the competitive service, e.g., con-version of a veterans’ readjustment ap-pointee to a career conditional ap-pointment under § 315.705;

(7) An action taken under part 351 ofthis chapter;

(8) Non-competitive placement of anemployee into a different position as aresult of a formal reorganization, whenthe former position ceases to exist, andno actual vacancy results;

(9) Assignments made under theIntergovernmental Personnel Act (IPA)as provided in part 334 of this chapter;

(10) The filling of a position throughan excepted appointment;

(11) Details;(12) Time-limited promotions of

under 121 days, including all exten-sions;

(13) Noncompetitive movement ofsurplus or displaced employees within


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5 CFR Ch. I (1–1–02 Edition)§ 330.607

the agency, and within the same localcommuting area;

(14) Movement of excepted serviceemployees within an agency;

(15) A placement under 5 U.S.C. 8337or 8451 to allow continued employmentof an employee who has become unableto provide useful and efficient servicein his or her current position becauseof a medical condition;

(16) A placement that is a ‘‘reason-able offer’’ as defined in 5 U.S.C. 8336(d)and 8414(b);

(17) Career ladder promotions or posi-tion changes resulting from reclassi-fication actions, e.g., accretion of du-ties, or application of new positionclassification standards;

(18) Recall of seasonal or intermit-tent employees from nonpay status;

(19) The internal placement of an in-jured or disabled worker whose agencyhas identified a position for which heor she can be reasonably accommo-dated;

(20) An action taken by the agencyhead or his designee pursuant to thesettlement of a formal complaint,grievance, appeal, or other litigation;

(21) An action taken to return an em-ployee to his or her original or similarposition during a supervisory proba-tionary period;

(22) The retention of individualswhose positions are brought into thecompetitive service under § 316.701 or§ 316.702 of this chapter and subsequentconversion, when applicable, under§ 315.701 of this chapter;

(23) The retention of an employee forwhom OPM has approved a rule 5.1 var-iation;

(24) At the agency’s discretion, theselection of an employee from within acomponent of an agency within thelocal commuting area, after all eligiblesurplus and displaced applicants ofthat component who are eligible underCTAP within the local commuting areahave been accorded selection priority;

(25) The reemployment of a formeragency employee who retired under aformal trial retirement and reemploy-ment program, and who seeks reem-ployment with that agency under theprogram’s provisions, and within theprogram’s applicable time limits;

(26) Extensions of temporary or termactions, up to the full period allowed,

provided that the original action, uponwhich the extension is based, was madeon or before February 29, 1996; or foractions initially made after February29, 1996, the original vacancy announce-ment must have specified that the posi-tion was open to CTAP candidates andthat if they were found well-qualified,would be afforded selection priority.The original announcement must havestated that an extension was possiblewithout further announcement;

(27) Noncompetitive movement ofemployees between agencies as a resultof interagency reorganization, inter-agency transfer of function, or inter-agency mass transfer; and

(28) The placement of a member ofthe Senior Executive Service under 5U.S.C. 3594.

(29) The voluntary transfer of em-ployees from one agency to anotherunder a Memorandum of Understandingor similar type of agreement when bothagencies and the affected employeesagree to the transfer.

(30) The reassignment of an employeewhose position description or otherwritten mobility agreement providesfor reassignments outside the com-muting area as part of a planned rota-tional program within the agency.


§ 330.607 Notification of surplus anddisplaced employees.

(a) In addition to meeting the re-quirements of § 330.602(a)(1)(iv), at thetime it issues a specific RIF separationnotice, certificate of expected separa-tion, or other official agency certifi-cation that identifies an employee asbeing likely to be separated by RIF, orby adverse action procedures for de-clining a directed reassignment ortransfer of function outside of the localcommuting area, an agency must giveeach of its eligible employees informa-tion in writing about the special selec-tion priority available to them underthe agency’s Career Transition Assist-ance Plan. Such information must con-tain guidance to the employee on howto apply for vacancies under the CTAP,and what documentation is generallyrequired as proof of eligibility.

(b) Agencies must take reasonablesteps to ensure eligible employees are


209


notified of all vacancies the agency isfilling in locations where there areCTAP eligibles, and what is requiredfor them to be determined well-quali-fied for the vacancies. Vacancy an-nouncements within an agency mustcontain information on how eligibleemployees within the agency canapply, what proof of eligibility is re-quired, and the agency’s definition of‘‘well-qualified’’. If there are no CTAPeligibles in a local commuting area,the agency may document this fact asan alternative to posting the vacancyunder the CTAP program.

(c) Each agency is required to advise,in writing, their surplus and displacedemployees who apply for specific va-cancies within its local commutingarea of the results of their application,and whether or not they were foundwell-qualified. If they are not foundwell-qualified, such notice must in-clude information on the results of anindependent, second review conductedby the agency. If an applicant is foundwell-qualified, and another well-quali-fied surplus or displaced candidate isselected, the applicant must be so ad-vised.

[62 FR 31320, June 9, 1997, as amended at 64FR 40509, July 27, 1999; 65 FR 47829, Aug. 4,2000]

§ 330.608 Application and selection.(a) Application.(1) To receive this special selection

priority, an eligible employee mustapply for a specific agency vacancy inthe same local commuting area as theposition the employee occupies withinthe prescribed time frames, attach theappropriate proof of eligibility as de-scribed in paragraph (a)(2) of this sec-tion, and be determined well-qualifiedby the agency for the specific vacancy.

(2) Employees may submit the fol-lowing as proof of eligibility for thespecial selection priority:

(i) RIF separation notice or notice ofproposed removal for declining a di-rected reassignment or transfer offunction outside the local commutingarea;

(ii) Certificate of expected separationor other official notice from the agencyindicating that the employee is surplusor eligible for discontinued service re-tirement; or

(iii) Other official agency certifi-cation identifying the employee asbeing in a surplus organization or occu-pation.

(b) Selection. An agency may decidethe specific order of selection of its eli-gible employees within the provisionsset forth in § 330.606(a) (e.g., the agencymay decide to select displaced employ-ees before surplus employees or mayselect surplus and/or displaced employ-ees from within a particular compo-nent of the agency before selecting sur-plus and/or displaced employees fromanother component of the agency).

(c) An agency cannot select anyother candidate from within or outsidethe agency if eligible employees areavailable for the vacancy or vacancies.

(d) If two or more eligible employeesapply for a vacancy and are determinedto be well-qualified, any of these eligi-ble employees may be selected.

(e) If no eligible employees apply ornone is deemed well-qualified, theagency may select another agency em-ployee without regard to this subpart.

§ 330.609 Qualification reviews.

Agencies will ensure that a docu-mented, independent second review isconducted whenever an otherwise eligi-ble employee is determined to be notwell-qualified. The applicant must beadvised in writing of the results of thesecond review.


§ 330.611 Oversight.

OPM provides advice and assistanceto agencies in implementing their Ca-reer Transition Assistance Programs.OPM is also responsible for oversight ofagency CTAPs and may conduct re-views of the plans at any time.

Subpart G—Interagency CareerTransition Assistance Plan forDisplaced Employees

AUTHORITY: Presidential memorandumdated September 12, 1995, entitled ‘‘CareerTransition Assistance for Federal Employ-ees’’.

SOURCE: 62 FR 31323, June 9, 1997, unlessotherwise noted.


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5 CFR Ch. I (1–1–02 Edition)§ 330.701

§ 330.701 Purpose.(a) This subpart implements the

President’s memorandum of September12, 1995, to establish a special inter-agency career transition assistanceprogram for Federal employees duringa period of severe Federal downsizing.

(b) This subpart is effective July 9,1997.

(c) The provisions of the Reemploy-ment Priority List (RPL) set forth insubpart B of this part will remain in ef-fect during the period of severe Federaldownsizing. When an agency considerscandidates from outside the agency forvacancies, registrants in an agency’sRPL have priority for selection overemployees eligible under this subpartin accordance with § 330.705.

(d) This subpart applies only whenagencies are making selections fromoutside their workforce, and does notprohibit movement within an agency,as permitted by subpart F of this part.


§ 330.703 Definitions.For the purposes of this subpart:(a) Agency has the meaning given in

§ 330.604(a).(b) Displaced employee means:(1) A current career or career-condi-

tional competitive service employee, intenure group 1 or 2, at grade levels GS–15 or equivalent and below, who has re-ceived a specific RIF separation notice,or a notice of proposed removal for de-clining a directed reassignment ortransfer of function outside of the localcommuting area;

(2) A former career or career-condi-tional competitive service employee, intenure group 1 or 2, at grade levels GS–15 or equivalent and below, who wasseparated through reduction in force,or removed for declining a directed re-assignment or transfer of function out-side of the local commuting area;

(3) A former career or career-condi-tional employee who was separated be-cause of a compensable injury or ill-ness as provided under the provisionsof subchapter I of chapter 81 of title 5,United States Code, whose compensa-tion has been terminated and whoseformer agency is unable to place theindividual as required by § 353.110(b) ofthis chapter;

(4) A former career or career-condi-tional competitive service employee, intenure group 1 or 2, who retired with adisability under sections 8337 or 8451 oftitle 5, United States Code, whose dis-ability annuity has been or is beingterminated;

(5) A former career or career-condi-tional competitive service employee, intenure group 1 or 2, at grades GS–15level or equivalent or below, who re-ceived a RIF separation notice, andwho retired on the effective date of thereduction in force or under the discon-tinued service retirement option;

(6) A former Military Reserve Tech-nician or National Guard Technicianwho is receiving a special disability re-tirement annuity from OPM under sec-tion 8337(h) or 8456 of title 5 UnitedStates Code, as described in subpart Hof this part;

(7) A current Executive Branch agen-cy employee in the excepted service,serving on an appointment withouttime limit, at grade levels GS–15 orequivalent and below, who has beengiven noncompetitive appointment eli-gibility and selection priority by stat-ute for positions in the competitiveservice, and who is in receipt of a re-duction in force separation notice ornotice of proposed removal for declin-ing a transfer of function or directedreassignment outside of the local com-muting area; or

(8) A former Executive Branch agen-cy employee in the excepted service,who served on an appointment withouttime limit, at grade levels GS–15 orequivalent and below, who has beengiven noncompetitive appointment eli-gibility and selection priority by stat-ute for positions in the competitiveservice, and who has been separatedthrough reduction in force or removedfor declining a transfer of function ordirected reassignment outside of thelocal commuting area.

(c) Eligible employee means a displacedemployee who meets the conditions setforth in § 330.704(a).

(d) Local commuting area has themeaning given in § 330.604(e).

(e) Special selection priority has themeaning given in § 330.604(g).

(f) Vacancy has the meaning given in§ 330.604(j).


211


(g) Well-qualified employee has themeaning given in § 330.604(k).


§ 330.704 Eligibility.(a) To be eligible for the special se-

lection priority, an individual mustmeet all of the following conditions:

(1) Is a displaced employee as definedin § 330.703(b);

(2) Has a current (or a last) perform-ance rating of record of at least fullysuccessful or equivalent (except forthose eligible under § 330.703(b)(3),(b)(4), and (b)(6);

(3) Applies for a vacancy at or belowthe grade level from which the em-ployee has been or is being separated,that does not have a greater promotionpotential than the position from whichthe employee has been or is being sepa-rated;

(4) Occupies, or was displaced from aposition in the same local commutingarea of the vacancy;

(5) Files an application for a specificvacancy within the time frames estab-lished by the agency, and providesproof of eligibility required under§ 330.708(a)(2); and

(6) Is determined by the agency to bewell-qualified for the specific position.

(b) Eligibility for special selection pri-ority begins:

(1) On the date the agency issues theRIF separation notice;

(2) On the date an agency certifiesthat it cannot place an employee eligi-ble under § 330.703(b)(3);

(3) On the date an employee eligibleunder § 330.703(b)(4) is notified that hisor her disability annuity has been or isbeing terminated;

(4) On the date the agency issues aformal notice of proposed separation toan employee for declining a transfer offunction or directed reassignment out-side the local commuting area; or

(5) On the date the National GuardBureau or Military Department cer-tifies that an employee under§ 330.703(b)(6) has retired under 5 U.S.C.8337(h) or 8456.

(c) Eligibility expires:(1) 1 year after separation, except for

those employees separated on or afterSeptember 12, 1995, and prior to Feb-

ruary 29, 1996. For these employees, eli-gibility expired February 28, 1997;

(2) 1 year after an agency certifiesthat an individual under § 330.703(b)(3)cannot be placed;

(3) 1 year after an individual under§ 330.703(b)(4) receives notification thathis/her disability annuity has been orwill be terminated;

(4) When the employee receives a ca-reer, career-conditional, or exceptedappointment without time limit in anyagency at any grade level;

(5) When the employee no longermeets the eligibility requirements setforth in paragraph (a) of this section(e.g., the employee is no longer beingseparated by RIF, or under adverse ac-tion procedures for declining a transferof function or directed reassignmentoutside the local commuting area, orseparates by resignation or non-discon-tinued service retirement prior to theRIF effective date); or

(6) At an agency’s discretion, whenan eligible employee declines a career,career conditional, or excepted ap-pointment (without time limit), forwhich the employee has applied andbeen rated well-qualified; or upon thefailure of the applicant to respondwithin a reasonable period of time toan offer or official inquiry of avail-ability.

(7) Two years after separation, forthose employees eligible under§ 330.407(b).

[62 FR 31323, June 9, 1997, as amended at 65FR 52642, Aug. 30, 2000]

§ 330.705 Order of selection in fillingvacancies from outside the agency’sworkforce.

(a) Except as provided in paragraph(c) of this section, when filling a va-cancy from outside the agency’s work-force an agency must select:

(1) Current or former agency employ-ees eligible under the agency’s Reem-ployment Priority List described insubpart B of this part, then;

(2) At the agency’s option, any otherformer employee displaced from theagency (under appropriate selectionprocedures), then;

(3) Any of the following three condi-tions:


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5 CFR Ch. I (1–1–02 Edition)§ 330.705

(i) Current or former Federal employ-ees displaced from other agenciesunder this subpart;

(ii) Current or former employees dis-placed from the District of ColumbiaDepartment of Corrections eligibleunder subpart K of this part, or

(iii) Displaced Panama Canal Zoneemployees eligible under subpart L ofthis part.

(4) Any other candidate (under appro-priate selection procedures) (optional).

(b) The following actions are subjectto the above order of selection and arecovered under this subpart:

(1) Competitive appointments (e.g.,from registers or delegated examining);

(2) Noncompetitive appointments tothe competitive service (e.g., the typeslisted in part 315, subpart F of thischapter, as well as Outstanding Schol-ar and Bilingual/Bicultural appoint-ments made under the authority of theLuevano consent decree);

(3) Movement between agencies (e.g.,transfer), except as provided for inparagraph (c)(8) of this section or part351 of this chapter;

(4) Reinstatements (except as pro-vided for in paragraph (a)(2) of this sec-tion); and

(5) Time-limited competitive ap-pointments of 121 days or more, includ-ing all extensions, except as providedin (c)(11) of this section.

(c) The following actions are not cov-ered under this subpart:

(1) Selections from an agency’s inter-nal Career Transition Assistance Planor Reemployment Priority List as de-scribed in subparts F and B of this partrespectively or any other internalagency movement of current agencyemployees;

(2) Appointments of 10 point veteranpreference eligibles (CP, CPS, and XP),if reached through an appropriate ap-pointing authority;

(3) Reemployment of former agencyemployees who have regulatory or stat-utory reemployment rights, includingthe reemployment of injured workerswho have either been restored to earn-ing capacity by the Office of Workers’Compensation Programs (OWCP), orwho have received a notice that theircompensation benefits will cease be-cause of recovery from the disablinginjury or illness;

(4) Temporary appointments of under121 days (including all extensions);

(5) An action taken under part 351 ofthis chapter;

(6) The filling of a position by an ex-cepted appointment;

(7) Conversion of an employee of thesame agency who is serving on an ex-cepted appointment that confers eligi-bility for noncompetitive appointmentinto the competitive service, e.g., con-version of a veterans’ readjustment ap-pointee to a career conditional ap-pointment under § 315.705 of this chap-ter;

(8) Noncompetitive movement of em-ployees between agencies as a result ofinteragency reorganization, inter-agency transfer of function, or inter-agency mass transfer;

(9) The reemployment of a formeragency employee who retired under aformal trial retirement and reemploy-ment program, and who seeks reem-ployment with that agency under theprogram’s provisions, and within theprogram’s applicable time limits;

(10) An action taken by the agencyhead or his or her designee pursuant tothe settlement of a formal complaint,grievance, appeal, or other litigation;

(11) Extensions of temporary or termactions, up to the full period allowed,provided that the original action, uponwhich the extension is based, was madeon or before February 29, 1996 (the ef-fective date of the interim regula-tions); or for actions initially madeafter February 29, 1996, the original va-cancy announcement must have speci-fied that the position was open toICTAP candidates, and that if theywere found well-qualified, would be af-forded selection priority. The originalannouncement must have stated thatan extension was possible without fur-ther announcement. This exception in-cludes extensions granted by OPM tothe 2 or 4 year limit allowed for tem-porary and term appointments, respec-tively;

(12) The reappointment of former em-ployees with their agency into hard-to-fill positions, the duties of which re-quire unique skills and experience nec-essary to conduct a formal skills-basedtraining program for the agency;

(13) The retention of individualswhose positions are brought into the


213


competitive service under § 316.701 or§ 316.702 of this chapter and subsequentconversion, when applicable, under§ 315.701 of this chapter;

(14) The retention of an employee forwhom OPM has approved a rule 5.1 var-iation;

(15) The placement of a member ofthe Senior Executive Service under 5U.S.C. 3594; and

(16) Assignments made under theIntergovernmental Personnel Act (IPA)as provided in part 334 of this chapter.

(17) Interagency details;(18) Exchange of employees between

agencies to avoid involuntary separa-tions, under plans approved by OPM(i.e., interagency job swaps); and

(19) Transfer or reinstatement of anindividual who meets the eligibility re-quirements of § 330.704 to a positionhaving promotion potential no greaterthan the potential of a position the in-dividual currently holds or previouslyheld on a permanent basis in the com-petitive service and did not lose be-cause of performance or conduct rea-sons.

(20) The voluntary transfer of em-ployees from one agency to anotherunder a Memorandum of Understandingor similar type of agreement when bothagencies and the affected employeesagree to the transfer.

[62 FR 31323, June 9, 1997, as amended at 64FR 40509, July 27, 1999; 65 FR 47830, Aug. 4,2000]

§ 330.706 Notification of displaced em-ployees.

(a) In addition to meeting the re-quirements of § 330.602(a)(1)(iv) and§ 330.607(a), at the time it issues a spe-cific RIF separation notice or notice ofproposed removal for declining a di-rected reassignment or transfer offunction outside of the local com-muting area, an agency must give eachof its eligible employees information inwriting about the special selection pri-ority available to them under theInteragency Career Transition Assist-ance Plan. Such information must con-tain guidance to the employee on howto apply for vacancies under theICTAP, and what documentation isgenerally required as proof of eligi-bility.

(b) Agencies must take reasonablesteps to ensure eligible employees arenotified of all vacancies the agency isfilling and what is required for them tobe determined well-qualified for the va-cancies.

(c) Each agency is required to advise,in writing, ICTAP candidates whoapply for specific vacancies within itslocal commuting area of the results oftheir application, and whether or notthey were found well-qualified. If theyare not found well-qualified, such no-tice must include information on theresults of an independent, second re-view conducted by the agency. If an ap-plicant is found well-qualified, and an-other well-qualified surplus or dis-placed candidate is selected, the appli-cant must be so advised.

§ 330.707 Reporting vacancies to OPM.(a) Agencies are required to report all

competitive service vacancies to OPMwhen accepting applications from out-side the agency (including applicationsfor temporary positions lasting 121 ormore days), except when they elect tofill a position by the transfer or reas-signment of an ICTAP eligible from an-other agency.

(b) Content. Notice to OPM of job an-nouncements must include the positiontitle, location, pay plan and grade (orpay rate) of the vacant position; appli-cation deadline; and other informationspecified by OPM. In addition, for allpositions reported, agencies are re-quired to provide OPM with an elec-tronic file of the complete vacancy an-nouncement or recruiting bulletin,which must contain:

(1) Title, series, pay plan, and grade(or pay rate);

(2) Duty location;(3) Open and closing dates, plus any

other information dealing with how ap-plication receipt will be controlled,such as the use of early cut-off dates;

(4) Name of issuing agency and an-nouncement number;

(5) Qualification requirements, in-cluding knowledges, skills, and abili-ties;

(6) Entrance pay;(7) Brief description of duties;(8) Basis of rating;(9) What to file;(10) Instructions on how to apply;


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5 CFR Ch. I (1–1–02 Edition)§ 330.708

(11) Information on how to claim vet-erans’ preference, if applicable;

(12) The agency’s definition of well-qualified and information on howCTAP and/or ICTAP candidates mayapply, including proof of eligibility re-quired; and

(13) Equal employment opportunitystatement.

EFFECTIVE DATE NOTE: At 66 FR 63906, Dec.11, 2001, in § 330.707, (b)(14) was added, effec-tive Jan. 10, 2002. For the convenience of theuser, the added text is set forth as follows:

§ 330.707 Reporting vacancies to OPM.

* * * * *

(b) * * *(14) Reasonable accommodation statement.(i) An agency may use wording of its

choice that conveys the availability of rea-sonable accommodation. An agency must notlist types of medical conditions or impair-ments as appropriate for accommodation,and must keep the wording simple.

(ii) We recommend using the followingstatement:

‘‘This agency provides reasonable accom-modation to applicants with disabilitieswhere appropriate. If you need a reasonableaccommodation for any part of the applica-tion and hiring process, please notify theagency. Determinations on requests for rea-sonable accommodation will be made on acase-by-case basis.’’

§ 330.708 Application and selection.

(a) Application.(1) To receive this special selection

priority, eligible employees must applydirectly to agencies for specific vacan-cies in the local commuting area with-in the prescribed time frames, attachthe appropriate proof of eligibility asdescribed in paragraph (a)(2) of thissection, and be determined well-quali-fied by the agency for the specific posi-tion.

(2) Employees may submit the fol-lowing as proof of eligibility for thespecial selection priority:

(i) RIF separation notice, or notice ofproposed removal for declining a di-rected reassignment or transfer offunction to another commuting area;

(ii) Documentation, e.g., SF–50, Noti-fication of Personnel Action, showingthat they were separated as a result ofreduction in force, or for declining a

transfer of function or directed reas-signment to another commuting area;

(iii) Official certification from anagency stating that it cannot place anindividual whose injury compensationhas been or is being terminated;

(iv) Official notification from OPMthat an individual’s disability annuityhas been or is being terminated; or

(v) Official notification from theMilitary Department or NationalGuard Bureau that the employee hasretired under 5 U.S.C. 8337(h) or 8456.

(b) Selection. In making selections,an agency will adhere to the overallorder of selection set forth in § 330.705.In addition, the following apply:

(1) An agency cannot select anothercandidate from outside the agency ifeligible employees are available for thevacancy or vacancies.

(2) If two or more eligible employeesapply for a vacancy and are determinedto be well-qualified, any of these eligi-ble employees may be selected.

(3) If no eligible employees apply ornone is deemed well-qualified, theagency may select another candidatewithout regard to this subpart. (Thisflexibility does not apply to selectionsmade from the agency’s ReemploymentPriority List as described in subpart Bof this part.)

(c) An agency may select a candidatefrom its Career Transition AssistancePlan or Reemployment Priority List,as described in subparts F and B of thispart respectively, or another currentagency employee (if no eligible employ-ees are available through its CTAP) atany time.

§ 330.709 Qualification reviews.Agencies will ensure that a docu-

mented, independent second review isconducted whenever an otherwise eligi-ble employee is found to be not well-qualified. The applicant must be ad-vised in writing of the results of thesecond review.


§ 330.711 Oversight.OPM is responsible for oversight of

the Interagency Career Transition As-sistance Plan for Displaced Employeesand may conduct reviews of agency ac-tivity at any time.


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Subpart H–I [Reserved]

Subpart J—Prohibited Practices

§ 330.1001 Withdrawal from competi-tion.

An applicant for competitive exam-ination, an eligible on a register, andan officer or employee in the executivebranch of the Government shall notpersuade, induce, or coerce, or attemptto persuade, induce, or coerce, directlyor indirectly, a prospective applicantto withhold filing application, or an ap-plicant or eligible to withdraw fromcompetition or eligibility, for a posi-tion in the competitive service, for thepurpose of improving or injuring theprospects of an applicant or eligible forappointment. OPM shall cancel the ap-plication or eligibility of an applicantor eligible who violates this section,and shall impose such other penalty asit considers appropriate.

[33 FR 12425, Sept. 4, 1968. Redesignated at 60FR 67282, Dec. 29, 1995; 61 FR 691, Jan. 10,1996]

Subpart K—Federal EmploymentPriority Consideration Programfor Displaced Employees ofthe District of Columbia De-partment of Corrections


§ 330.1101 Purpose.A displaced employee of the District

of Columbia (DC) Department of Cor-rections (DOC) who is separated fromhis/her position as a result of the clo-sure of the Lorton Correctional Com-plex, and who has not been appointedto a permanent Federal Bureau of Pris-ons law enforcement position, is enti-tled to priority consideration for otherFederal vacancies when he/she appliesand is found qualified.

[66 FR 6428, Jan. 22, 2001]

§ 330.1102 Duration.This program terminates 1 year after

the closing of the Lorton CorrectionalComplex.

[66 FR 6429, Jan. 22, 2001]

§ 330.1103 Definitions.

For purposes of this subpart:(a) Displaced employee means a cur-

rent or former employee of the Districtof Columbia Department of Correctionswho has received a specific reductionin force (RIF) separation notice as a re-sult of the closure of the Lorton Cor-rectional Complex.

(b) Vacancy means any competitiveservice position, including non-law en-forcement positions in the Federal Bu-reau of Prisons, to be filled for a totalof 121 days or more, including all ex-tensions, regardless of whether theagency issues a specific vacancy an-nouncement. This program does notapply to law enforcement positionscovered by the Federal Bureau of Pris-ons Priority Consideration Program.

(c) Priority consideration means that adisplaced DC DOC employee eligibleunder this subpart who applies for a va-cancy and is determined to be quali-fied, is accorded similar priority andorder of selection as an eligible currentor former displaced Federal employeeunder 5 CFR part 330, subpart G—Inter-agency Career Transition Assistancefor Displaced Employees. Actionswhich are exempt from the require-ments of 5 CFR part 330 subpart G willalso be exempt from the requirementsof this subpart. Agencies must followthe order of selection in § 330.705(a) infilling vacancies in the Federal Gov-ernment with candidates from outsidetheir own workforce. DC DOC employ-ees are eligible for this priority consid-eration without regard to any geo-graphical restrictions.

(d) Qualified means an eligible em-ployee who:

(1) Possesses the knowledge, skills,and abilities which meet the basicqualification standards and eligibilityrequirements for the position, includ-ing any medical qualifications, suit-ability, citizenship, minimum edu-cational and experience requirements,and any applicable selective factors;


(3) Meets any special qualifying con-dition(s) that OPM has approved forthe position; and


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5 CFR Ch. I (1–1–02 Edition)§ 330.1104

(4) Is able to satisfactorily performthe duties of the position upon entry.

[63 FR 41387, Aug. 4, 1998, as amended at 66FR 6429, Jan. 22, 2001]

§ 330.1104 Eligibility.

(a) To be eligible for priority consid-eration, an employee of the DC DOCmust:

(1) Be in receipt of a RIF separationnotice, or a similar notice of non-dis-ciplinary termination from the Man-agement Supervisory Service, issued bythe DC Department of Corrections inconnection with the closure of theLorton Correctional Complex.

(2) Have not been appointed to a per-manent Federal Bureau of Prisons lawenforcement position;

(3) Apply for a vacancy within thetime frames established by the agency,and include proof of eligibility;

(4) Be found qualified for the specificvacancy.

(b) Eligibility for priority considerationbegins: on the date the DC DOC em-ployee receives or is issued a specificRIF separation notice, or a similar no-tice of non-disciplinary terminationfrom the Management SupervisoryService (MSS), issued by the DC DOCdue to the closure of the Lorton Cor-rectional Complex.

(c) Eligibility expires:(1) One year after the closing of the

Lorton Correctional Complex;(2) When the DC DOC employee is no

longer being separated by RIF, or bysimilar non-disciplinary terminationfrom the Management SupervisoryService, due to the closure of theLorton Correctional Complex;

(3) When the DC DOC employee re-ceives a career, career-conditional, orexcepted appointment without timelimit in any Federal agency at anygrade level;

(4) When the DC DOC employee vol-untarily separates by resignation or re-tirement prior to the RIF effectivedate or the non-disciplinary MSS ter-mination date;

(5) When the DC DOC employee isseparated by a non-RIF involuntaryseparation or disciplinary or otherMSS termination not related to theclosure of the Lorton correctional com-plex; or

(6) Eligibility within a specific agen-cy may terminate if the employee:

(i) Declines a permanent appoint-ment offered by the agency (whethercompetitive or excepted) when the em-ployee applied and was found qualified;or

(ii) Fails to respond within a reason-able period of time to an offer or offi-cial inquiry of availability from theagency.

[63 FR 41387, Aug. 4, 1998, as amended at 66FR 6429, Jan. 22, 2001]

§ 330.1105 Selection.(a) If two or more individuals eligible

for priority under subpart G of thispart (the Interagency Career Transi-tion Assistance Plan), under subpart Kof this part (Federal Employment Pri-ority Consideration for Displaced Em-ployees of the District of Columbia De-partment of Corrections), and/or undersubpart L of this part (Interagency Ca-reer Transition Assistance for Dis-placed Former Panama Canal ZoneEmployees) apply for a vacancy and areeligible for priority, the agency has thediscretion to select any of the individ-uals.

(b) Agencies will conduct a docu-mented, independent second reviewwhenever an otherwise eligible em-ployee fails to meet the ‘‘qualified’’ re-quirement. The applicant must be ad-vised in writing of the results of thesecond review.

[66 FR 6429, Jan. 22, 2001]

§ 330.1106 Appointment.(a)(1) Selectees under this subpart re-

ceive noncompetitive appointments tothe competitive service under the au-thority of Public Law 105–274, enactedOctober 21, 1998.

(2) Agencies must retroactively andnoncompetitively convert or correctany excepted appointments made undersection 11203(b) of Public Law 105–33 tocompetitive service appointmentsunder Public Law 105–274. For employ-ees appointed before October 21, 1998,the conversion will be effective on Oc-tober 21, 1998. For employees appointedon or after October 21, 1998, agenciesmust correct the record to reflect com-petitive service appointment as of theoriginal appointment date.


217


(b) Eligibility for appointment underthis subpart expires 1 year after theclosing of the Lorton CorrectionalComplex.

[66 FR 6429, Jan. 22, 2001]

Subpart L—Interagency CareerTransition Assistance for Dis-placed Former PanamaCanal Zone Employees


§ 330.1201 Purpose.This subpart implements Section 1232

of Public Law 96–70 (the Panama CanalAct of 1979) and provides eligible dis-placed employees of the former Pan-ama Canal Zone with interagency spe-cial selection priority for continuingFederal vacant positions in the conti-nental United States.

§ 330.1202 Definitions.For purposes of this subpart:(a) Agency means an Executive De-

partment, a Government corporation,and an independent establishment ascited in 5 U.S.C. 105. For the purposesof this program, the term ‘‘agency’’ in-cludes all components of an organiza-tion, including its Office of InspectorGeneral.

(b) Canal Zone is the definition setforth in 22 U.S.C. 3602(b)(1), and meansthe areas and installations in the Re-public of Panama made available tothe United States pursuant to the Pan-ama Canal Treaty of 1977 and relatedagreements;

(c) Eligible displaced employee of theformer Panama Canal Zone means a cit-izen of the United States who:

(1) Held a position in the PanamaCanal Employment System that is inretention tenure group 1 or 2, as de-fined in § 351.501(a) of this chapter;

(2)(i) Was an employee of the PanamaCanal Company or the Canal Zone Gov-ernment on March 31, 1979, and wascontinuously employed in the formerPanama Canal Zone under the PanamaCanal Employment System; or

(ii) Was continuously employed sinceMarch 31, 1979, in the former PanamaCanal Zone under the Panama CanalEmployment System as an employee of

an executive agency, or as an employeeof the Smithsonian Institution;

(3) Held a position that was elimi-nated as the result of the implementa-tion of the Panama Canal Treaty of1977 and related agreements;

(4) Was not appointed to another ap-propriate Federal position located inthe Republic of Panama; and

(5) Received a specific notice of sepa-ration by reduction in force, and meetsthe additional eligibility criteria cov-ered in § 330.1203.

(d) Special selection priority meansthat an eligible displaced employee ofthe former Panama Canal Zone who ap-plies for a competitive service vacancy,and who the hiring agency in the conti-nental United States determines iswell-qualified, has the same special se-lection priority as a current or formerdisplaced Federal employee who is eli-gible under 5 CFR part 330, subpart G(the Interagency Career Transition As-sistance Plan), or under 5 CFR part 330,subpart K (Federal Employment Pri-ority Consideration for Displaced Em-ployees of the District of Columbia De-partment of Corrections). Eligible dis-placed employees of the former Pan-ama Canal Zone have special selectionpriority under this subpart to positionsthroughout the continental UnitedStates.

(e) Vacancy means a competitiveservice position to be filled for a totalof 121 days or more, including all ex-tensions, which the agency is filling,regardless of whether the agency issuesa specific vacancy announcement.

(f) Well-qualified employee means aneligible displaced former employee ofthe Panama Canal Zone who possessesthe knowledge, skills, and abilitiesthat clearly exceed the minimum qual-ification requirements for the position.A well-qualified employee will not nec-essarily meet the agency’s definition ofhighly or best qualified, when evaluatedagainst other candidates who apply fora particular vacancy, but must satisfythe following criteria, as determinedand consistently applied by the agency:

(1) Meets the basic qualificationstandards and eligibility requirementsfor the position, including any medicalqualifications, suitability, and min-imum educational and experience re-quirements;


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5 CFR Ch. I (1–1–02 Edition)§ 330.1203

(2) Satisfies one of the followingqualifications requirements:

(i) Meets all selective factors whereapplicable. Meets appropriate qualityrating factor levels as determined bythe agency. Selective and quality rank-ing factors cannot be so restrictivethat they run counter to the goal ofplacing displaced employees. In the ab-sence of selective and quality rankingfactors, selecting officials will docu-ment the job-related reason(s) the eli-gible employee is or is not consideredto be well-qualified; or

(ii) Is rated by the agency to be aboveminimally qualified in accordance withthe agency’s specific rating and rank-ing process. Generally, this means thatthe individual may or may not meetthe agency’s test for highly qualified,but would in fact, exceed the minimumqualifications for the position;


(4) Meets any special qualifying con-dition(s) that OPM has approved forthe position;

(5) Is able to satisfactorily performthe duties of the position upon entry;and

(6) Has a last performance rating ofat least ‘‘Fully Successful’’ or equiva-lent.

§ 330.1203 Eligibility.(a) In order to be eligible for special

selection priority, an eligible displacedemployee of the former Panama CanalZone must:

(1) Have received a specific notice ofseparation by reduction in force;

(2) Have not been appointed to an-other appropriate position in the Gov-ernment of the United States in Pan-ama;

(3) Apply for a vacancy within thetime frames established by the hiringagency; and

(4) Be found by the hiring agency aswell-qualified for that specific vacancy.

(b) Eligibility for special selectionpriority as an eligible displaced em-ployee of the former Panama CanalZone begins on the date that the em-

ployee received a specific notice of sep-aration by reduction in force.

(c) Eligibility for special selectionpriority as an eligible displaced em-ployee of the former Panama CanalZone expires on the earliest of:

(1) One year after the effective dateof the reduction in force;

(2) The date that the employee re-ceives a career, career-conditional, orexcepted appointment without timelimit in any agency at any grade level;or

(3) The date that the employee is sep-arated involuntarily for cause prior tothe effective date of the reduction inforce action.

§ 330.1204. Selection.

(a) If two or more individuals applyfor a vacancy and the hiring agency de-termines the individuals to be well-qualified, the agency has the discretionto select any of the individuals eligiblefor priority under subpart G of thispart (the Interagency Career Transi-tion Assistance Plan), under subpart Kof this part (Federal Employment Pri-ority Consideration for Displaced em-ployees of the District of Columbia De-partment of Corrections), or under sub-part L of this part (Interagency CareerTransition Assistance for DisplacedFormer Panama Canal Zone Employ-ees).

(b) Except as provided in § 330.705(c),when filling a position from outside theagency’s workforce, the agency mustselect:

(1) Current or former agency employ-ees eligible under the agency’s Reem-ployment Priority List described insubpart B of this part; then

(2) At the agency’s option, any otherformer employee displaced from theagency (under appropriate selectionprocedures, then:

(3) Current or former Federal em-ployees displaced from other agencieswho are eligible under subparts G, K,or L of this part, and then:

(4) Any other candidate (under appro-priate selection procedures) (optional).


Documents

Office of Personnel Management Pt. 330 - GPO · Office of Personnel Management Pt. 330 ... 3 CFR 1954–58 Comp., p. 218; §330.102 also issued under 5 U.S.C. 3327; ... Office of