95-31382. Career Transition Assistance for Surplus and Displaced Federal Employees  

  • [Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
    [Rules and Regulations]
    [Pages 67281-67286]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-31382]
    
    
    
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    Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / 
    Rules and Regulations
    
    [[Page 67281]]
    
    
    OFFICE OF PERSONNEL MANAGEMENT
    
    5 CFR Part 330
    
    RIN 3206-AH26
    
    
    Career Transition Assistance for Surplus and Displaced Federal 
    Employees
    
    AGENCY: Office of Personnel Management.
    
    ACTION: Interim rule with request for comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Office of Personnel Management is issuing interim 
    regulations to implement the President's memorandum of September 12, 
    1995, that requires Federal agencies to develop career transition 
    assistance programs to help their employees affected by downsizing 
    obtain other employment. The regulations require agencies to provide 
    transition assistance services and give hiring priority to surplus and 
    displaced employees.
    
    DATES: Interim regulations are effective on December 29, 1995. Agencies 
    will draft and effect their Agency Career Transition Assistance Plan, 
    including provisions to give selection priority to their surplus and 
    displaced employees, as soon as possible, but no later than February 
    29, 1996, unless an extension is requested and approved by OPM. A new 
    program providing selection priority for displaced employees on an 
    interagency basis--the Interagency Career Transition Assistance Plan--
    will go into effect on February 29, 1996, at which time the operation 
    of the current OPM Interagency Placement Program will be suspended. 
    These special plans will operate through September 30, 1999, unless 
    further extended because of severe downsizing. Written comments will be 
    considered if received no later than February 27, 1996.
    
    ADDRESSES: Send or deliver written comments to Leonard R. Klein, 
    Associate Director for Employment, Office of Personnel Management, Room 
    6F08, 1900 E Street NW., Washington, DC 20415-0001.
    
    FOR FURTHER INFORMATION CONTACT:
    Diane Bohling or Ed McHugh, 202-606-0960, FAX 202-606-2329.
    
    SUPPLEMENTARY INFORMATION: On September 12, 1995, the President issued 
    a memorandum entitled ``Career Transition Assistance for Federal 
    Employees'' that directs Federal agencies to establish career 
    transition assistance programs to help their surplus and displaced 
    workers find other jobs as the Federal Government undergoes downsizing 
    and restructuring. As set forth in the memorandum, such programs are to 
    be developed in partnership with labor and management, and follow 
    guidance and regulations provided by the Office of Personnel Management 
    (OPM).
        OPM is issuing the following regulations which were developed in 
    cooperation with representatives from the Interagency Advisory Group 
    and employee unions. These regulations provide the framework for 
    implementing the President's directive.
        The goal of the Presidential directive is to maximize employment 
    opportunities for displaced workers, both within and outside the 
    Federal Government. Under these regulations, Federal agencies are 
    required to draft and effect Agency Career Transition Assistance Plans 
    as soon as possible, but no later than February 29, 1996 (unless an 
    extension is requested and approved by OPM) to provide career 
    transition services to their surplus and displaced employees, and give 
    special selection priority to these workers. These regulations set 
    minimum standards for these plans, which can be supplemented at the 
    agency's discretion.
        Agency plans will have three components: (1) Policies to provide 
    their surplus and displaced employees with career transition services 
    such as skills assessment, resume preparation, counselling and job 
    search assistance; (2) policies and procedures for selecting their own 
    well-qualified surplus or displaced agency employees who apply for 
    agency vacancies in the local commuting area, before any other 
    candidate from within or outside the agency; and (3) operation of the 
    agency's Reemployment Priority List (RPL) under subpart B of 5 CFR 330. 
    These plans will operate through September 30, 1999, unless further 
    extended because of severe downsizing. Because the Department of 
    Defense already has an effective program in operation to provide 
    selection priority to surplus and displaced employees within the 
    Department--the Priority Placement Program--the requirement described 
    in 2 above does not apply to the Department of Defense. The Department 
    of Defense is subject to the other elements of these regulations, and 
    the Reemployment Priority List under Subpart B of 5 CFR 330, and its 
    employees are eligible for the benefits provided by these programs.
        Traditionally, the Federal Government has relied on referrals from 
    centralized inventories as the mechanism to place surplus and displaced 
    workers in jobs in other agencies. Although the program currently used 
    to do this, the OPM Interagency Placement Program, is automated and 
    provides quick and efficient referrals, it has placed very few workers. 
    An OPM review of the system shows that candidates frequently decline 
    job offers that come through the referral process or simply do not 
    respond to job availability inquiries even though they had previously 
    registered for such assistance. Many other displaced workers simply 
    fail to register for the program.
        Because of the severe downsizing expected over the next few years, 
    the Presidential memorandum and these implementing regulations take a 
    new approach to helping surplus and displaced workers find other jobs--
    individual employee empowerment. Workers affected by downsizing are 
    given the tools and resources to seek out other Federal employment and 
    the right to be hired when they apply and are well-qualified. Many 
    experts have suggested that the key to successful career transition is 
    individual initiative. If individual workers have the power to find, 
    apply, and exercise selection priority for specific vacancies in which 
    they themselves are interested, it is believed that this would motivate 
    and reinforce an employee's self interest in finding other employment. 
    The skills, resources, and initiative that employees develop in this 
    process can be used equally to find Federal vacancies or jobs in the 
    private sector. This latter aspect is particularly important since 
    Federal 
    
    [[Page 67282]]
    hiring is expected to be very limited in the foreseeable future.
        During the expected period of severe downsizing, these regulations 
    may restrict the flexibility that agencies have to hire candidates. 
    Current statutory requirements, which include providing hiring 
    preference to veterans, are not affected by these regulations. The 
    regulations also do not affect existing collective bargaining 
    agreements. The parties to such agreements, however, are free to 
    renegotiate those provisions that may be affected. When current 
    agreements expire, new agreements must adhere to these regulations. 
    With the switch to the individual employee empowerment concept 
    contained in these regulations, the Interagency Placement Program (IPP) 
    is being suspended. Employees who are enrolled in the IPP at the time 
    of its suspension (February 29, 1996) will be eligible for the 
    Interagency Career Transition Assistance Plan (ICTAP), and will be 
    notified of their rights and benefits under the new program. The new 
    regulations also provide ICTAP eligibility to several other categories 
    of employees who were formerly eligible for the Interagency Placement 
    Program including employees separated because of a compensable injury 
    whose compensation is subsequently terminated, disability retirees 
    whose disability annuity has been terminated, certain Military Reserve 
    and National Guard technicians who become eligible for a special 
    disability annuity, and employees who were separated because they 
    declined a transfer of function or directed reassignment to another 
    commuting area. As a result, former subparts G and H which provided 
    placement eligibility for these special categories of employees have 
    been merged into the revised subpart G which is set forth in these 
    regulations.
        OPM will monitor Agency and Interagency Career Transition 
    Assistance Plans, and will prepare periodic progress reports. OPM will 
    make every effort to obtain data from agencies through the existing 
    Central Personnel Data File. To assist agencies and employees in 
    implementing Career Transition Assistance Plans, OPM's Workforce 
    Restructuring Office has set up a clearinghouse containing both private 
    sector and Federal career transition materials (call 202-606-0960 for 
    additional information) and a special forum on OPM's MAINSTREET 
    computer-based bulletin board to provide information and handle 
    inquiries about the new regulations (with modem dial 202-606-4800 and 
    select the Career Transition forum). OPM also has a cadre of 
    experienced career transition specialists available for on-site 
    assistance. Comprehensive information on worldwide Federal job 
    opportunities is available from OPM by phone (912-757-3000; 912-744-
    2299 for TDD) or electronic bulletin board (912-757-3100).
    
    Waiver of Notice of Proposed Rulemaking and Delay in Effective Date
    
        Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists 
    for waiving the general notice of proposed rulemaking because it would 
    be contrary to the public interest to delay access to benefits. Also, 
    pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to waive 
    the delay in the effective date and make this amendment effective in 
    less than 30 days. The delay in the effective date is being waived to 
    give effect to the benefits extended by the amended provisions at the 
    earliest practicable date.
    
    Regulatory Flexibility Act
    
        I certify that this regulation will not have a significant economic 
    impact on a substantial number of small entities because it affects 
    only Federal employees.
    
    Executive Order 12866, Regulatory Review
    
        This rule has been reviewed by the Office of Management and Budget 
    in accordance with Executive Order 12866.
    
    List of Subjects in 5 CFR Part 330
    
        Armed forces reserves, Government employees.
    
    U.S. Office of Personnel Management.
    James B. King,
    Director.
        Accordingly, OPM is amending part 330 of title 5, Code of Federal 
    Regulations, as follows:
    
    PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
    
        1. The authority citation for part 330 continues to read as 
    follows:
    
        Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR 1954-58 
    Comp., p. 218; Sec. 330.102 also issued under 5 U.S.C. 3327; subpart 
    B also issued under 5 U.S.C. 3315 and 8151; Sec. 330.401 also issued 
    under 5 U.S.C. 3310; subpart H also issued under 5 U.S.C. 8337(h) 
    and 8457(b); subpart I also issued under sec. 4432 of Pub. Law 102-
    484.
    
        2. Section 330.301 is revised to read as follows:
    
    
    Sec. 330.301  Coverage.
    
        (a) This subpart covers the Interagency Placement Program for 
    employees who will be displaced or who have been separated from their 
    Federal jobs as a result of agency work force reductions, compensable 
    on-the-job injury, discontinued service retirement, or disability 
    retirement. Agencies have the primary responsibility for providing 
    placement assistance to their surplus and displaced employees, and for 
    administering career transition assistance programs. OPM supplements 
    these agency efforts by administering the Interagency Placement Program 
    which gives surplus or displaced employees priority referral to 
    positions in other agencies.
        (b) The applicability of this subpart is suspended from February 
    29, 1996 through September 30, 1999. In the interim, placement 
    assistance will be provided in accordance with subparts B, F, and G of 
    this part. OPM may extend this date if it determines that the Federal 
    Government is still experiencing an emergency downsizing situation.
        3. Subpart F is redesignated as subpart J and a new subpart F is 
    added to read as follows:
    
    Subpart F--Agency Career Transition Assistance Plans (CTAP) for 
    Local Surplus and Displaced Employees
    
    Sec.
    330.601  Purpose.
    330.602  Agency plans.
    330.603  Duration.
    330.604  Definitions.
    330.605  Eligibility.
    330.606  Order of selection for filing vacancies from within the 
    agency.
    330.607  Agency notification responsibilities.
    330.608  Application and selection.
    330.609  Qualification reviews.
    330.610  Reporting.
    330.611  Oversight.
    
        Authority: Presidential memorandum dated September 12, 1995, 
    entitled ``Career Transition Assistance for Federal Employees''.
    
    
    Sec. 330.601  Purpose.
    
        (a) This subpart implements the President's memorandum of September 
    12, 1995, to establish agency career transition assistance plans for 
    Federal employees during a period of severe Federal downsizing. It is 
    the policy of the United States Government to provide services to help 
    surplus and displaced Federal employees take charge of their own 
    careers and find other job offers, either within the Federal Government 
    or in the private sector.
        (b) The regulations in this subpart set forth minimum criteria for 
    agency career transition assistance plans. Consistent with the 
    regulations, agencies may supplement these provisions to expand 
    
    [[Page 67283]]
    career transition opportunities to their surplus and displaced workers 
    at their discretion.
        (c) Sections 330.602(a)(2) and 330.604 through 330.609 do not apply 
    to the Department of Defense Priority Placement Program.
        (d) The provisions in this subpart do not alter any existing 
    negotiated agreements in effect as of December 29, 1995. New agreements 
    will be subject to the provisions set forth in this part.
    
    
    Sec. 330.602  Agency plans.
    
        (a) Each agency will establish a career transition assistance plan 
    (CTAP) to actively assist its surplus and displaced employees make 
    effective transitions to other employment. Agencies will draft and 
    effect their plans by February 29, 1996, unless an extension is 
    requested and approved by OPM. A copy of the draft plan and any 
    additional modified plans will be sent to OPM as approved by the 
    agency/department head or deputy or undersecretary. An agency plan will 
    include:
        (1) Policies to provide career transition services to all surplus 
    and displaced agency employees, including those in the excepted service 
    and Senior Executive Service, which address the following:
        (i) Types of career transition services to be provided by the 
    agency;
        (ii) Use of excused absence for employees to use the services and 
    facilities;
        (iii) Employee use of services or facilities after separation;
        (iv) Training to be provided to employees, managers, supervisors, 
    and union representatives on the use of services;
        (v) Retraining to be provided to employees;
        (vi) Access to services by employees, including those in field 
    offices and remote sites and those with disabilities;
        (vii) Availability of resource information on other forms of 
    Federal, state, and local assistance which are available to support 
    career transition for employees with disabilities; and
        (viii) Role of employee assistance programs in providing services;
        (2) Policies to provide special selection priority to well-
    qualified surplus or displaced agency employees who apply for agency 
    vacancies in the local commuting area, before selecting any other 
    candidate from either within or outside the agency, and agency 
    procedures for reviewing qualification issues;
        (3) Operation of the agency's Reemployment Priority-List under 
    subpart B of 5 CFR part 330.
        (b) To the extent practicable, agency CTAPs shall be developed in 
    partnership with management and employees' union representatives.
    
    
    Sec. 330.603  Duration.
    
        This subpart will expire on September 30, 1999, unless the Office 
    of Personnel Management extends the program based on its determination 
    that the Federal Government is still experiencing an emergency 
    downsizing situation.
    
    
    Sec. 330.604  Definitions.
    
        For purposes of this subpart:
        (a) Agency means an Executive Department, a Government corporation, 
    and an independent establishment as cited in 5 U.S.C. 105.
        (b) Displaced employee means a current agency employee serving 
    under an appointment in the competitive service, in tenure group I or 
    II, who has received a specific reduction in force (RIF) separation 
    notice.
        (c) Eligible employee means a surplus or displaced employee who 
    meets the conditions set forth in Sec. 330.605(a).
        (d) Local commuting area means the geographic area that usually 
    constitutes one area for employment purposes as determined by the 
    agency. It includes any population center (or two or more neighboring 
    ones) and the surrounding localities in which people live and can 
    reasonably be expected to travel back and forth daily to their usual 
    employment.
        (e) Special selection priority means the priority that eligible 
    employees have for selection to vacancies over any other candidate.
        (f) Surplus employee means a current agency employee serving under 
    an appointment in the competitive service, in tenure group I or II, who 
    has received a Certification of Expected Separation or other 
    certification issued by the agency which identifies the employee as 
    being in a surplus organization or occupation.
        (g) Vacancy means a competitive service position lasting 90 days or 
    more, including extensions, which the agency is filling, regardless of 
    whether the agency issues a specific vacancy announcement.
        (h) Well-qualified employee means an eligible employee who 
    satisfies the criteria in either paragraphs (h)(1) or (h)(2) of this 
    section as determined and consistently applied by the agency:
        (1)(i) Meets the qualification standard and eligibility 
    requirements for the position, including any medical qualifications, 
    and minimum educational and experience requirements;
        (ii) Meets all selective factors where applicable. Meets 
    appropriate quality rating factor levels as determined by the agency. 
    Selective and quality ranking factors cannot be so restrictive that 
    they run counter to the goal of placing displaced employees. In the 
    absence of selective and quality ranking factors, selecting officials 
    will document the job-related reason(s) the eligible employee is or is 
    not considered to be well qualified;
        (iii) Is physically qualified, with reasonable accommodation where 
    appropriate, to perform the essential duties of the position;
        (iv) Meets any special qualifying condition(s) that OPM has 
    approved for the position; and
        (v) Is able to satisfactorily perform the duties of the position 
    upon entry; or
        (2) Is rated by the agency to be above minimally qualified 
    candidates in accordance with the agency's specific selection process.
    
    
    Sec. 330.605  Eligibility.
    
        (a) To be eligible for the special selection priority, an 
    individual must meet all of the following conditions:
        (1) Is a surplus or displaced employee as defined in 
    Sec. 330.604(b) and (f);
        (2) Has a current performance rating of record of at least fully 
    successful or equivalent;
        (3) Applies for a vacancy that is at or below the grade level from 
    which the employee may be or is being separated, that does not have a 
    greater promotion potential than the position from which the employee 
    may be or is being separated;
        (4) Occupies a position in the same local commuting area of the 
    vacancy;
        (5) Files an application for a specific vacancy within the 
    timeframes established by the agency; and
        (6) Is determined by the agency to be well-qualified for the 
    specific vacancy.
        (b) Eligibility for special selection priority begins on the date 
    the agency issues the RIF separation notice, Certification of Expected 
    Separation, or other certification identifying the employee as being in 
    a surplus organization or occupation, whichever is earliest.
        (c) Eligibility expires on the earliest of:
        (1) The RIF separation date;
        (2) Cancellation of the RIF separation notice, Certification of 
    Expected Separation, or other certification identifying the employee as 
    surplus; or
        (3) When an eligible employee receives a career, career-
    conditional, or excepted appointment without time limit in any agency.
    
    
    Sec. 330.606  Order of selection for filling vacancies from within the 
    agency.
    
        (a) Except as provided in paragraph (b) of this section, when 
    filling a vacancy, an agency must select an 
    
    [[Page 67284]]
    employee eligible under its Career Transition Assistance Plan before 
    selecting any other candidate from within or outside the agency, unless 
    doing so would cause another employee to be separated by reduction in 
    force.
        (b) The following actions are not covered under this subpart:
        (1) Placement of an agency employee through reassignment, change to 
    lower grade, or promotion, when no employees eligible under this 
    subpart apply;
        (2) Reemployment of a former agency employee exercising regulatory 
    or statutory reemployment rights;
        (3) Position changes resulting from reclassification actions;
        (4) Temporary appointments of under 90 days (including extensions);
        (5) Exchange of positions between or among agency employees, when 
    the actions involve no increase in grade or promotion potential;
        (6) Conversion of an employee on an excepted appointment which 
    confers eligibility for noncompetitive conversion into the competitive 
    service;
        (7) Placement activities under part 351 of this chapter;
        (8) Placement of an employee into a new position as a result of a 
    reorganization, when the former position ceases to exist, and no actual 
    vacancy results;
        (9) Placements made under the Intergovernmental Personnel Act (IPA) 
    as provided in part 334 of this chapter where they are for critical 
    situations where the failure to make the assignment would substantially 
    harm Federal interests, such as providing training for State takeover 
    of a Federal program;
        (10) The filling of a position through an excepted appointment;
        (11) Details;
        (12) Time-limited promotions of under 90 days;
        (13) Noncompetitive movement of surplus or displaced employees;
        (14) Movement of excepted service employees within an agency;
        (15) A placement under 5 U.S.C. 8337 or 8451 to allow continued 
    employment of an employee who has become unable to provide useful and 
    efficient service in his or her current position because of a medical 
    condition;
        (16) A placement that is a ``reasonable offer'' as defined in 5 
    U.S.C. 8336(d) AND 8414(b);
        (17) Career ladder promotions; and
        (18) Recall of seasonal employees from nonpay status.
    Sec. 330.607  Agency notification responsibilities.
        (a) At the time it issues a specific RIF separation notice, 
    Certification of Expected Separation, or other certification that 
    identifies an employee as being likely to be separated by RIF, an 
    agency must give each of its eligible employees information about the 
    special selection priority available to them under the agency's Career 
    Transition Assistance Plan.
        (b) Agencies must take reasonable steps to ensure eligible 
    employees are notified of all vacancies the agency is filling and what 
    is required for them to be determined as well-qualified for the 
    vacancies.
    Sec. 330.608  Application and selection.
        (a) Application. (1) To receive this special selection priority, an 
    eligible employee must apply for a specific agency vacancy in the same 
    local commuting area as the position the employee occupies within the 
    prescribed time frames, attach the appropriate proof of eligibility as 
    described in paragraph (a)(2) of the section, and be determined well-
    qualified by the agency for the specific vacancy.
        (2) Proof of eligibility. Employees may submit the following as 
    proof of eligibility for the special selection priority:
        (i) RIF separation notice;
        (ii) Certification of Expected Separation; or
        (iii) Other agency certification identifying the employee as being 
    in a surplus organization or occupation.
        (b) Selection. An agency may decide the specific order of selection 
    of its eligible employees within the provisions set forth in 
    Sec. 330.606(a) (e.g., the agency may decide to select displaced 
    employees before surplus employees or may select surplus and/or 
    displaced employees from within a particular component of the agency 
    before selecting surplus and/or displaced employees from another 
    component of the agency).
        (c) An agency cannot select any other candidates from within or 
    outside the agency if eligible agency employees are available for the 
    vacancy or vacancies.
        (d) If two or more eligible employees apply for a vacancy and are 
    determined to be well-qualified, any of these eligible employees may be 
    selected.
        (e) If no eligible employees apply or none is deemed well-
    qualified, the agency may select another agency employee without regard 
    to this subpart.
    Sec. 330.609  Qualification reviews.
        Agencies will ensure that a documented review is conducted when-
    ever an otherwise eligible employee is determined to be not well-
    qualified.
    Sec. 330.610  Reporting.
        (a) Each agency shall submit an annual report covering each fiscal 
    year activity under this subpart to OPM no later than December 31 of 
    each year, beginning December 31, 1996.
        (b) Each report will include the following:
        (1) Number of employees identified by the agency as surplus and 
    displaced during that fiscal year;
        (2) Number of selections of eligible employees under the agency 
    CTAP, or in the case of the Department of Defense, under its Priority 
    Placement Program; and
        (3) The name, title, and telephone number of the agency official 
    responsible for the report.
        (c) Reports should be addressed to: U.S. Office of Personnel 
    Management, Workforce Restructuring Office, Employment Service, Room 
    6504, Washington, DC 20415.
    Sec. 330.611  Oversight.
        OPM provides advice and assistance to agencies in implementing 
    their Career Transition Assistance Programs. OPM is also responsible 
    for oversight of agency CTAPs and may conduct reviews of the plans at 
    any time.
        4. Subpart H is removed and reserved and subpart G is revised to 
    read as follows:
    
    Subpart G--Interagency Career Transition Assistance Plan for Displaced 
    Employees
    
    Sec.
    330.701  Purpose
    330.702  Duration.
    330.703  Definitions.
    330.704  Eligibility.
    330.705  Order of selection in filling vacancies from outside the 
    agency's workforce.
    330.706  Agency notification requirements.
    330.707  Application and selection.
    330.708  Qualification reviews.
    330.709  Reporting.
    330.710  Oversight.
    
        Authority: Presidential memorandum dated September 12, 1995, 
    entitled ``Career Transition Assistance for Federal Employees''.
    Subpart G--Interagency Career Transition Assistance Plan for Displaced 
    Employees
    Sec. 330.701  Purpose.
        (a) This subpart implements the President's memorandum of September 
    12, 1995, to establish a special interagency career transition 
    assistance program for Federal employees during a period of severe 
    Federal downsizing.
    
        (b) This subpart is effective February 29, 1996.
    
        (c) Nothing in this subpart negates an agency's responsibilities 
    for reemploying displaced employees as defined in Sec. 330.703(b).
    
    [[Page 67285]]
    
        (d) The provisions of the Reemployment Priority List (RPL) set 
    forth in subpart B of this part will remain in effect during the period 
    of severe Federal downsizing. When an agency considers candidates from 
    outside the agency for vacancies, registrants in an agency's RPL have 
    priority for selection over employees eligible under this subpart in 
    accordance with Sec. 330.705.
    
    
    Sec. 330.702  Duration.
    
        This subpart will expire on September 30, 1999, unless the Office 
    of Personnel Management extends the program based on its determination 
    that the Federal Government is still experiencing an emergency 
    downsizing situation.
    
    
    Sec. 330.703  Definitions.
    
        For the purposes of this subpart:
        (a) Agency has the meaning given in Sec. 330.604(a).
        (b) Displaced employee means:
        (1) A current or former career or career-conditional competitive 
    service employee, in tenure group I or II, who has received a specific 
    RIF separation notice;
        (2) A former career or career-conditional employee who was 
    separated because of a compensable injury as provided under the 
    provisions of subchapter I of chapter 81 of title 5, United States 
    Code, whose compensation has been terminated and whose former agency is 
    unable to place the individual as required by part 353;
        (3) A former career or career-conditional competitive service 
    employee, in tenure group I or II, who retired with a disability under 
    sections 8337 or 8451 of title 5, United States Code, whose disability 
    annuity has been or is being terminated;
        (4) A former career or career-conditional competitive service 
    employee, in tenure group I or II, in receipt of a RIF separation 
    notice who retired on the effective date of the reduction in force or 
    under the discontinued service retirement option;
        (5) A former career or career-conditional competitive service 
    employee, in tenure group I or II, who is separated because he/she 
    declined a transfer of function or directed reassignment to another 
    commuting area; and
        (6) A former Military Reserve Technician or National Guard 
    Technician who is receiving a special disability retirement annuity 
    from OPM under section 8337(h) or 8456 of title 5, United States Code.
        (c) Eligible employee means a displaced employee who meets the 
    conditions set forth in Sec. 330.704(a).
        (d) Local commuting area has the meaning given in Sec. 330.604(d) 
    of subpart F.
        (e) Special selection priority has the meaning given in 
    Sec. 330.604(e) of subpart F.
        (f) Vacancy has the meaning given in Sec. 330.604(g) of subpart F.
        (g) Well-qualified employee has the meaning given in 
    Sec. 330.604(h) of subpart F.
    
    
    Sec. 330.704  Eligibility.
    
        (a) To be eligible for the special selection priority, an 
    individual must meet all of the following conditions:
        (1) Is a displaced employee as defined in Sec. 330.703(b).
        (2) Has a current (or a last) performance rating of record of at 
    least fully successful or equivalent (except for those eligible under 
    Sec. 330.703 (b)(2), (b)(3), and (b)(6));
        (3) Applies for a vacancy at or below the grade level from which 
    the employee has been or is being separated, that does not have a 
    greater promotion potential than the position from which the employee 
    has been or is being separated;
        (4) Occupies or was displaced from a position in the same local 
    commuting area of the vacancy;
        (5) Files an application for a specific vacancy within the 
    timeframes established by the agency; and
        (6) Is determined by the agency to be well-qualified for the 
    specific position.
        (b) Eligibility for special selection priority begins:
        (1) On the date the agency issues the RIF separation notice;
        (2) On the date an agency certifies that it can not place an 
    employee eligible under Sec. 330.703(b)(2);
        (3) On the date an employee eligible under Sec. 330.703(b)(3) is 
    notified that his or her disability annuity has been or is being 
    terminated;
        (4) On the date an employee under Sec. 330.703(b)(5) declines the 
    transfer of function or reassignment outside the commuting area; or
        (5) On the date the National Guard Bureau or Military Department 
    certifies that an employee under Sec. 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 after September 12, 1995, and prior to February 29, 1996. For 
    these employees, eligibility expires February 28, 1997;
        (2) February 28, 1997, for those candidates who were registered in 
    OPM's Interagency Placement Program (IPP) on or before February 15, 
    1996 and received a letter from OPM informing them of the demise of the 
    IPP;
        (3) 1 year after an agency certifies that an individual under 
    Sec. 330.703(b)(2) cannot be placed;
        (4) 1 year after an individual under Sec. 330.703(b)(3) receives 
    notification that his/her disability annuity has been or will be 
    terminated;
        (5) When the employee receives a career, career-conditional, or 
    excepted appointment without time limit in any agency;
        (6) When the employee no longer meets the eligibility requirements 
    set forth in paragraph (a) of this section (e.g., the employee is no 
    longer being separated by RIF or separates by resignation or non-
    discontinued service retirement prior to the RIF effective date); or
        (7) With a specific agency, upon declination of an official offer 
    to the employee by that agency.
    
    
    Sec. 330.705  Order of selection in filling vacancies from outside the 
    agency's workforce.
    
        (a) Except as provided in paragraph (c) of this section, when 
    filling a vacancy from outside the agency's workforce an agency must 
    select:
        (1) Current or former agency employees eligible under the agency's 
    Reemployment Priority List described in subpart B, then;
        (2) At the agency's option, any other former employee displaced 
    from the agency (under appropriate selection procedures), then;
        (3) Current or former Federal employees displaced from other 
    agencies eligible under this subpart; and then
        (4) Any other candidate (under appropriate selection procedures) 
    (optional).
        (b) The following actions are subject to this order of selection 
    and are covered under this subpart:
        (1) Competitive appointments (e.g., from registers and direct-
    hire);
        (2) Noncompetitive appointments (e.g., the types listed in part 
    315, subpart F, of this chapter);
        (3) Movement between agencies (e.g., transfer), except as provided 
    for in paragraph (b)(9) of this section or part 351 of this chapter;
        (4) Reinstatements (except as provided for in paragraph (a)(2) of 
    this section); and
        (5) Time-limited appointments of 90 days or more to the competitive 
    service.
        (c) The following actions are not covered under this subpart:
        (1) Selections from an agency's internal Career Transition 
    Assistance Plan or Reemployment Priority List as described in subparts 
    F and B of this part respectively or any other internal 
    
    [[Page 67286]]
    agency movement of current agency employees;
        (2) Appointments of 10 point veterans;
        (3) Reemployment of former agency employees who have regulatory or 
    statutory reemployment rights;
        (4) Temporary appointments of under 90 days (including extensions);
        (5) An action taken under part 351 of this chapter;
        (6) The filling of a position by an excepted appointment;
        (7) Conversions of employees on excepted appointments that confer 
    eligibility for noncompetitive conversion into the competitive service; 
    and
        (8) Noncompetitive movement of displaced employees between agencies 
    or employees moved as a result of reorganization or transfer of 
    function.
        (9) Placement of injured workers receiving workers' compensation 
    benefits.
    
    
    Sec. 330.706  Agency notification requirements.
    
        (a) At the time it issues specific RIF separation notices, an 
    agency must give its employees information about their eligibility for 
    the special interagency selection priority.
        (b) Agencies are required to report all vacancies to OPM when 
    accepting applications from outside the agency (including applications 
    for temporary positions lasting 90 or more days).
        (c) In addition, agencies shall provide OPM an electronic file of 
    complete vacancy announcements or recruiting bulletins for all 
    positions reported.
        (d) Content. Notice to OPM of job announcements must include the 
    position title, tenure, location, pay plan and grade (or pay rate) of 
    the vacant position; application deadline; and other information 
    specified by OPM. In addition, agencies are required to provide OPM 
    with an electronic file of the complete vacancy announcement or 
    recruiting bulletin, which must include the qualifications required, 
    equal opportunity provisions and, when applicable, veterans' preference 
    provisions.
    
    
    Sec. 330.707  Application and selection.
    
        (a) Application. (1) To receive this special selection priority, 
    eligible employees must apply directly to agencies for specific 
    vacancies in the local commuting area within the prescribed time 
    frames, attach the appropriate proof of eligibility as described in 
    paragraph (a)(2) of this section, and be determined well-qualified by 
    the agency for the specific position.
        (2) Proof of eligibility. Employees may submit the following as 
    proof of eligibility for the special selection priority:
        (i) RIF separation notice;
        (ii) Documentation showing that they were separated as a result of 
    declining a transfer of function or directed reassignment to another 
    commuting area;
        (iii) Official certification from an agency stating that its agency 
    cannot place an individual whose injury compensation has been or is 
    being terminated;
        (iv) Official notification from OPM that an individual's disability 
    annuity has been or is being terminated; or
        (v) Official notification from the Military Department or National 
    Guard Bureau that the employee has retired under 5 U.S.C. 8337(h) or 
    8456.
        (b) Selection. In making selections, an agency will adhere to the 
    overall order of selection set forth in Sec. 330.705. In addition, the 
    following apply:
        (1) An agency cannot select another candidate from outside the 
    agency if eligible employees are available for the vacancy or 
    vacancies.
        (2) If two or more eligible employees apply for a vacancy and are 
    determined to be well-qualified, any of these eligible employees may be 
    selected.
        (3) If no eligible employees apply or none is deemed well-
    qualified, the agency may select another candidate without regard to 
    this subpart. (This flexibility does not apply to selections made from 
    the agency's Reemployment Priority List as described in subpart B of 
    this part.)
        (c) An agency may select a candidate from its Career Transition 
    Assistance Plan or Reemployment Priority List, as described in subparts 
    F and B of this part respectively, or another current agency employee 
    (if no eligible employees are available through its CTAP or RPL) at any 
    time.
    
    
    Sec. 330.708  Qualification reviews.
    
        Agencies will ensure that a documented review is conducted whenever 
    otherwise eligible employees are found to be not well-qualified.
    
    
    Sec. 330.709  Reporting.
    
        (a) Each agency shall submit an annual report covering each fiscal 
    year activity under this subpart to OPM no later than December 31 of 
    each year, beginning December 31, 1996.
        (b) Each report will include data specified in Sec. 330.610 of 
    subpart F, and will also include information on:
        (1) The number of eligible employees determined to be not well-
    qualified;
        (2) The number of selections of eligible employees from other 
    Federal agencies;
        (3) The number of selections of other employees from other Federal 
    agencies who are not displaced; and
        (4) The number of selections from outside the Federal Government.
    
    
    Sec. 330.710  Oversight.
    
        OPM is responsible for oversight of the Interagency Career 
    Transition Assistance Plan for Local Displaced Employees and may 
    conduct reviews of agency activity at any time.
    
    [FR Doc. 95-31382 Filed 12-28-95; 8:45 am]
    BILLING CODE 6325-01-M
    
    

Document Information

Effective Date:
12/29/1995
Published:
12/29/1995
Department:
Personnel Management Office
Entry Type:
Rule
Action:
Interim rule with request for comments.
Document Number:
95-31382
Dates:
Interim regulations are effective on December 29, 1995. Agencies will draft and effect their Agency Career Transition Assistance Plan, including provisions to give selection priority to their surplus and displaced employees, as soon as possible, but no later than February 29, 1996, unless an extension is requested and approved by OPM. A new program providing selection priority for displaced employees on an interagency basis--the Interagency Career Transition Assistance Plan-- will go into ...
Pages:
67281-67286 (6 pages)
RINs:
3206-AH26: Career Transition Assistance for Surplus and Displaced Federal Employees
RIN Links:
https://www.federalregister.gov/regulations/3206-AH26/career-transition-assistance-for-surplus-and-displaced-federal-employees
PDF File:
95-31382.pdf
CFR: (27)
5 CFR 330.606(a)
5 CFR 330.604(b)
5 CFR 330.703(b)(2)
5 CFR 330.604(e)
5 CFR 330.604(h)
More ...