Restructuring Information Handbook
Module 3 (REDUCTION IN FORCE), Unit A (REQUIRED PROCEDURES)
June 1998
Restructuring Information Handbook Module 3 is
developed by OPM's Workforce Restructuring Office to provide
information on reduction in force procedures.
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               U.S. OFFICE OF PERSONNEL MANAGEMENT
                RESTRUCTURING INFORMATION HANDBOOK
MODULE 3, REDUCTION IN FORCE (June 1998 version)
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UNIT A (REQUIRED PROCEDURES)
SECTION 1.  OVERVIEW OF OPM'S REDUCTION IN FORCE REGULATIONS AND
DOWNSIZING PROGRAMS, pg 13
1.  RIF RETENTION FACTORS
2.  MANAGEMENT'S RIGHT TO MAKE RIF DECISIONS
3.  USE OF REDUCTION IN FORCE PROCEDURES
4.  APPLYING THE RIF REGULATIONS-COMPETITIVE AREA
5.  APPLYING THE RIF REGULATIONS-COMPETITIVE LEVEL
6.  APPLYING THE RIF REGULATIONS-RETENTION REGISTER
7.  APPLYING THE RIF REGULATIONS-DETERMINING EMPLOYEES' RETENTION 
    STANDING
8.  APPLYING THE RIF REGULATIONS-RELEASE FROM THE COMPETITIVE     
    LEVEL
9.  APPLYING THE RIF REGULATIONS-ASSIGNMENT RIGHTS
10. APPLYING THE RIF REGULATIONS-RIF NOTICES
11. RIF APPEALS AND GRIEVANCES
12. TRANSFER OF FUNCTION
13. PLACEMENT ASSISTANCE AND EMPLOYEE BENEFITS
SECTION 2.  BASIC MANAGEMENT RIGHTS IN REDUCTION IN FORCE, pg 27
1.  SCOPE OF THIS SECTION
2.  BASIC RIGHT TO ORGANIZE WORKFORCE
3.  RIF DECISIONS
4.  GENERAL RIGHT OF AGENCY TO CARRY OUT OTHER PERSONNEL ACTIONS
SECTION 3.  COMPLIANCE WITH OPM'S RETENTION REGULATIONS, pg 28
1.  AGENCY RESPONSIBILITY
2.  OPM REVIEW OF AGENCY'S RIF PLANS
SECTION 4.  REDUCTION IN FORCE DEFINITIONS, pg 29
1.  DEFINITIONS IN MODULE 3
SECTION 5.  COVERAGE OF OPM'S RETENTION REGULATIONS, pg 32
1.  OBLIGATION OF THE AGENCY TO USE RIF REGULATIONS
2.  AGENCY AUTHORITY TO REASSIGN
3.  OPTIONAL USE OF RIF OR REASSIGNMENT
4.  RIF ACTIONS AND REASONS FOR A RIF
5.  ACTIONS EXCLUDED FROM RIF COVERAGE
6.  EMPLOYEES COVERED BY OPM'S RIF REGULATIONS
7.  MODIFICATIONS TO GENERAL COVERAGE UNDER OPM'S RIF REGULATIONS
8.  EMPLOYEES EXCLUDED FROM COVERAGE UNDER OPM'S RIF REGULATIONS
SECTION 6.  REORGANIZATION, pg 37
1.  DEFINITION
2.  USE OF RIF PROCEDURES IN REORGANIZATION
3.  RECLASSIFICATION DUE TO NEW CLASSIFICATION STANDARDS OR       
    CORRECTION OF CLASSIFICATION ERROR
4.  RECLASSIFICATION DUE TO JOB EROSION
5.  USE OF RIF PROCEDURES IN JOB EROSION SITUATIONS
SECTION 7.  COMPETITIVE AREA, pg 39
1.  GENERAL
2.  BASIS FOR COMPETITIVE AREA
3.  COMPETITIVE AREA STANDARD FOR HEADQUARTERS ACTIVITIES   
4.  COMPETITIVE AREA STANDARD FOR FIELD ACTIVITIES   
5.  INSPECTOR GENERAL ACTIVITY
6.  SEPARATE ADMINISTRATIVE AUTHORITY IN COMPETITIVE AREA
    DETERMINATIONS
7.  COMPETITIVE AREAS LARGER THAN THE MINIMUM STANDARD
8.  LOCAL COMMUTING AREA DEFINITION
9.  LOCAL COMMUTING AREA IN COMPETITIVE AREA DEFINITION
10. PUBLICATION OF COMPETITIVE AREA DEFINITION
11. REQUIREMENT THAT COMPETITIVE AREA DEFINITION MUST REMAIN
    UNCHANGED FOR 90 DAYS PRIOR TO A RIF
SECTION 8.  REQUEST FOR OPM APPROVAL OF A COMPETITIVE AREA
CHANGE, pg 43
1.  OPM PRIOR APPROVAL OF CHANGES TO THE COMPETITIVE AREA WITHIN
    90 DAYS OF RIF-GENERAL
2.  OPM PRIOR APPROVAL OF CHANGES TO THE COMPETITIVE AREA WITHIN
    90 DAYS OF RIF-INFORMATION IN REQUEST TO OPM
3.  OPM PRIOR APPROVAL OF CHANGES TO THE COMPETITIVE AREA WITHIN
    90 DAYS OF RIF-OPM ADDRESS FOR REQUEST
SECTION 9.  COMPETITIVE LEVEL, pg 45
1.  GENERAL
2.  POSITION DESCRIPTIONS ARE USED TO ESTABLISH COMPETITIVE       
    LEVELS
3.  ESTABLISHING COMPETITIVE LEVELS
4.  INTERCHANGEABLE POSITIONS ARE IN THE SAME COMPETITIVE LEVEL
5.  UNDUE INTERRUPTION EXPLAINED
6.  SEPARATE COMPETITIVE LEVELS REQUIRED
7.  SEPARATE COMPETITIVE LEVELS PROHIBITED
SECTION 10.  ESTABLISHING RETENTION REGISTERS, pg 49
1.  GENERAL
2.  EMPLOYEES LISTED ON THE RETENTION REGISTER
3.  EMPLOYEES NOT LISTED ON THE RETENTION REGISTER BECAUSE OF
    RESTORATION RIGHTS BASED ON SERVICE IN THE ARMED FORCES
4.  EMPLOYEES LISTED APART FROM THE RETENTION REGISTER
SECTION 11.  DETERMINING EMPLOYEES' RETENTION STANDING, pg 51
1.  GENERAL
2.  ORDER OF EMPLOYEES ON THE RETENTION REGISTER
SECTION 12.  RETENTION TENURE GROUPS, pg 53
1.  GENERAL
2.  TENURE GROUPS-COMPETITIVE SERVICE
3.  TENURE GROUPS-EXCEPTED SERVICE
SECTION 13.  VETERANS' PREFERENCE IN REDUCTION IN FORCE, pg 56
1.  RETENTION SUBGROUPS
2.  EMPLOYEES INCLUDED IN RETENTION SUBGROUPS
3.  GENERAL ELIGIBILITY FOR VETERANS' PREFERENCE
4.  DISABLED VETERAN
5.  ELIGIBILITY FOR VETERANS' PREFERENCE WHEN INITIAL ENTRY INTO  
    THE ARMED FORCES TOOK PLACE BEFORE OCTOBER 15, 1976
6.  ELIGIBILITY FOR VETERANS' PREFERENCE WHEN INITIAL ENTRY INTO  
    THE ARMED FORCES TOOK PLACE ON OR AFTER OCTOBER 15, 1976
7.  ELIGIBILITY FOR VETERANS' PREFERENCE BASED ON DERIVATIVE      
    PREFERENCE
8.  ELIGIBILITY FOR VETERANS' PREFERENCE WHEN THE EMPLOYEE IS     
    RETIRED FROM THE ARMED FORCES
9.  ELIGIBILITY FOR VETERANS' PREFERENCE WHEN THE EMPLOYEE IS     
    RETIRED FROM THE ARMED FORCES AS A TITLE 10 RESERVIST
SECTION 14.  SERVICE CREDIT IN REDUCTION IN FORCE, pg 62
1.  GENERAL
2.  RESPONSIBILITY OF THE AGENCY TO DETERMINE EMPLOYEES'          
    RETENTION SERVICE DATES
3.  CREDITABLE SERVICE FOR RETENTION 
4.  DETERMINING THE EMPLOYEE'S SERVICE DATE
5.  DETERMINING THE SERVICE DATE OF RETIRED MEMBERS OF THE ARMED  
    FORCES
7.  ADDITIONAL INFORMATION ON CREDITABLE SERVICE
SECTION 15.  CREDIT FOR PERFORMANCE IN REDUCTION IN FORCE UNDER
OPM'S NOVEMBER 24, 1997, RETENTION REGULATIONS, pg 64
[Note: Former Section 3-A-15 is now in Appendix A of Module 3,
and covers "CREDIT FOR PERFORMANCE IN REDUCTION IN FORCE UNDER
OPM'S JANUARY 1, 1997, RETENTION REGULATIONS"]
1.  GENERAL  
2.  EFFECTIVE DATE FOR THE REVISED RIF REGULATIONS COVERING       
    RETENTION SERVICE CREDIT FOR PERFORMANCE   
3.  TIME PERIOD COVERED BY EMPLOYEES' PERFORMANCE RATINGS   
4.  RATINGS USED FOR RIF PURPOSES   
5.  RATINGS IN OTHER AGENCIES   
6.  RATING OF RECORD-EMPLOYEES COVERED BY 5 U.S.C. CHAPTER 43 OR  
    5 CFR 430   
7.  RATING OF RECORD-EMPLOYEES NOT COVERED BY 5 U.S.C. CHAPTER 43 
    OR 5 CFR 430 
8.  AVAILABILITY OF RATINGS   
SECTION 15.  CREDIT FOR PERFORMANCE IN REDUCTION IN FORCE UNDER
OPM'S NOVEMBER 24, 1997, RETENTION REGULATIONS  (continued)
9.  FREEZING RATINGS   
10. MISSING RATINGS  
11. AMOUNT OF CREDIT-SINGLE RATING PATTERN   
12. AMOUNT OF CREDIT-MULTIPLE RATING PATTERNS 
13. UNACCEPTABLE PERFORMANCE-PROPOSED DECISION TO REMOVE OR       
    DEMOTE   
14. UNACCEPTABLE PERFORMANCE-FINAL DECISION TO REMOVE OR DEMOTE  
15. UNACCEPTABLE PERFORMANCE-ELIMINATION OF "UNACCEPTABLE"        
    RATING 
SECTION 16.  PERSONNEL RECORDS IN REDUCTION IN FORCE, pg 75
1.  RESPONSILITY OF AGENCY TO MAINTAIN PERSONNEL RECORDS
2.  RESPONSIBILITY OF AGENCY UNDER PRIVACY ACT
3.  EMPLOYEE ACCESS TO RETENTION RECORDS
4.  RETENTION RECORDS AVAILABLE FOR REVIEW
5.  RETENTION OF RECORDS FOR 1 YEAR
SECTION 17.  RELEASE FROM THE COMPETITIVE LEVEL, pg 77
1.  DATE USED TO DETERMINE AN EMPLOYEE'S RETENTION STANDING 
2.  RELEASE OF NONCOMPETING EMPLOYEES  
3.  ORDER OF RELEASING EMPLOYEES FROM THE COMPETITIVE LEVEL 
4.  BREAKING TIES IN EMPLOYEES' RETENTION STANDING  
5.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-MANDATORY          
    EXCEPTION BASED UPON SERVICE IN THE ARMED FORCES   
6.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-MANDATORY          
    EXCEPTION AND THE USE OF ANNUAL LEAVE TO OBTAIN RETIREMENT    
    BENEFITS AND/OR TO CONTINUE HEALTH BENEFITS   
7.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-EFFECTIVE DATE OF  
    RIF ACTION WHEN USING A MANDATORY EXCEPTION  
8.  THE MANDATORY USE OF ANNUAL LEAVE IN RELOCATION SITUATIONS TO 
    OBTAIN RETIREMENT BENEFITS AND/OR TO CONTINUE HEALTH BENEFITS 
    COVERAGE   
9.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-DISCRETIONARY      
    CONTINUING EXCEPTION  
10. EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-EFFECTIVE DATE OF  
    RIF ACTION WHEN USING A DISCRETIONARY CONTINUING EXCEPTION 
11. EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-NOTICE TO          
    HIGHER-STANDING EMPLOYEES WHEN USING A DISCRETIONARY          
    CONTINUING EXCEPTION 
SECTION 17.  RELEASE FROM THE COMPETITIVE LEVEL (continued)
12. EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-PERMISSIVE         
    TEMPORARY EXCEPTION-UNDUE INTERRUPTION  
13. EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-PERMISSIVE         
    TEMPORARY EXCEPTION-TO SATISFY A GOVERNMENT OBLIGATION   
14. EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-PERMISSIVE         
    TEMPORARY EXCEPTION-USE OF SICK LEAVE   
15. EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-PERMISSIVE         
    TEMPORARY EXCEPTION-THE USE OF ANNUAL LEAVE TO OBTAIN         
    RETIREMENT BENEFITS AND/OR TO CONTINUE HEALTH BENEFITS 
16. EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-PERMISSIVE         
    TEMPORARY EXCEPTION-OTHER EXCEPTIONS   
17. EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-EFFECTIVE DATE OF  
    RIF ACTION WHEN USING A DISCRETIONARY TEMPORARY EXCEPTION   
18. EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-NOTICE TO          
    HIGHER-STANDING EMPLOYEES WHEN USING A DISCRETIONARY          
    TEMPORARY EXCEPTION   
19. EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-LIQUIDATION        
    EXCEPTION   
20. EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-NOTICE TO          
    HIGHER-STANDING EMPLOYEES WHEN USING A LIQUIDATION EXCEPTION  
       
SECTION 18.  ACTIONS FOLLOWING RELEASE FROM THE COMPETITIVE
LEVEL, pg 87
1.  OFFER OF ANOTHER POSITION
2.  SEPARATION OR FURLOUGH
SECTION 19.  DETERMINING EMPLOYEES' REDUCTION IN FORCE ASSIGNMENT
RIGHTS, pg 88
1.  BUMPING AND RETREATING RIGHTS
2.  EMPLOYEES WITH ASSIGNMENT RIGHTS
3.  EMPLOYEES WITH NO ASSIGNMENT RIGHTS
4.  DEFINITION OF AVAILABLE POSITION
5.  POSITIONS OCCUPIED BY TEMPORARY EMPLOYEES
6.  LIMITATIONS IN OFFERING EMPLOYEES ASSIGNMENT TO OTHER 
    POSITIONS
7.  MORE THAN ONE AVAILABLE POSITION FOR ASSIGNMENT 
8.  ONE OFFER OF ASSIGNMENT
9.  REQUIREMENT TO MAKE AN ADDITIONAL OFFER OF ASSIGNMENT
10. ALTERNATIVE OFFER
11. EMPLOYEES' STATUS AND TENURE AFTER ACCEPTING AN OFFER OF 
    ASSIGNMENT
12. PROMOTION POTENTIAL OF A POSITION OFFERED FOR ASSIGNMENT
SECTION 20.  USING BUMP AND RETREAT IN MEETING EMPLOYEES'
ASSIGNMENT RIGHTS, pg 94
1.  BUMP RIGHTS
2.  RETREAT RIGHTS-GENERAL
3.  RETREAT RIGHTS- ESSENTIALLY IDENTICAL POSITION
4.  RETREAT RIGHTS-EXPANDED GRADE LIMITS FOR DISABLED VETERANS IN 
    SUBGROUP AD
SECTION 21.  USING VACANCIES IN MEETING EMPLOYEES' ASSIGNMENT
RIGHTS, pg 97
1.  MANAGEMENT'S DECISION TO FILL VACANT POSITIONS DURING A RIF
2.  MAKING RIF OFFERS OF VACANT POSITIONS TO RELEASED EMPLOYEES
3.  CONSIDERATION OF UNDUE INTERRUPTION IN DETERMINING            
4.  QUALIFICATIONS FOR ASSIGNMENT TO VACANT POSITIONS
4.  CONSIDERATION OF RETENTION STANDING IN OFFERING VACANT 
    POSITIONS
5.  WAIVER OF QUALIFICATIONS REQUIREMENTS IN OFFERING RIF 
    ASSIGNMENT TO VACANT POSITIONS
6.  OFFERING VACANT POSITIONS AS NON-RIF OFFERS TO PLACE
    EMPLOYEES IN LIEU OF RIF SEPARATION OF OTHER RIF ACTIONS
7.  MODIFICATION OF QUALIFICATIONS REQUIREMENTS IN OFFERING 
    POSITIONS IN LIEU OF RIF SEPARATION OR OTHER RIF ACTIONS
SECTION 22.  USING VACANT TEMPORARY POSITIONS AS PLACEMENT
OFFERS, pg 102
1.  TEMPORARY POSITIONS ARE NOT AVAILABLE POSITIONS
2.  USING A TEMPORARY POSITION AS A RIF OFFER OF ASSIGNMENT
3.  USING A TEMPORARY POSITION FOR REEMPLOYMENT FOLLOWING RIF 
    SEPARATION
SECTION 23.  CONSIDERATION OF GRADES IN MEETING EMPLOYEES'
ASSIGNMENT RIGHTS, pg 105
1.  RANGE OF GRADES AND GRADE-INTERVALS IN DETERMINING ASSIGNMENT
    RIGHTS
2.  EMPLOYEE'S POSITION OF RECORD DETERMINES GRADE AND
    GRADE-INTERVAL RANGE
3.  DISTINCTION BETWEEN GRADE AND GRADE-INTERVAL
4.  DETERMINING THE GRADE-INTERVAL PROGRESSION FOR GENERAL 
    SCHEDULE POSITIONS
5.  DETERMINING THE GRADE-INTERVAL PROGRESSION FOR POSITIONS NOT 
    COVERED BY THE GENERAL SCHEDULE-GENERAL AGENCY RESPONSIBILITY
    TO ESTABLISH LINE OF PROGRESSION
SECTION 23.  CONSIDERATION OF GRADES IN MEETING EMPLOYEES'
ASSIGNMENT RIGHTS, (continued)
6.  DETERMINING THE GRADE-INTERVAL PROGRESSION FOR POSITIONS NOT 
    COVERED BY THE GENERAL SCHEDULE-SCOPE OF POSITIONS CONSIDERED
    BY THE AGENCY
7.  DETERMINING THE GRADE-INTERVAL PROGRESSION FOR POSITIONS NOT 
    COVERED BY THE GENERAL SCHEDULE-MOVEMENT BETWEEN POSITIONS
8.  DETERMINING THE GRADE-INTERVAL PROGRESSION FOR POSITIONS NOT 
    COVERED BY THE GENERAL SCHEDULE-NO PROGRESSION EXISTS
9.  DETERMINING THE GRADE-INTERVAL PROGRESSION FOR POSITIONS NOT 
    COVERED BY THE GENERAL SCHEDULE-NO GRADE STRUCTURE EXISTS
SECTION 24.  CONSIDERATION OF REPESENTATIVE RATES WHEN
DETERMINING EMPLOYEES' ASSIGNMENT RIGHTS, pg 109
1.  COMPARING POSITIONS
2.  PAY SCHEDULE
3.  REPRESENTATIVE RATE-DEFINITION
4.  REPRESENTATIVE RATE-EXPLANATION
5.  REPRESENTATIVE RATE-CALCULATION
6.  REPRESENTATIVE RATE-RATE USED TO DETERMINE RETENTION RIGHTS
7.  APPLICATION OF REPRESENTATIVE RATES IN DETERMINING EMPLOYEES' 
    ASSIGNMENT RIGHTS
SECTION 25.  CONSIDERATION OF QUALIFICATIONS WNEN DETERMINING
EMPLOYEES' ASSIGNMENT RIGHTS, pg 112
1.  ONLY QUALIFIED EMPLOYEES HAVE ASSIGNMENT RIGHTS
2.  QUALIFICATIONS STANDARD
3.  OTHER QUALIFICATIONS FACTORS
4.  ASKING EMPLOYEES FOR A QUALIFICATIONS UPDATE
5.  MAKING QUALIFICATIONS DETERMINATIONS-GENERAL
6.  MAKING QUALIFICATIONS DETERMINATIONS-PHYSICAL QUALIFICATIONS  
    DETERMINATIONS
7.  MAKING QUALIFICATIONS DETERMINATIONS-PHYSICAL QUALIFICATIONS 
    DETERMINATIONS FOR CERTAIN DISABLED VETERANS
8.  WAIVER OF QUALIFICATIONS REQUIREMENTS IN OFFERING RIF 
    ASSIGNMENT TO VACANT POSITIONS
9.  MODIFICATION OF QUALIFICATIONS IN OFFERING POSITIONS IN LIEU 
    OF RIF SEPARATION OR OTHER RIF ACTIONS
SECTION 26.  USE OF TRAINEE AND DVELOPMENTAL POSITIONS WHEN
DETERMINING EMPLOYEES' ASSIGNMENT RIGHTS, pg 118
1.  ASSIGNMENT TO A TRAINEE OR DEVELOPMENTAL POSITION
2.  DEFINITION OF A TRAINEE OR DEVELOPMENTAL POSITION
3.  FULLY TRAINED EMPLOYEES HAVE NO ASSIGNMENT RIGHTS TO A 
    TRAINEE OR DEVELOPMENTAL POSITION
4.  MAKING QUALIFICATIONS DETERMINATIONS WHEN CONSIDERING 
    ASSIGNMENT RIGHTS TO A TRAINEE OR DEVELOPMENTAL POSITION
SECTION 27.  CONSIDERATION OF SECURITY CLEARANCES WHEN
DETERMINING EMPLOYEES' ASSIGNMENT RIGHTS, pg 121
1.  ASSIGNMENT TO A SENSITIVE POSITION
2.  AGENCY MUST INITIATE CLEARANCE PROCESS WHEN IT DETERMINES 
    POTENTIAL RIGHT OF ASSIGNMENT
3.  WORK ASSIGNMENTS WHILE APPROVAL OF CLEARANCE IS PENDING
4.  ASSIGNMENT RIGHTS WHEN CLEARANCE IS DENIED
SECTION 28.  ADMINISTRATIVE ASSIGNMENT OPTIONS, pg 124
1.  ASSIGNMENT OPTIONS
2.  BUMPING IN THE SAME SUBGROUP
3.  BUMPING RIGHTS FOR EMPLOYEES IN TENURE GROUP III
4.  ASSIGNMENT RIGHTS FOR EXCEPTED EMPLOYEES
5.  REQUIREMENT THAT ADMINISTRATIVE ASSIGNMENT RIGHTS MUST BE 
    CONSISTENT WITH THE RIF REGULATIONS
6.  RESTRICTIONS ON ADMINISTRATIVE ASSIGNMENT RIGHTS
SECTION 29.  REDUCTION IN FORCE NOTICES TO EMPLOYEES, pg 126
[Note: The additional notice requirements resulting from OPM's
November 24, 1997, retention regulations are found in revised
paragraph 3-A-30-2 rather than in former paragraph 3-A-29-4-(i),
which is now deleted.]
1.  DEFINITION OF A SPECIFIC RIF NOTICE
2.  CERTIFICATION OF EXPECTED SEPARATION
3.  INFORMATIONAL NOTICES

SECTION 29.  REDUCTION IN FORCE NOTICES TO EMPLOYEES, (continued) 
4.  CONTENT OF SPECIFIC NOTICE
5.  REQUIREMENT TO PROVIDE EMPLOYEE WITH A COPY OF OPM'S RIF 
    REGULATIONS
6.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED 
    BY RIF-GENERAL-UNDER OPM'S NOVEMBER 24, 1997, RETENTION       
    REGULATIONS 
7.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED 
    BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA
8.  NOTICE TO BARGAINING UNIT REPRESENTATIVE
9.  LENGTH OF RIF NOTICE-MINIMUM 60-DAY RIF NOTICE FOR ALL 
    EMPLOYEES
10. LENGTH OF RIF NOTICE-120-DAY RIF NOTICE FOR CERTAIN DOD 
    EMPLOYEES
11. LENGTH OF RIF NOTICE-NEW NOTICE REQUIRED FOR MORE SEVERE RIF 
    ACTION
12. LENGTH OF RIF NOTICE-NO MAXIMUM RIF NOTICE
13. LENGTH OF RIF NOTICE-REQUESTING OPM APPROVAL FOR A SHORTER 
    RIF NOTICE PERIOD
14. SAME NOTICE REQUIREMENTS WHEN USING AN INDIVIDUAL EXCEPTION 
    TO THE RIF ORDER OF RELEASE
15. COMPUTING THE RIF NOTICE PERIOD
16. AMENDED RIF NOTICE-LATER RIF DATE
17. AMENDED RIF NOTICE-EARLIER RIF DATE
18. AMENDED RIF NOTICE-BETTER OFFER OF ASSIGNMENT
19. EXPIRATION OF RIF NOTICE-IMPLEMENTATION OF ACTION
20. EXPIRATION OF RIF NOTICE-IMPLEMENTATION LESS SEVERE ACTION
21. EMPLOYEE'S DUTY STATUS DURING RIF NOTICE PERIOD

SECTION 30.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE
SEPARATED BY RIF, pg 133
1.  ADDITIONAL NOTICE REQUIREMENTS
2.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED   
    BY RIF IN FORCE UNDER THE REVISED NOVEMBER 24, 1997,          
    RETENTION REGULATIONS                         
3.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED
    BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-NOTICES
    TO UNEMPLOYMENT INSURANCE SERVICE
4.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED 
    BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-GENERAL
5.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED 
    BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-CONTENT
    OF NOTICE
6.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED 
    BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-STATE 
    DISLOCATED WORKER UNIT
7.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED 
    BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-LOCAL 
    GOVERNMENTAL OFFICIAL
8.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED 
    BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-OPM 
SECTION 31.  REQUESTING AN EXCEPTION TO THE MINIMUM RIF NOTICE
PERIOD, pg 137
1.  OPM APPROVAL FOR RIF NOTICE LESS THAN 60 DAYS-GENERAL
2.  OPM APPROVAL FOR RIF NOTICE LESS THAN 60 DAYS-REQUEST FROM 
    HEADQUARTERS
3.  OPM APPROVAL FOR RIF NOTICE LESS THAN 60 DAYS-CONTENT OF
    AGENCY'S REQUEST
4.  OPM APPROVAL FOR RIF NOTICE LESS THAN 60 DAYS-OPM ADDRESS FOR
    SUBMITTING A REQUEST
SECTION 32.  CERTIFICATION OF EXPECTED SEPARATION, pg 139
1.  PURPOSE OF CERTIFICATION OF EXPECTED SEPARATION
2.  MAXIMUM TIME LIMIT FOR CERTIFICATION OF EXPECTED SEPARATION
3.  REQUIREMENTS FOR AGENCIES TO USE THE CERTIFICATION OF
    EXPECTED SEPARATION
4.  CONTENT OF CERTIFICATION OF EXPECTED SEPARATION
5.  A CERTIFICATION OF EXPECTED SEPARATION IS NOT A RIF NOTICE

SECTION 32.  CERTIFICATION OF EXPECTED SEPARATION (continued)
6.  NO RIGHT TO APPEAL A CERTIFICATION OF EXPECTED SEPARATION
7.  EMPLOYEES' ELIGIBILITY FOR ADDITIONAL OUTPLACEMENT ASSISTANCE
    AFTER RECEIVING A CERTIFICATION OF EXPECTED SEPARATION
SECTION 33.  REDUCTION IN FORCE APPEALS, pg 141
1.  BASIC EMPLOYEE RIGHT TO APPEAL A RIF ACTION
2.  TIME LIMITS FOR FILING AN APPEAL TO THE BOARD
3.  AGENCY NOTICE OF APPEAL RIGHTS TO EMPLOYEES
4.  CORRECTIVE ACTION ON APPEAL-ACTION REVERSED OR MODIFIED
5.  CORRECTIVE ACTION ON APPEAL-ACTION REVERSED OR MODIFIED WITH
    INTERIM RELIEF
SECTION 34.  REDUCTION IN FORCE GRIEVANCES, pg 143
1.  BASIC EMPLOYEE RIGHT TO GRIEVE A RIF ACTION
2.  TIME LIMITS FOR FILING A GRIEVANCE
3.  EXCEPTION TO THE BASIC EMPLOYEE RIGHT TO GRIEVE A RIF
    ACTION-GENERAL
4.  EXCEPTION TO THE BASIC EMPLOYEE RIGHT TO GRIEVE A RIF 
    ACTION-ELECTION OF PROCEDURE
5.  EXCEPTION TO THE BASIC EMPLOYEE RIGHT TO GRIEVE A RIF 
    ACTION-TIME LIMITS FOR ELECTION
6.  CORRECTIVE ACTION ON GRIEVANCE 
APPENDIX A.  MODULE 3 (RIF), UNIT A (REQUIRED PROCEDURES), pg 145
SECTION 15.  CREDIT FOR PERFORMANCE IN REDUCTION IN FORCE UNDER
OPM'S JANUARY 1, 1997, RETENTION REGULATIONS

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 1.  OVERVIEW OF OPM'S REDUCTION IN FORCE REGULATIONS AND
RELATED DOWNSIZING PROGRAMS
1.  REDUCTION IN FORCE RETENTION FACTORS.  OPM's reduction in
force regulations are derived from the Veterans' Preference Act
of 1944, as the law is codified in Sections 3501-3503 of title 5,
United States Code.
(a)  The law provides that OPM's reduction in force regulations
give effect to four factors in releasing employees:
(1)  Tenure (i.e., type of appointment);
(2)  Veterans' preference;
(3)  Length of service; and
(4)  Performance ratings.
o  Although the law does not assign a specific weight to any
individual factor, the relative importance of the four factors in
determining employees' retention standing is the same order
listed above (e.g., tenure is the most important factor while
performance is the least important factor).
o  OPM implements the law through regulations published in Part
351 of Title 5, Code of Federal Regulations (i.e. 5 CFR Part
351).
2.  MANAGEMENT'S RIGHT TO MAKE RIF DECISIONS (see Section 3-A-2). 
The agency has the right to decide whether a reduction in force
is necessary, when it will take place, and what positions are
abolished.  
o  The four retention factors, as implemented through OPM's
reduction in force regulations, then determine which employee is
actually reached for a reduction in force action as the result of
the abolishment of a position.

3.  USE OF RIF PROCEDURES (see paragraph 3-A-5-4).  An agency is
required to use reduction in force procedures when an employee is
faced with separation or downgrading for a specific reason,
including: 
(a)  Reorganization;
(b)  Lack of work;
(c)  Shortage of funds;
  
(d)  Insufficient personnel ceiling; 
(e)  The exercise of certain reemployment or restoration rights;
or
(f)  Furlough for more than 30 consecutive days, or more than 22
discontinuous workdays (see Module 6 for Furlough).  (A short
furlough of 30 or less consecutive days, or 22 or less
discontinuous workdays, is covered under the adverse action
procedures.)
o  In lieu of RIF procedures, an agency may always reassign an
employee to a vacant position at the same grade or pay,
regardless of where the position is located.  (See paragraph
3-A-5-2)
4.  APPLYING THE RIF REGULATIONS-COMPETITIVE AREA (see Section
3-A-7).  The competitive area sets the limits within which
employees compete for retention, and is always defined by the
agency on the basis of:
(a)  Organization; and
(b)  Geography.
o  All employees within the organizational unit and geographical
location are included in the competitive area.
(c)  OPM's standard for a minimum competitive area is an
organization in a local commuting area that is separate from
other organizations because of differences in:
(1)  Operation;

(2)  Work function;
(3)  Staff; and
(4)  Personnel management authority (i.e., the authority to take
or direct personnel actions such as establishing positions,
abolishing positions, assigning duties, etc.).
o  An Inspector General activity covered by the Inspector General
Act of 1978 (Public Law 95-452, as amended) must always be placed
in its own competitive area.
o  The fact that several activities may be serviced by the same
personnel office does not, by itself, require that they be placed
in the same competitive area.
o  An agency may establish a competitive area larger than the
minimum standard.
o  A "LOCAL COMMUTING AREA" is a geographic area that usually
includes any population center and the surrounding communities in
which people live and reasonably travel back and forth to work. 
There is no mileage standard to determine when two duty stations
would be included in the same local commuting area.
o  An agency must obtain OPM approval before changing a
competitive area definition within 90 days of a reduction in
force.
o  Some examples of a possible competitive area include:
-The entire headquarters of an agency in the same local commuting
area.
-A single bureau in the headquarters in the same local commuting
area.
-All components of a bureau nationwide.
-All components of a regional office in the same local commuting
area.
-A one-person duty station in a field location.

-All components of an organization in one or more States.
5.  APPLYING THE RIF REGULATIONS-COMPETITIVE LEVEL (see Section
3-A-8).  Within each competitive area, the agency groups
interchangeable positions into competitive levels based upon
similarity of:
(a)  Grade;
(b)  Series;
(c)  Qualifications;
(d)  Duties; and
(e)  Work tour (i.e., full-time, part-time, seasonal,
intermittent, or on-call). 
o   Competitive and excepted service positions are never placed
in the same competitive level.  
o  Separate competitive levels are then established for positions
that are:
(1)  Full-time;
(2)  Part-time;
(3)  Intermittent;
                          
(4)  Seasonal;
(5)  On-call; or
(6)  Filled as part of a formally designated trainee or
developmental program.
o  The competitive level is based on each employee's position
description, not on the employee's personal qualifications.

o  Two positions that are similar (e.g., same grade, series, work
schedule, etc.), but are not identical, may be placed in the same
competitive level if the position descriptions show that each
employee would need less than 90 days to perform the key tasks of
the other position.
o  Employees with temporary time-limited appointments in the
competitive service are not listed in the competitive level since
these employees serve at the will of the agency.  These employees
are terminated before any employee covered by OPM retention
regulations is reached for a reduction in force action.  Excepted
employees with temporary appointments are included in the
competitive level after completing more than 1 year of continuous
service.
o  Only occupied positions are included in a competitive level.
6.  APPLYING THE RIF REGULATIONS-RETENTION REGISTER (see Section
3-A-9).  After grouping interchangeable positions into
competitive levels, the agency applies the four retention factors
in establishing separate retention registers for each competitive
level that may be involved in the reduction in force.  
o  In practice, the terms "COMPETITIVE LEVEL" and "RETENTION
REGISTER" generally have the same meaning and refer to the
competitive level after an employee's retention standing is
determined.  
o  The name of each employee is listed on the retention register
in the order of his or her retention standing (i.e., the employee
with the highest standing is at the top of the register and the
employee with the lowest standing is at the bottom of the
register).  The retention register includes the name of each
employee who:
(a)  Holds a position in the competitive level;
(b)  Holds another position because of a temporary promotion from
the competitive level; or
  
(c)  Is detailed from the competitive level.
o  The four retention factors are considered in this manner:

7.  APPLYING THE RIF REGULATIONS-DETERMINING EMPLOYEES' RETENTION 
STANDING (see Section 3-A-10).  The four retention factors
required in 5 U.S.C. 3502(a) are implemented in the following
order on the retention register:
(a) TENURE (see Section 3-A-11).  Competitive service employees
are ranked on a retention register in three groups according to
their types of appointment:
(1)  GROUP I- Career employees who are not serving on probation. 
(A new supervisor or manager who is serving a probationary period
that is required on initial appointment to that type of position
is not considered to be serving on probation if the employee
previously completed a probationary period.)
(2)  GROUP II-  Career employees who are serving a probationary
period, and career-conditional employees.
(3)  GROUP III-  Employees serving under term and similar
non-status appointments.  (An employee serving under a temporary
appointment in the competitive service is not a competing
employee under OPM's reduction in force regulations and is not
listed on the retention register.
o  Retention registers for excepted positions use similar tenure
groups:
(1)  GROUP I- Includes permanent positions not subject to a time
limitation.
(2)  GROUP II-  Includes employees serving a trial period.
(3)  GROUP III-  Includes employees serving on time limited
appointments of more than 1 year, or who hold a temporary
appointment limited to 1 year and have completed more than 1 year
of continous service on similar temporary appointments.
   
(b)  VETERANS' PREFERENCE (see Section 3-A-12).  Each of these
groups is divided into  three subgroups reflecting their
entitlement to veterans' preference for retention purposes:
(1)  SUBGROUP AD- Veterans with a compensable service-connected
disability of 30% or more.
(2)  SUBGROUP A- Veterans not included in subgroup AD.

(3)  SUBGROUP B- Nonveterans.
o  By law (i.e., the Dual Compensation Act of 1964, as presently
codified in Section 3501(a) of title 5, United States Code, a
retired member of the Armed Forces is considered to be a veteran
for RIF purposes only if one of the following conditions is met:
(1)  The ARMED FORCES RETIREMENT (i.e., not benefits from the
Department of Veterans Affairs) is directly based upon a
combat-incurred disability or injury;
(2)  The Armed Forces retirement is based upon less than 20 years
of active duty;
(3)  The employee has been working for the Government since
November 30, 1964, without a break in service of more than 30
days.  However, if the employee meets condition (3), but retired
at the rank of major or higher (or equivalent), the employee must
also meet the general definition of disabled veteran in Section
2108(2) of Title 5, United States Code, in order to be a veteran
for reduction in force purposes. 
(c)  LENGTH OF SERVICE (see Section 3-A-13).  Employees are
ranked by service dates within each subgroup (i.e., the employee
with the most service is listed at the top of the subgroup, the
employee with the least service at the bottom of the subgroup).  
o  The service includes creditable civilian and military service,
and additional service credit for certain performance ratings.
(d)  PERFORMANCE (see Section 3-A-15, and Appendix Section 3-A-A).  Employees receive extra retention service credit for
performance based upon the average of their last three annual
performance ratings of record received during the 4-year period
prior to the date the agency issues specific reduction in force
notices, or the date the agency freezes ratings before issuing
reduction in force notices.  
Single Rating Pattern.  The amount of extra retention service
credit if all employees in a competitive area have received
ratings under a single pattern of summary levels (e.g., all of
the employees in the competitive area have ratings only under a
five-level pattern, or only under a two-level pattern, or under
the same three level pattern, etc.) is:

(1)  20 additional years for each performance rating of
"Outstanding" or equivalent (i.e., Level V);
(2)  16 additional years for each performance rating of "Exceeds
Fully Successful" or equivalent (i.e., Level IV); and,
(3)  12 additional years for each performance rating of "Fully
Successful" or equivalent (i.e., Level III).
o  No additional service credit is given for performance ratings
below "Fully Successful" or equivalent (i.e., Level III)
o  For example, an employee with 3 years of Federal service has
one "Outstanding" rating of record, (20), and two "Exceeds Fully
Successful" (16) ratings of record.  The employee would receive
additional reduction in force service credit based upon the three
actual ratings of record: 20 + 20 + 16 = 56, divided by 3 = 18.7,
rounded up to 19 years of additional retention credit for
performance.
Multiple Rating Patterns.  If an agency has employees in a
competitive area who have performance ratings under more than one
pattern of summary levels, the agency must consider the mix of
patterns and may provide different amounts of additional
retention service credit for employees who have the same summary
level, but are under different patterns.  The range of additional
service credit is still limited from 12 to 20 years.  
(For example, the agency may elect to provide employees who have
a Level III "Fully Successful" rating under a two-level
"Pass/Fail" pattern with 18 years of additional retention service
credit, while electing to continue providing employees who have a
Level IV "Exceeds Fully Successful" under a five-level pattern
with 16 years of additional retention service credit.)
o  Regardless of the basis that the agency computes the
additional service credit for retention, an employee is given
additional service credit based on the mathematical average
(rounded in the case of a fraction to the next whole number) of
the value of the employee's last three annual ratings.  
o  If an employee received more than three ratings during the
4-year period, the three most recent annual ratings are used. 

o  If an employee received one or two, but not three ratings of
record during the applicable 4-year period, credit is given for
performance on the basis of the actual rating(s) of record
divided by the number of actual ratings received.  (For example,
an employee who received two ratings of record of "Fully
Successful" receives the appropriate amount of additional
retention service credit divided by the two ratings.
o  If an employee received only one rating of record during the
applicable 4-year period, credit is given for performance on the
basis of the value of that one actual rating of record.
8.  APPLYING THE RIF REGULATIONS-RELEASE FROM THE COMPETITIVE
LEVEL (see Section 3-A-17).  Employees are released from the
retention register in the inverse order of their retention
standing (i.e., the employee with the lowest standing is the
first individual reached for a reduction in force action).  
o  All employees in Group III are released before employees in
Group II, and all employees in Group II are released before
employees in Group I.
o  Then within subgroups, all employees in Subgroup B are
released before employees in Subgroup A, and all employees in
Subgroup A are released before employees in Subgroup AD.
o  Any employees reached for release out of this regular order
(such as under a temporary or a continuing exception in order to
retain an employee with special skills) must be notified of the
reasons for the exception.
9. APPLYING THE RIF REGULATIONS-ASSIGNMENT RIGHTS (see Sections
3-A-18 and 3-A-19).  Competitive service employees in Groups I or
II with current performance ratings of at least "Minimally
Successful" who are reached for release from the competitive
level are entitled to an offer of assignment if they have "bump"
or "retreat" rights to an available position in the same
competitive area, and they would otherwise be separated by
reduction in force.  
o  The existence of an available position does not oblige an
agency to offer an employee a particular position; however, it
does establish the employee's right to be offered a position at
the same grade of the available position.  

o  An "AVAILABLE POSITION" must:
(1)  Last at least 3 months;
   
(2)  Not be a temporary time-limited position;
(3)  Be in the competitive service;
(4)  Be one the released employee qualifies for;
(5)  Have a pay rate which requires no reduction, or the least
possible reduction, in the employee's present grade.  (However,
an available position may not have a higher grade than the
employee's present position.);
(6)  Have the same type of work schedule (i.e., full-time,
part-time, seasonal, intermitent, on-call) as the employee's
present position; 
(7)  Be within three grades (or grade-intervals) of the
employee's present position ("Grade-Intervals" are discussed
below); and
(8)  Be held by an employee (i) in a lower retention subgroup who
is subject to "BUMP" rights, or (ii) in the same subgroup, but
with less service, and who holds a position which the employee
formerly occupied on a permanent basis (or an essentially
identical position) that is subject to "RETREAT" rights.
o  Promotion potential is not a consideration in filling a
position under OPM's reduction in force regulations.  A reduction
in force offer may have the less, more, or the same potential.
    
o  An employee with an excepted service appointment has no
assignment rights under OPM's reduction in force regulations. 
However, an agency may elect to establish its own system of
reduction in force assignment rights for its excepted employees.
o  BUMP.  Bumping means displacing an employee in a lower tenure
group, or in a lower subgroup within the released employee's own
tenure group.  Although the released employee must be qualified
for the position, it may be a position that he or she has never
held.

o  Total service is not a consideration in determining an
employee's bumping rights.
o  RETREAT.  Retreating means displacing an employee with less
service within the released employee's own tenure group and
subgroup.  The position may be up to five grades (or
grade-intervals) lower than the position held by the released
employee if he or she is a disabled veteran in Subgroup AD.  The
position must also be the same position or essentially identical
to a position held by the released employee in any Federal agency
on a permanent basis. 
o  An employee with a current annual performance rating of
"Minimally Successful" only has retreat rights to positions held
by employees with the same or lower ratings.
 
o  GRADE INTERVALS (see Sections 3-A-22 and 3-A-23).  The grade
limits of an employee's assignment rights are determined by the
position the employee holds at the time of the reduction in
force, regardless of how the employee progressed to the position. 
For example, an employee released from a GS-11 position that
progresses GS-5-7-9-11 has bump and retreat rights to positions
at GS-5.  An employee released from a GS-9 position has bump and
retreat rights to positions at GS-6.
o  The difference between successive grades in a one-grade
occupation is a grade difference, and the difference between
successive grade in a multi-grade occupation is a grade-interval
difference.    
o  VACANT POSITIONS (see Section 3-A-21).  An agency is not
required to offer vacant positions in a reduction in force, but
may choose to fill all, some, or none of them.    
o  When an agency chooses to fill a vacancy with an employee
reached for a reduction in force action, it must follow subgroup
retention standing (i.e., the "Bumping" principle applies to the
offer of the vacant position, in that the released employee in
the highest group and subgroup must receive the offer of a
position before an employee in a lower group and subgroup).  

o  The agency is not required to consider total service in
offering positions to employees in the same group and subgroup
unless the employee with the most service also formerly held the
position on a permanent basis (i.e., the "Retreating" principle
applies to the offer of the vacant position.)
o  An employee's right reduction in force assignment rights is
met if the agency offers the employee a vacant position at the
grade to which he or she has bump or retreat rights.
o  An agency may choose to waive qualifications in offering an
employee reduction in force assignment to a vacant position. 
However, the agency may not waive a minimum educational
requirement.
o  A reduction in force offer of a vacant position can only be in
the same competitive area, and must be within three grades (or
grade-intervals) of the employee's present position.
10.  APPLYING THE RIF REGULATIONS-RIF NOTICES (see Sections
3-A-28 and 3-A-29).  An agency must give each employee at least
60 days specific written notice before he or she is reached for a
reduction in force action. 
o  Employees in the Department of Defense are entitled to 120
days specific written notice in a significant reduction in force.
o  If faced with an unexpected situation, the agency may, with
OPM approval, give the employee a specific reduction in force
notice of less than 60 days or 120 days, as appropriate, but at
least 30 days, before the effective date of the reduction in
force. 
11.  RIF APPEALS AND GRIEVANCES (see Sections 3-A-31 and 3-A-32). 
An employee who has been separated, downgraded, or furloughed for
more than 30 days by RIF has the right to appeal the Merit
Systems Protection Board (MSPB) if the employee believes that the
agency did not properly follow the reduction in force
regulations.
o  The appeal must be filed during the 30-day period beginning
the day after the effective date of the reduction in force
action.

o  An employee in a bargaining unit covered by a negotiated
grievance procedure that does not exclude reduction in force must
use the negotiated grievance procedure and may not appeal the
reduction in force action to the Board unless the employee
alleges the action was based upon discrimination.  The time
limits for filing a grievance under a negotiated grievance
procedure are set forth in the collective bargaining agreement.
12.  TRANSFER OF FUNCTION (see Module 4).  A Transfer of Function
takes place when a function ceases in one competitive area and
moves to one or more other competitive areas that do not perform
the function at the time of transfer.  
o  A transfer of function also takes place when the entire
competitive area moves to another local commuting area and is not
merged with another competitive area that performs the function
at the time of transfer.
o  The gaining competitive area may be in the same or a different
agency.
o  The movement of work within a competitive area is a
reorganization.
o  An employee who is identified with the transferring function
has the right to transfer only if faced with separation or
downgrading in the competitive area that is losing the function.
o  The losing competitive area may use adverse action procedures
to separate any employee who chooses not to transfer with his or
her function.
o  An agency may not conduct a reduction in force solely to place
employees who chose not to transfer with the function to a
different local commuting area.
o  If the transfer of function results in a surplus of employees
in the gaining competitive area, all employes who elected to
transfer with the function compete under RIF regulations for
positions in the gaining competitive area.

13. PLACEMENT ASSISTANCE AND EMPLOYEE BENEFITS.  Competitive
service employees in Groups I and II who have received a specific
notice of separation by RIF are presently eligible for three
types of placement assistance in finding other positions:
(a)  REEMPLOYMENT PRIORITY LIST (see Module 6).  The RPL is
primarily a post-RIF program administered by individual agencies
that gives separated employees priority consideration over
outside applicants for positions filled by their agency.  
o  Provided that the separated employee did not refuse a
reduction in force offer of assignment to a position at the same
grade, a separated Group I employee is placed on the RPL for 2
years; a separated Group II employee is placed on the RPL for 1
year.
o  Excepted service employees who are eligible for veterans'
preference and who are separated by reduction in force are
eligible to have their names placed on a reemployment list that
gives them future consideration for excepted positions filled by
their former agency.
o  Employees may also qualify for placement assistance through
programs maintained by their agencies.  
(b)  CAREER TRANSITION ASSISTANCE PLAN (Possible new Module 7). 
CTAP is a placement program authorized under Subpart 5 CFR 330-F
of OPM's regulations.  Through CTAP, each agency must actively
assist its surplus and displaced employees, particularly
employees who may be reached for separation by reduction in
force, or by adverse action because the employee is unable to
relocate to a different local commuting area.  CTAP also provides
special selection priority to well-qualified surplus or displaced
employees who apply for agency vacancies in the local commuting
area before the agency may select any other candidate from either
within or outside the agency.  
(c)  INTERAGENCY CAREER TRANSITION ASSISTANCE PLAN (Possible new
Module 10).  ICTAP is a placement program authorized under
Subpart 5 CFR 330-G of OPM's regulations.  Through ICTAP, an
employee who applies for a position in a different agency after
being separated by reduction in force, or by adverse action
because the employee was unable to relocate to a different local
commuting area, has employment priority over other outside
candidates.  The displaced employee must be rated well-qualified,
and also must apply for the position.  

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 2.  BASIC MANAGEMENT RIGHTS IN REDUCTION IN FORCE
1.  SCOPE OF THIS SECTION.  Section 3-A-2 summarizes management's
basic right to make final decisions in the development and
implementation of reduction in force policy.  
o  The cited provisions in Section 3-A-2 do not place limitations
on management's right to make other final decisions concerning
reduction in force or related issues.  (5 CFR 351.201(a)(1))  
 
2.  BASIC RIGHT TO ORGANIZE WORKFORCE (see 3-B-2-2 for additional
information).  The agency has the responsibility to plan the work
and to organize the workforce to accomplish agency objectives
within available resources.  (5 CFR 351.201(a)(1))  
3.  RIF DECISIONS (see 3-B-2-3 for additional information).  Each
agency is responsible for deciding what positions are abolished,
whether a RIF or transfer of function is necessary, and (if
applicable) when a reduction in force or transfer of function
will take place.  (5 CFR 351.201(a)(1))  
o  This also includes the right of the agency to decide which
positions are required after a reorganization or other
organizational change, where the positions are located, and when
the positions are to be filled, abolished, or vacated.  
4.  GENERAL RIGHT OF AGENCY TO CARRY OUT OTHER PERSONNEL ACTIONS
(see 3-B-2-4 for additional information).  An agency's need to
apply reduction in force (or transfer of function) procedures
does not suspend the agency's authority and responsibility to
take other personnel actions such as reassignment, promotion,
change of duty station, or demotion for cause or unacceptable
performance.  (5 CFR 351.201(a)(1))  
o  An agency may effect other personnel actions before, during,
or after a reduction in force, or transfer of function.

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 3.  COMPLIANCE WITH OPM'S RETENTION REGULATIONS
1.  AGENCY RESPONSIBILITY (see 3-B-3-1 for additional
information).  Each agency must insure that reduction in force
actions are taken in compliance with laws, regulations, and the
terms of any negotiated bargaining agreements.  (5 CFR 351.204)
o  Each agency is responsible for assuring that the provisions of
OPM's retention regulations found in 5 CFR Part 351 (that are
derived from applicable statutes and case law) are uniformly and
consisently applied in any one reduction in force.  (5 CFR
351.204)
o  The use of reduction in force procedures to avoid required
procedures for other situations (e.g., conducting a reduction in
force rather than adverse action procedures to release an
employee with a history of conduct problems) is improper and
reflects unfavorably on the credibility of agency management and
on the RIF system.  
2.  OPM REVIEW OF AGENCY'S RIF PLANS.  OPM may examine an
agency's preparation for reduction in force at any stage.  (5 CFR
351.205)
o  If OPM finds that an agency's reduction in force preparations
are contrary to the express provisions or the spirit and intent
of the applicable regulations or would violate employee rights or
equities, OPM may recommend corrective action with respect to
those preparations.  (5 CFR 351.205)

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 4.  REDUCTION IN FORCE DEFINITIONS
1.  DEFINITIONS IN THIS MODULE.  Terms used in Module 3 are
defined as follows:
a.  ASSIGNMENT RIGHT means the right of an employee to be
assigned (by bump or retreat) in the second round of competition
to a position in a different competitive level held by an
employee with lower standing on a retention register.
b.  BUMP is the assignment of an employee to a position held by
another employee in a lower group, or in a lower subgroup within
the same tenure group.  
c.  COMPETING EMPLOYEE means an employee in tenure group I, II,
or III in either the competitive or the excepted service.  (5 CFR
351.203)  
d.  COMPETITIVE AREA means the organizational and geographical
boundaries in which employees compete in a reduction in force. 
e.  COMPETITIVE LEVEL means a group of positions in the same
grade and classification series that have similar duties and
other requirements.  
f.  COMPETITIVE SERVICE has the meaning given in 5 U.S.C. 2102.
he employee in tenure group I, II, or III in either the
competitive or the excepted service.  
g.  DAYS mean calendar days.  (5 CFR 210.102(b)(3)) 
h.  EXCEPTED SERVICE has the meaning given in 5 U.S.C. 2103.
i.  FURLOUGH under reduction in force procedures means the
placement of an employee in a temporary nonduty and nonpay status
for more than 30 consecutive calendar days, or more than 22
workdays if done on noncontinuous basis, but not more than 1 year
when the action is based on one of the reduction in force reasons
and is not in accordance with preestablished conditions of
employment.  (5 CFR 351.203)  (Section 5 CFR 351.604 covers
reduction in force furloughs; Section 5 CFR 752, Subpart D covers
adverse action furloughs of 30 days or less, or 22 workdays or
less on a noncontinuous basis.)

j.  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.  (5 CFR 351.203)
k.  NOTICE means a written communication from an agency official
to an individual employee stating that the employee will be
reached for a reduction in force action.  
l.  RATING OF RECORD, for an employee subject to 5 U.S.C. Chapter
43 or 5 CFR Part 430, means the performance rating (1) prepared
at the end of an appraisal period for performance of agency-assigned duties over the entire period and the subsequent
issuance of a summary level either within a pattern (as
authorized by 5 CFR 430.208(d)), or (2) a rating of record that
results because of a within-grade increase decision (as
authorized by 5 CFR 531.404(a)(1)). 
For an employee not subject to 5 U.S.C. Chapter 43 or 5 CFR Part
430, RATING OF RECORD means the officially designated performance
rating, as provided for in the agency's appraisal system, that is
considered to be an EQUIVALENT RATING OF RECORD under the
provisions of 5 CFR 430.201(c).  (5 CFR 351.203
m.  REORGANIZATION means the planned elimination, addition, or
redistribution of functions or duties in an organization.  (5 CFR
351.203)
n.  REPRESENTATIVE RATE means the fourth step of the grade for a
position under the General Schedule (except for the single rate
for GS-18); the prevailing rate as defined by FPM supplement 532-
1 for a position under the Federal Wage System or similar
wage-determining procedure; and for other positions, the rate
designated by the agency as representative of the position.  (5
CFR 351.203)
o.  RETENTION REGISTER is a list of competing employees within a
competitive level who are grouped by tenure, veterans preference,
and length of service augmented by performance credit.  

p.  RETENTION STANDING means an employee's relative standing on a
retention register based on tenure, veterans preference, and
length of service augmented by performance credit.
q.  RETREAT is the assignment of an employee to a position held
by another employee with lower retention standing in the same
subgroup in a different competitive level.  
r.  ROUND OF COMPETITION means the different stages of competing
for retention.  In first round competition, employees compete to
stay in the competitive level.  In the second round of
competition, employees compete for assignment to positions in
different competitive levels.
s.  SUBGROUP STANDING means the employee's relative standing on a
retention register based on tenure group and veteran preference
subgroup.  It does not take into account length of service and
performance credit. 
t.  TENURE means the period of time an employee may reasonably
expect to serve under a current appointment. 
u.  TRANSFER OF FUNCTION means: (1) the transfer of the
performance of a continuing function from one competitive area
and its addition to one or more other competitive areas, except
when the function involved is virtually identical to functions
already being performed in the other competitive area(s); or (2)
the movement of the competitive area in which the function is
performed to another local commuting area.  (5 CFR 351.203)
v.  UNDUE INTERRUPTION means a degree of interruption that would
prevent the completion of required work by the employee 90 days
after the employee has been placed in a different position in
first or second round reduction in force competition.  The 90-day
standard should be considered within the allowable limits of time
and quality, taking into account the pressures of priorities,
deadlines, and other demands.  However, a work program would
generally not be unduly interrupted even if an employee needed
more than 90 days after the reduction in force to perform the
optimal quality or quantity of work.  The 90-day standard may be
extended if placement is made in first or second round reduction
in force competition to a low priority program, or to a vacant
position.  (5 CFR 351.203)  

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 5.  COVERAGE OF OPM'S REDUCTION IN FORCE REGULATIONS
1.  OBLIGATION OF THE AGENCY TO USE RIF REGULATIONS (see 3-B-5-1
for additional information).  An agency is required to use OPM's
retention regulations only if the employee is separated,
downgraded, or placed in a nonpay status because of a reason
covered in paragraph 4 below.  (5 CFR 351.201(a)(2))
2.  AGENCY AUTHORITY TO REASSIGN (see 3-B-5-2 for additional
information).  At its discretion, an agency may reassign an
employee, without regard to reduction in force procedures, to a
vacant position at the same grade and rate of pay.  The position
may be in the same, or a different: (5 CFR 335.102)
(a)  Competitive level;
(b)  Competitive area; or
(c)  Local commuting area.
3.  OPTIONAL USE OF RIF OR REASSIGNMENT.  At its discretion, an
agency may provide an offer of a position at the same grade and
pay to an employee who is reached for a reduction in force action
by either:
(a)  Offering the employee assignment under the retention
regulations to an encumbered or a vacant position; (5 CFR
351.704(a)(1)), or
(b)  Reassigning the employee to a vacant position.  (5 CFR
335.102)
4.  RIF ACTIONS AND REASONS FOR A RIF (see 3-B-5-4 for additional
information).  A personnel action must be effected under
reduction in force procedures when both (1) the action to be
taken, and (2) the reason for the action, are covered by the
retention regulations.  (5 CFR 351.201(a)(2))  
o  An action that meets one, but not both, conditions, is not a
reduction in force action and must be taken under other
appropriate authority.  

(a)  ACTION TO BE TAKEN is release of an employee from a
reduction in force competitive level by: 
(1)  Separation; (5 CFR 351.201(a)(2))
(2)  Furlough for more than 30 days; (5 CFR 351.201(a)(2))
(3)  Demotion; (5 CFR 351.201(a)(2)), or
(4)  Reassignment requiring displacement.  5 CFR 351.201(a)(2))
(b)  REASON FOR THE ACTION is: 
(1)  Lack of work; (5 CFR 351.201(a)(2))
(2)  Shortage of funds; (5 CFR 351.201(a)(2))
(3)  Insufficient personnel ceiling; (5 CFR 351.201(a)(2))
(4)  Reorganization; (5 CFR 351.201(a)(2))
(5)  An individual's exercise of reemployment rights or
restoration rights; (5 CFR 351.201(a)(2))
or
(6)  Reclassification of an employee's position due to erosion of
duties when this action: 
(i)  will take effect after an agency has formally announced a
reduction in force in the employee's competitive area (5 CFR
351.201(a)(2)), and  
(ii)  when the reduction in force will take effect within 180
days.  (5 CFR 351.201(a)(2))
5.  ACTIONS EXCLUDED FROM RIF COVERAGE (see 3-B-5-5 for
additional information).  OPM's retention regulations do not
apply to:
(a)  The termination of a temporary or term promotion, or the
return of an employee to a position held before the temporary or
term promotion, or one of equivalent grade and pay; (5 CFR
351.202(c)(1))

(b)  A change to lower grade based on the reclassification of an
employee's position due to the application of new classification
standards or the correction of a classification error; (5 CFR
351.202(c)(2))
(c)  A change to lower grade based on the reclassification of an
employee's position due to erosion of duties, except that this
exclusion does not apply to such reclassification actions that
will take effect after an agency has formally announced a
reduction in force in the employee's competitive area and when
the reduction in force will take effect within 180 days; (5 CFR
351.202(c)(3)) 
o  This exception ends at the completion of the reduction in
force.
(d)  Placement of an employee serving on an on-call or seasonal
basis in a nonpay, nonduty status in accordance with conditions
established at time of appointment; (5 CFR 351.202(c)(6))
(e)  A change in an employee's work schedule from part-time to
full-time; (5 CFR 351.202(c)(7))
                           
o  An involuntary change from full-time to part-time is covered
by reduction in force procedures; (5 CFR 351.202(c)(7), or 
(f)  A reduction in the number of scheduled hours within a
part-time tour of duty (e.g., from 32 to 16 scheduled hours per
week).  (5 CFR 351.403(b)(4))
6.  EMPLOYEES COVERED BY OPM'S RIF REGULATIONS.  Except as noted
in paragraphs 3-A-5-7 and 3-A-5-8 below, OPM's retention
regulations apply to each Federal civilian employee:
(a)  In the executive branch of the Federal Government; (5 CFR
351.202(a)(1), and
(b)  In a position outside the executive branch that is subject
by statute to competitive service requirements or is determined
by the appropriate legislative or judicial administrative body to
be covered by the retention regulations.  (5 CFR 351.202(a)(2))

7.  MODIFICIATIONS TO GENERAL COVERAGE UNDER OPM'S RIF
REGULATIONS (see 3-B-5-7 for additional information).
(a)  Administrative law judges are subject to the modified
procedures in 5 CFR 930.  (5 CFR 351.202(a)(2))
(b)  Certain positions covered by Indian preference are subject
to modified RIF procedures pursuant to Section 472a of title 25,
United States Code.
(c)  Employees of the U.S. Postal Service who are eligible for
veterans' preference are covered by OPM's reduction in force
regulations under authority of Section 1005(a)(2) of the Postal
Reorganization Act of 1970.  
o  Postal Service employees who are not eligible for veterans'
preference are not covered by OPM's reduction in force
regulations.
8.  EMPLOYEES EXCLUDED FROM COVERAGE UNDER OPM'S RIF REGULATIONS
(see 3-B-5-8 for additional information).  OPM's retention
regulations do not apply to:
(a)  A National Guard technician.  (5 CFR 351.202(c)(5))
o  The release of a National Guard Technician is covered under
Section 709 of Title 32, U.S.C.  (5 CFR 351.202(c)(5))
(b)  A member of the Senior Executive Service (5 CFR
351.202(b)(1))
o  The reduction in force regulations do apply to an employee who
holds a Senior-level (SL) position classified above GS-15 under
authority of 5 U.S.C. 5376.  (5 CFR 534.501)
(c)  An employee in a position outside the executive branch,
except for a position that is subject by statute to competitive
service requirements, or is determined by the appropriate
legislative or judicial administrative body to be covered by the
retention regulations.  (5 CFR 351.202(a)(2))
(d)  An employee whose appointment is required by Congress to be
confirmed by, or made with the advice and consent of, the United
States Senate.  (5 CFR 351.202(b)(2))

(e)  (For additional information, see 3-B-5-8-(e))  A reemployed
civil service annuitant, unless the appointing officer determines
that an annuitant may compete under reduction in force
procedures.  (5 U.S.C. 3323(b))  
o  Under section 3323(b) of title 5, United States Code, an
annuitant serves at the will of the appointing officer and thus
may be separated at any time at the discretion of the appointing
officer.  
o  If the agency does not separate the annuitant prior to a
reduction in force, the annuitant's retention standing is
determined in the same manner as other employees' standing is
determined and the employee competes in the reduction in force.
(f)  A foreign national employee appointed under programs
authorized by section 408 of the Foreign Service Act of 1980 (22
U.S.C. 3968), which may include special plans for reduction in
force.  
o  In these plans an agency may give effect to local labor laws
and practices by supplementing the factors in the retention
regulations to the extent consistent with the public interest.  
o  There is no right to appeal actions taken under these under
these special plans to the Merit Systems Protection Board.
(g)  (For additional information, see 3-B-5-8-(g))  Health care
personnel of the Department of Veterans Affairs, Veterans Health
Services and Research Administration, who are appointed under the
authority of 38 U.S.C. 4104(1) or 38 U.S.C. 4114.
o  Under Title 38, U.S.C., there are a group of employees in the
Department of Veteran Affairs (VA) designated as "hybrids."  The
"hybrids" are excepted service employees appointed either under
38 U.S.C. 7401(3) (i.e., full-time permanent employees), or under
38 U.S.C. 7405 (i.e., part-time permanent employees).  The
hybrids compete under OPM's reduction in force regulations as
excepted service employees.

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 6.  REORGANIZATION
1.  DEFINITION (see 3-B-6-1 for additional information). 
"REORGANIZATION" means the planned elimination, addition, or
redistribution of functions or duties in an organization.  (5 CFR
351.203)
o  The agency may implement a reorganization when organization
changes actually take place, or at a later date such as during a
classification survey.
2.  USE OF RIF PROCEDURES IN REORGANIZATION (see 3-B-6-2 for
additional information).  If a reorganization results in an
employee being reached for separation or downgrading, the agency
must follow OPM's reduction in force regulations, but only at the
time of actual separation or downgrading.  (5 CFR 351.201(a)(2))
o  The agency may always reassign an employee to another position
at the same grade and avoid the use of reduction in force
procedures in a reorganization.  (5 CFR 335.102)
3.  RECLASSIFICATION DUE TO NEW CLASSIFICATION STANDARDS OR
CORRECTION OF CLASSIFICATION ERROR (see 3-B-6-3 for additional
information).  If the grade of a position must be reduced because
of the application of new OPM classification standards or the
correction of classification error, reduction in force procedures
are not applied.  (5 CFR 351.202(c)(2))
o  In these situations, the duties of the position do not change;
the grade of the position changes because of new classification
standards or the correction of classification error.  
4.  RECLASSIFICATION DUE TO JOB EROSION (see 3-B-6-4 for
additional information).  "JOB EROSION" describes a situation
where the grade of a position must be reduced because duties have
gradually drifted away through an extended erosion process.  (5
CFR 351.202(c)(3))
(a)  In job erosion cases, there is no record of:
(1)  The reason why the grade-supporting duties of a position are
no longer being performed; and
(2)  The time frame when the change to grade-controlling duties
actually occurred.

(b)  Job erosion contrasts with a reclassification due to
reorganization, where the agency carries out a planned change in
duties when the record shows:
(1)  A direct or indirect management decision resulted in the
deletion of the grade-supporting duties of a position; (5 CFR
351.201(a)(2), and
(2)  The time frame when management made this decision.  (5 CFR
351.201(a)(2)
5.  USE OF RIF PROCEDURES IN JOB EROSION SITUATIONS (see 3-B-6-5
for additional information).  OPM's reduction in force
regulations apply to job erosion reclassification actions when:
(5 CFR 351.202(c)(3))
 
(a)  The job erosion downgrading action will take effect after an
agency has formally announced a reduction in force in the
employee's competitive area; (5 CFR 351.202(c)(3)), and 
(b)  The reduction in force will occur within 180 days after the
effective date of the downgrading action.  (5 CFR 351.202(c)(3)) 
o  In deciding whether job erosion is an option, the agency must
consider whether a reduction in force has been announced, and
will take effect within 180 days, in the employee's competitive
area.  (5 CFR 351.202(c)(3))

MODULE 3 (RIF), UNIT A (REQUIRED PROCEDURES), SECTION 7. 
COMPETITIVE AREA
1.  GENERAL.  Each agency must establish competitive areas that
are the boundaries within which employees compete for retention
under reduction in force procedures.  (5 CFR 351.402(a))
(a)  Employees in a competitive area compete for retention under
OPM's reduction in force regulations only with other employees in
the same competitive area.  (5 CFR 351.402(b))  
o  Employees do not compete for retention with employees of the
agency in another competitive area.  (5 CFR 351.402(b))  
(b)  The competitive area includes all employees within the
organizational unit(s) and geographical location(s) that are
included in the competitive area definition.  (5 CFR 351.402(b))  
o  Each employee competes with all other employees in the
competitive area for positions under OPM's retention regulations. 
(5 CFR 351.402(b))  
(c)  In any one reduction in force, an agency may not use one
competitive area for the first round of competition and a
different competitive area for second rounds of competition.  (5
CFR 351.402(b))  
(d)  There is no minimum or maximum number of employees in a
competitive area.  (5 CFR 351.402(b))  
2.  BASIS FOR COMPETITIVE AREA (see 3-B-7-2 for additional
information).  An agency must define each competitive area solely
in terms of organizational unit(s) and geographical location(s). 
(5 CFR 351.402(b))
3.  COMPETITIVE AREA STANDARD FOR HEADQUARTERS ACTIVITIES (see 3-B-7-3 for additional information).  (5 CFR 351.402(b))  A minimum
headquarters competitive area may consist of any organizational
unit under separate administration within the local commuting
area.  (5 CFR 351.402(b))
o  "Separate administration" means that the organizational unit
is separately organized and clearly distinguished from other
headquarters organizational units within the same local commuting
area in regard to operation, work function, staff, and personnel
management.  (5 CFR 351.402(b))

o  "Separate Administration" for purposes of establishing
competitive areas applicable to both headquarters and field
organizations recognizes that individual organizational
components may be under separate administration even though many
agencies reserve final approval of certain personnel actions to a
higher level in the agency (e.g., classification of positions,
filling of higher-graded positions, processing of personnel
actions, etc.; additional information is found in 3-A-7-6 below). 
(5 CFR 351.402(b))
  
4.  COMPETITIVE AREA STANDARD FOR FIELD ACTIVITIES (see 3-B-7-4
for additional information).  The minimum competitive area in the
field is an activity under separate administration within the
local commuting area.  (5 CFR 351.402(b))
o  If two or more field activities are grouped at the same field
installation, but are organizationally independent and separate
from each other in operation, work function, staff, and personnel
management, each activity may properly be designated a
competitive area.  (5 CFR 351.402(b))  
o  The same general standard of "separate administration within
the local commuting area" is used to establish competitive areas
for both headquarters and field components.  (5 CFR 351.402(b))
5.  INSPECTOR GENERAL ACTIVITY.  An agency must establish a
separate competitive area for an Inspector General activity
established under authority of the Inspector General Act of 1978
(Public Law 95-452, as amended).  This competitive area only
includes employees of the Inspector General activity.  (5 CFR
351.402(d))
6.  SEPARATE ADMINISTRATIVE MANAGEMENT AUTHORITY IN COMPETITIVE
AREA DETERMINATIONS (see 3-B-7-6 for additional information).  As
used for purposes of establishing a minimum competitive area,
"SEPARATE ADMINISTRATION" is the administrative authority to take
or direct personnel actions (i.e., the authority to establish
positions, abolish positions, assign duties, etc.) rather than
the issuance or processing of the documents by which these
decisions are effected.  (5 CFR 351.402(b))  

(a)  "Separate Administration" is evidenced by the agency's
organizational manual and delegations of authority that document
where, in the organization, final authority rests to make
decisions such as establishing positions, abolishing positions,
assigning duties, etc.  This is the standard for a minimum
competitive area in a local commuting area, in either a
headquarters organization or field component.  (5 CFR 351.402(b)) 
(b)  The fact that several activities may be serviced by the same
personnel office does not, of itself, require that they be placed
in the same competitive area.  The personnel office merely
processes personnel actions rather than having final
responsibility to make decisions on whether to establish
position, abolish positions, assign duties, etc.  (5 CFR
351.402(b))  
7.  COMPETITIVE AREAS LARGER THAN THE MINIMUM STANDARD (see 3-B-7-7 for additional information).  A competitive area may be
larger than the minimum standard covered in paragraphs 3-A-7-5
and 3-A-7-6 above.  (5 CFR 351.402(b))  
o  A competitive area may not be smaller than the minimum
standard covered in 3-A-7-5 and 3-A-7-6 above.  (5 CFR
351.402(b))  
8.  LOCAL COMMUTING AREA DEFINITION (see 3-B-7-8 for additional
information).  "LOCAL COMMUTING AREA" means the geographic area
that usually includes one area for employment purposes, as
determined by the agency.  (5 CFR 351.203)
(a)  The Local Commuting Area includes any population center (or
two or more neighboring centers) and the surrounding localities
in which people live and can reasonably be expected to travel
back and forth every day to their usual employment.  (5 CFR
351.203)
o  This definition is also found in 3-A-4-1-k.
(b)  Each agency has the right and the responsibilty for defining
local commuting areas and applying this definition.  (5 CFR
351.204)
o  There is no OPM mileage standard to determine when two local
duty stations would be included in the same local commuting area.

9.  LOCAL COMMUTING AREA IN COMPETITIVE AREA DEFINITION.  When an
organization has components in more than one local commuting
area, each commuting area may be designated as a separate
competitive area.  (5 CFR 351.402(b))
  
o  When different organizations of the same agency are located in
the same local commuting area, the agency then refers to its
personnel management authority to determine what is the minimum
competitive area (see paragraph 3-A-7-6).
10.  PUBLICATION OF COMPETITIVE AREA DEFINITION.  When an agency
establishes or changes competitive areas, it must publish
descriptions of the areas or otherwise make them readily
available for review by employees and OPM.  (5 CFR 351.402(c))
11.  REQUIREMENT THAT COMPETITIVE AREA DEFINITION MUST REMAIN
UNCHANGED FOR 90 DAYS PRIOR TO RIF.  Agencies must establish
competitive areas at least 90 days prior to a reduction in force. 
(5 CFR 351.402(c))
o  Section 3-A-8 covers an agency's request to OPM for an
exception to the 90 day competitive area requirement.

MODULE 3 (RIF), UNIT A (REQUIRED PROCEDURES), SECTION 8.  REQUEST
FOR OPM APPROVAL OF A COMPETITIVE AREA CHANGE
 
1.  OPM PRIOR APPROVAL OF CHANGES TO THE COMPETITIVE AREA WITHIN
90 DAYS OF RIF-GENERAL.  When an agency changes an existing
competitive area or establishes new competitive areas less than
90 days prior to the effective date of a reduction in force, the
agency must receive OPM approval of the change before the
effective date of the reduction in force.  (5 CFR 351.402(c))
o  A new competitive area does not result from changes within an
existing competitive area such as the transfer of a function from
another competitive area prior to the effective date, or the
updating of the competitive area definition to document other
organizational changes that have taken place since the
competitive area definition was last updated.
2.  OPM PRIOR APPROVAL OF CHANGES TO THE COMPETITIVE AREA WITHIN
90 DAYS OF RIF-INFORMATION IN REQUEST TO OPM.  The agency should
submit the request to OPM as soon as possible, and should include
the following information:
(a)  Identification of the proposed competitive area including
the organizational segment, geographic location, and limits of
the local commuting area;
(b)  A description of how the proposed area differs from the one
previously established for the same unit and geographic area;
(c)  An organizational chart of the agency showing the
relationship between the organizational components within the
competitive area and other components in the commuting area;
(d)  The number of competing employees in the proposed
competitive area;
(e)  A description of the operation, work function, staff, and
personnel administration of the proposed area and, where
appropriate, a description of how the area is distinguished from
others in these respects; and
(f)  A discussion of the circumstances which led to the proposed
changes less than 90 days before a proposed reduction.

3.  OPM PRIOR APPROVAL OF CHANGES TO THE COMPETITIVE AREA WITHIN
90 DAYS OF RIF-OPM ADDRESS FOR REQUEST.  The agency should send
the request to:
     Associate Director
       Employment Service
     Office of Personnel Management
     Washington, DC 20415
o  For expedited service, agencies may FAX requests to
     Office of Personnel Management
     Workforce Restructuring Office 
     Room 6500
     Washington, DC 20415
     FAX- 202-606-2329; voice- 202-606-0960

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 9.  COMPETITIVE LEVEL
1.  GENERAL.  After establishing the competitive area, the agency
establishes competitive levels that include groups of
interchangeable positions.  (5 CFR 351.403(a))
 
o  When the four retention factors are applied (tenure, veterans'
preference, length of service, and performance ratings), the
competitive level becomes a retention register which lists
employees in the order of their relative retention standing.  (5
CFR 351.401)  
o  The terms "COMPETITIVE LEVEL" and "RETENTION REGISTER" are
generally used in reference to a final retention register without
regard to this distinction.
2.  POSITION DESCRIPTIONS ARE USED TO ESTABLISH COMPETITIVE
LEVELS (see 3-B-9-2 for additional information).  The agency
establishes competitive levels on the basis of each employee's
official position of record.  (5 CFR 351.403(a)(2))
o  Positions are not placed in competitive levels on the basis of
personal qualifications or performance levels of individual
employees.  (5 CFR 351.403(a)(2))
3.  ESTABLISHING COMPETITIVE LEVELS.  A competitive level
consists of positions in the competitive area that are:  (5 CFR
351.403(a)(1))
(a)  In the same grade (or occupational level); (5 CFR
351.403(a)(1))
(b)  In the same classification series; (5 CFR 351.403(a)(1)),
and
(c)  Similar enough in duties, qualifications requirements, pay
schedules, and working conditions, so that an agency may reassign
the incumbent of one position to any of the other positions in
the level without undue interruption.  (5 CFR 351.403(a)(1))
o  "Undue Interruption" for purposes of establishing competitive
levels is covered in paragraph 3-A-9-5 below.

4.  INTERCHANGEABLE POSITIONS ARE PLACED IN THE SAME COMPETITIVE
LEVEL.  Positions in the same competitive level are so similar
that the agency may readily assign an employee in one position to
any of the other positions in the competitive level: (5 CFR
351.403(a)(1))
(1)  Without changing the terms of the employee's appointment, (5
CFR 351.403(a)(1)), and 
(2)  Without undue interruption to the agency's work program.  (5
CFR 351.403(a)(1))
o  "Undue Interruption" for purposes of establishing competitive
levels is covered in paragraph 3-A-9-5 below.
5.  UNDUE INTERRUPTION EXPLAINED (see 3-B-9-5 for additional
information).  "UNDUE INTERRUPTION" is defined in 3-A-4-v as a
degree of interruption that would prevent the completion of
required work within the agency's allowable limits of time and
quality.  (5 CFR 351.203)
o  A work program would be subject to undue interruption if an
employee required more than 90 days after displacing a
lower-standing employee to successfully perform the essential
duties and responsibilities of the position.  (5 CFR 351.203)
o  The agency may also determine whether undue interruption would
be a consideration in 90 days or less as the result of special
work priorities or deadlines.  (5 CFR 351.203)
6.  SEPARATE COMPETITIVE LEVELS REQUIRED (see 3-B-9-6 for
additional information).  In conjunction with paragraphs 3-A-9-3
and 3-A-9-4 above, the agency must establish separate competitive
levels for certain positions:
(a) COMPETITIVE AND EXCEPTED SERVICE.  The agency must establish
separate competitive levels for positions in the competitive
service, and for positions in the excepted service.  (5 CFR
351.403(b)(1))
o  Competitive service positions which are filled by employees
who hold excepted service appointments (e.g., Veterans
Readjustment Appointments) compete for retention in the excepted
service.  (5 CFR 351.403(b)(1))

(b)  EXCEPTED SERVICE APPOINTMENT AUTHORITY.  The agency
establishes separate competitive levels for excepted service
positions filled under different appointment authorities.  (5 CFR
351.403(b)(2))
(c)  PAY SYSTEM.  The agency establishes separate competitive
levels for positions filled under different pay systems or pay
schedules.  (5 CFR 351.403(b)(3))
(d)  WORK SCHEDULE.  The agency establishes separate competitive
levels for positions filled on different work schedules:  
(1)  Full-time; (5 CFR 351.403(b)(4))
(2)  Part-time; (5 CFR 351.403(b)(4))
(3)  Intermittent; (5 CFR 351.403(b)(4))
(4)  Seasonal; (5 CFR 351.403(b)(4)), or 
(5)  On-call.  (5 CFR 351.403(b)(4))
o  There is no authority to establish separate competitive levels
based upon subsets of the five categories covered in 3-A-9-6-d-1
through 3-A-9-6-d-5 above (e.g., all seasonal employees in
otherwise interchangeable positions are placed in the same
competitive level).  The agency may not establish a competitive
level for full-time seasonal employees and a different
competitive level for part-time seasonal employees.)  (5 CFR
351.403(b)(4))
(e)  FORMALLY DESIGNATED TRAINEE OR DEVELOPMENTAL POSITIONS (see
3-B-10-6-(e) for additional information).  The agency establishes
separate competitive levels for positions filled by an employee
in a formally designated trainee or developmental program which
has the following characteristics:  (5 CFR 351.403(b)(5)
(1)  Is designed to meet the agency's needs and requirements for
the development of skilled personnel;  (5 CFR 351.702(e)(1))
(2)  Is formally designated as a trainee or developmental
program, with its provisions announced to employees and
supervisors; (5 CFR 351.702(e)(2))

(3)  Is developmental by design, offering planned growth in
duties and responsibilities and providing advancement in
recognized lines of career progression; (5 CFR 351.702(e)(3)),
and
(4)  Is fully implemented, with the participants chosen for the
program through standard selection procedures.  (5 CFR
351.702(e)(4))
7.  SEPARATE COMPETITIVE LEVELS PROHIBITED.  An agency may not
assign a position to a separate competitive level based solely
on:
(a)  The sex of an employee, except when OPM has determined that
certification of eligibles by sex is justified; (5 CFR
351.403(a)(3))
(b)  A requirement to serve a probationary period for initial
appointment to a supervisory or managerial position; (5 CFR
351.403(b)(5))
(c)  A difference in the number of hours or weeks scheduled to be
worked by other-than-full-time employees who otherwise would be
in the same competitive level; (5 CFR 351.403(c)(1))
(d)  A requirement to work changing shifts; (5 CFR 351.403(c)(2))
(e)  The grade promotion potential of the position.  (5 CFR
351.403(c)(3)), or
(f)  A difference in the local wage areas in which wage grade
positions are located.  (5 CFR 351.403(c)(4))

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 10.  ESTABLISHING RETENTION REGISTERS 
1.  GENERAL (see 3-B-10-1 for additional information).  The
"RETENTION REGISTER" applies the four retention factors required
by law in 5 U.S.C. 3502(a) (i.e., tenure, veterans' preference,
length of service, and performance ratings) to the competitive
level.  (5 CFR 351.404(a))
o  A RETENTION REGISTER lists competing employees (i.e., defined
in 5 CFR 351.203 as an employee in Tenure Group I, II, or III) in
the order of their relative retention standing in a single
competitive level.  (5 CFR 351.404(a))  
2.  EMPLOYEES LISTED ON THE RETENTION REGISTER (see 3-B-10-2 for
additional information).  The retention register includes the
name of each competing employee who holds an official position of
record in the competitive level and is:
(a)  Serving in that position; (5 CFR 351.404(a)(1))
(b)  Temporarily promoted from the competitive level by either
temporary promotion or term promotion; (5 CFR 351.404(a)(2)), or
  
(c)  Detailed from the competitive level under 5 U.S.C. 3341 or
other authority.  (5 CFR 351.404(a)(3))
3.  EMPLOYEES NOT LISTED ON THE RETENTION REGISTER BECAUSE OF
RESTORATION RIGHTS BASED ON SERVICE IN THE ARMED FORCES.  The
retention register does not include the name of a competing
employee on military duty with a restoration right to the
competitive level.  (5 CFR 351.404(a))
o  The employee does not compete for retention because of the
restoration right under 5 CFR 353.
4.  EMPLOYEES LISTED APART FROM THE RETENTION REGISTER (reference
3-B-10-4 for additional information).  Employees holding certain
positions in a competitive level do not compete for retention in
that competitive level.  
(a)  The agency first enters on a separate list the name of each
employee who is serving in the competitive level under a: 
(1)  Time limited appointment; (5 CFR 351.404(b)(1)) 

(2)  Term promotion; (5 CFR 351.404(b)(1)), or
(3)  Temporary promotion.  (5 CFR 351.404(b)(1)) 
(b)  The agency enters on a separate list the name of each
employee who holds an official position of record in the
competitive level and has received a final written decision under
5 CFR Part 432 ("Performance Based Reduction in Grade and Removal
Actions") of:
(1)  Removal because of "Unacceptable" or equivalent performance;
(5 CFR 351.404(b)(2)), or
(2)  Demotion because of "Unacceptable" or equivalent
performance.  (5 CFR 351.405) 
o  An employee who has received a written decision of demotion
under 5 CFR Part 432 competes for retention from the position to
which the employee will be, or has been, demoted.  (5 CFR
351.405) 
(c)  The agency enters on a separate list the name of each
employee who holds an official position of record in the
competitive level and has received a final written decision under
5 CFR Part 752 ("Adverse Action") of:
(1)  Removal; (5 CFR 351.404(b)(2)), or
(2)  Demotion.  (5 CFR 351.405) 
o  An employee who has received a written decision of demotion
under 5 CFR Part 752 competes for retention from the position to
which the employee will be, or has been, demoted.  (5 CFR
351.405) 

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 11.  DETERMINING EMPLOYEES' RETENTION STANDING 
1.  GENERAL.  The four retention factors required in 5 U.S.C.
3502(a) are implemented in the following order on the retention
register: (5 CFR 351.501(a))
(a)  TENURE is the first factor and is implemented through three
"Tenure Groups" on the retention register;  (5 U.S.C. 3502(a)(1))
(b)  VETERANS' PREFERENCE is the second factor and is implemented
through three "Tenure Subgroups" on the retention register; (5
U.S.C. 3502(a)(2)) 
(c)  SERVICE is the third factor and is implemented through each
employee's "Service Computation Date" on the retention register;
(5 U.S.C. 3502(a)(3)), and 
(d)  PERFORMANCE is the fourth factor and is implemented through
additional service added for retention to the employee's Service
Computation Date on the retention register.  (5 U.S.C.
3502(a)(4)) 
2.  ORDER OF EMPLOYEES ON THE RETENTION REGISTER.  The agency
lists competing employees on the retention register in the
following order:
(a)  TENURE GROUPS.  The order of the three retention Tenure
Groups on the retention register is: 
(1)  Group I; (5 CFR 351.501(a)(1))
(2)  Group II; (5 CFR 351.501(a)(1)), and 
(3)  Group III.  (5 CFR 351.501(a)(1))
(b)  TENURE SUBGROUPS.  The order of the three veterans'
preference retention Tenure Subgroups on the retention register
is: 
(1)  Subgroup AD; (5 CFR 351.501(a)(2)
(2)  Subgroup A; (5 CFR 351.501(a)(2), and
(3)  Subgroup B.  (5 CFR 351.501(a)(2)

(c)  SERVICE CREDIT.  Within each subgroup, the agency first
establishes a service computation date for each competing
employee.  (5 CFR 351.503(a))
(d)  PERFORMANCE.  Then within each subgroup, the agency adds
additional service credit for performance, listing the employee
with the earliest service date at the top of the subgroup.  (5
CFR 352.501(a)(3))

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 12.  RETENTION TENURE GROUPS
1.  GENERAL.  Tenure is one of the four retention factors
required in 5 U.S.C. 3502(a).  (5 U.S.C. 3502(a)(1))
2.   TENURE GROUPS-COMPETITIVE SERVICE (see 3-B-12-2-(c) for
additional information).  Competitive service tenure groups are
defined to provide that:
(a)  GROUP I includes each career employee who is not serving a
probationary period for appointment to a competitive position. 
(5 CFR 351.501(b)(1)
o  An employee serving a probationary period required by 5 CFR
315-I for a supervisory or managerial position does not affect
the tenure group designation.  (5 CFR 351.501(b)(1)
o  The following employees are in Group I as soon as they
complete any required probationary period for initial
appointment:
(1)  An appointment for whom substantial evidence exists of
eligibility to immediately acquire status and career tenure and
whose case is pending final resolution by OPM (including cases
under Executive Order 10826 to correct certain administrative
errors); (5 CFR 351.501(b)(1)(i))
(2)  An employee who acquires competitive status and satisfies
the service requirement for career tenure when his or her
position is brought into the competitive service; (5 CFR
351.501(b)(1)(ii)
(3) An administrative law judge; (5 CFR 351.501(b)(1)(iii)
(4) An employee appointed under 5 U.S.C. 3104 (which provides for
the employment of specifically qualified scientific and
professional personnel) or a similar authority; (5 CFR
351.501(b)(1)(iv), and
(5) An employee who acquires status under 5 U.S.C. 3304(c) on
transfer to the competitive service from the legislative or
judicial branch of the Federal Government.  (5 CFR
351.501(b)(1)(v)

(b)  GROUP II includes: 
(1)  Each career-conditional employee; (5 CFR 351.501(b)(2))
(2)  Each employee serving a probationary period for initial
appointment to a competitive position; (5 CFR 351.501(b)(2)), and
(3)  An employee is in Group II when substantial evidence exists
of eligibility to immediately acquire status and
career-conditional tenure and the employee's case is pending
final resolution by OPM (including cases under Executive Order
10826 to correct certain administrative errors).  (5 CFR
351.501(b)(2))
(c)  GROUP III includes each employee serving under: 
(1)  Indefinite appointment; (5 CFR 351.501(b)(3)
(2)  Temporary appointment pending establishment of a register
(TAPER); (5 CFR 351.501(b)(3)
(3)  (See 3-B-12-2-(c) for additional information)  Term
appointment; (5 CFR 351.501(b)(3)
(4)  Status quo appointment; (5 CFR 351.501(b)(3)
(5)  A provisional appointment (see 3-A-12-2-d below); (5 CFR
316.401), 
(6)  Any other nonstatus nontemporary appointment.  (5 CFR
351.501(b)(3)
(d)  A competitive service employee serving under a temporary 
limited appointment is not in tenure Group III and is not a
competing employee, except when the employee serves in a
provisional appointment that was: (5 CFR 351.501(b)(3)
(1)  Granted by OPM; (5 CFR 351.501(b)(3), or 
(2)  Made under an authority established by law, Executive order,
or regulation (see 5 CFR 316.401 and 351.501(b)(3)).

3.  TENURE GROUPS-EXCEPTED SERVICE (see 3-B-12-3) for additional
information).  Excepted service tenure groups are defined to
provide that:
 
(a)  GROUP I includes each permanent employee whose appointment
carries no restriction or condition such as conditional,
indefinite, specific time limit, or trial period; (5 CFR
351.502(b)(1))
(b)  GROUP II includes each employee: 
(1)  Serving a trial period; (5 CFR 351.502(b)(2)(ii)), or
(2)  Whose tenure is equivalent to a career-conditional
appointment in the competitive service in agencies having these
appointments.  (5 CFR 351.502(b)(2)(iii))
o  See 3-B-12-3-(b)-(2) for additional information.
(c)  GROUP III includes each employee:
(1)  With indefinite tenure (i.e., without specific time limit,
but not actually or potentially permanent); (5 CFR
351.502(c)(3)(i))
(2)  Under an appointment with a specific time limitation of more
than 1 year; (5 CFR 351.502(c)(3)(ii)), or
o  See 3-B-12-3-(c)-(2) for additional information.
(3)  Who is currently serving under a temporary appointment
limited to 1 year, but has completed one year of current
continuous service under a temporary appointment with no break in
service of 1 workday or more.  (5 CFR 351.502(c)(3)(iii))
o  See 3-B-12-3-(c)-(3) for additional information.
    
MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 13.  VETERANS' PREFERENCE IN REDUCTION IN FORCE
1.  RETENTION SUBGROUPS.  Veterans' preference is one of the four
retention factors required in 5 U.S.C. 3502(a).  (5 U.S.C.
3502(a)(2))
2.  EMPLOYEES INCLUDED IN RETENTION SUBGROUPS.  Within each of
the three tenure groups on a retention register, the names of
competing employees are placed in veterans' preference subgroups:
(a)  SUBGROUP AD includes each veterans' preference eligible
employee who has a compensable service-connected disability of 30
percent or more.  (5 CFR 351.501(c)(1))
(b)  SUBGROUP A includes each veterans' preference eligible
employee not in subgroup AD, including all employees eligible for
derivative preference under 5 U.S.C. 2108(3)(D)-(G)).  (5 CFR
351.501(c)(2))
(c)  SUBGROUP B includes each employee not eligible for veterans'
preference.  (5 CFR 351.501(c)(3))
3.  GENERAL ELIGIBILITY FOR VETERANS' PREFERENCE (see 3-B-13-3
for additional information).  Veterans' preference for civil
service purposes is authorized by 5 U.S.C. 2108.  (5 CFR Part
211)
(a)  The Dual Compensation Act of 1964, as codified in 5 U.S.C.
3501(a) and 3502(a)(A) and (B), places additional limitations
upon retired members of the Armed Forces that restricts both
eligibility for retention preference, and the crediting of
service in the Armed Forces for retention.  (5 CFR 351.501(d))
o  See paragraphs 3-A-13-8 and 3-A-13-9 below for additional
information on the application of the Dual Compensation Act upon
retention preference.
  
o  Except for employees who are retired members of the Armed
Forces, an employee who is eligible for veterans' preference for
purposes of initial appointment to the Federal service is also
eligible for veterans' preference under OPM's reduction in force
regulations.    

(b)  Sections 3-A-13 and 3-B-13 of the Restructuring Information
Handbook have basic information on the application of veterans'
preference for retention.  However, in making an official
determination of whether an employee is entitled to veterans'
preference for retention, or to determine whether an employee's
service in the Armed Forces is creditable for retention, refer to
the applicable OPM Operating Manual, "THE GUIDE TO PROCESSING
PERSONNEL ACTIONS," (which was formerly Federal Personnel Manual
Supplement 296-33):
4.  DISABLED VETERAN.  A "DISABLED VETERAN" is defined in section
2108(2) of title 5, United States Code, and further implemented
through 5 CFR 211.102(b)), as an individual who:
(a)  Served on active duty in the Armed Forces; (5 U.S.C.
2108(2))
(b)  Was separated from the Armed Forces under honorable
conditions; and presently receives either; 
(1)  A service-connected disability; (5 U.S.C. 2108(2)), or
(2)  Compensation, disability retirement benefits, or a pension
from the Department of Veterans Affairs, or the Armed Forces.  (5
U.S.C. 2108(2))
5.  ELIGIBILITY FOR VETERANS' PREFERENCE WHEN INITIAL ENTRY INTO
THE ARMED FORCES TOOK PLACE BEFORE OCTOBER 15, 1976.  If the
employee initially entered the Armed Forces before October 15,
1976, "Veteran" means an individual who served on active duty in
the Armed Forces:  (5 CFR 211.102(a))
(a)  During a war; (5 U.S.C. 2108(1)(A))
(b)  In a campaign or expedition for which a campaign badge has
been authorized; (5 U.S.C. 2108(1)(A))
(c)  During the period from April 28, 1952, through July 1, 1955;
(5 U.S.C. 2108(1)(A)); or
(d)  For more than 180 consecutive days, any part of which the
employee served from February 1, 1955, through October 14, 1976. 
(5 U.S.C. 2108(1)(B))  

6.  ELIGIBILITY FOR VETERANS' PREFERENCE WHEN INITIAL ENTRY INTO
THE ARMED FORCES TOOK PLACE ON OR AFTER OCTOBER 15, 1976.  If the
employee initially entered the Armed Forces on or after October
15, 1976, "VETERAN" means an individual who served on active duty
in the Armed Forces, and:
(a)  Is a disabled veteran (5 U.S.C. 2108(3)(C)); or  
(b)(1)  Served in a campaign or expedition for which a campaign
badge has been authorized; (5 U.S.C. 2108(1)(A)), and
(2)  As provided in 38 U.S.C. 5303(a), medal holders who
initially enlisted in the Armed Forces after September 7, 1980,
or who entered on active duty after October 13, 1982, must have
served continuously for 24 months, or the full period called or
ordered to active duty.  
o  The service requirement does not apply to veterans with
compensable service-connected disabilities, or to veterans
separated for disability in the line of duty, or for hardship.
(3)  Section 1102 of Title XI of Public Law 105-85, approved and
effective November 18, 1997, extends veterans' preference to
other eligible nondisabled veterans who served on active duty in
the Armed Forces during the period beginning August 2, 1990, and
ending January 2, 1992; however, the individual must still meet
other conditions set forth in statute (e.g., the general
requirement for 24 months continuous service, or service for the
full period called or ordered to active duty, as covered in 3-A-6-(b)-(2) above.
o  Section 1102 of Title XI of Public Law 105-85 did not extend
veterans' preference for retention to retired members of the
Armed Forces who are excluded from preference by the Dual
Compensation Act of 1964, as codified in 5 U.S.C. 3501(a).  (For
additional information on the Dual Compensation Act's limits on
the application of veterans' preference to retired members of the
Armed Force, refer to paragraph 3-A-13-8 below.)

7.  ELIGIBILITY FOR VETERANS' PREFERENCE BASED ON DERIVATIVE
PREFERENCE (see 3-B-13-7 for additional information).  Veterans'
preference also extends to four types of employees who are
eligible for derivative preference, which is retention subgroup
"A":  (5 CFR 211.102(c))
(a)  The unmarried widow or widower of a veteran, as defined in 5
U.S.C. 2108(1)(A); (5 U.S.C. 2108(3)(D)),
(b)  The spouse of a service-connected disabled veteran, as
defined in 5 U.S.C. 2108(2), who has been unable to qualify for a
Federal position; (5 U.S.C. 2108(E)),
(c)  The mother of a veteran who died in a war or campaign,
provided that the mother also meets other statutory conditions;
(5 U.S.C. 2108(F)), or 
(d)  The mother of a permanently disabled veteran, provided that
the mother also meets other statutory conditions.  (5 U.S.C.
2108(G))
8.  ELIGIBILITY FOR VETERANS' PREFERENCE WHEN THE EMPLOYEE IS
RETIRED FROM THE ARMED FORCES (see 3-B-13-8 for additional
information).  A section of the Dual Compensation Act of 1964 (5
U.S.C. 3501(a)) limits veterans' preference for retired members
of the Armed Force.  
(a)  Under the Dual Compensation Act, an employee who is a
retired member of the Armed forces is eligible for veterans'
preference for retention purposes if the employee's retirement
from the Armed Forces is based on a disability that either:
(1)  Resulted from injury or disease received in the line of duty
as a direct result of armed conflict (5 U.S.C. 3501(a)(3)(A)(i));
5 CFR 351.501(d)(1)(ii)), or,
(2)  Was caused by an instrumentality of war, and was incurred in
the line of duty during a period of war as defined by sections
101 and 301 of title 38, United States Code.  (5 U.S.C.
3501(a)(3)(A)(ii); 5 CFR 351.501(d)(1)(ii))

(b)  Under the Dual Compensation Act, an employee who is a
retired member of the Armed forces is eligible for veterans'
preference for retention purposes if the employee's retired pay
from a uniformed service is not based on 20 or more years of
full-time active service, regardless of when performed but not
including periods of active duty for training.  (5 U.S.C.
3501(a)(3)(B); 5 CFR 351.501(d)(2))
(c)  Under the Dual Compensation Act, an employee who is a
retired member of the Armed forces is eligible for veterans'
preference for retention purposes if the employee has been
continuously employed in a position covered by OPM's retention
regulations since November 30, 1964, without a break in service
of more than 30 days (5 U.S.C. 3501(a)(3)(C); 5 CFR
351.501(d)(3)), and either:
(1)  Retired at the rank of major (or equivalent) or higher, and
is a disabled veteran, as defined in 5 U.S.C. 2108(2); (5 U.S.C.
2108(4)(A); 5 CFR 351.501(d)(4)), or
(ii)  Retired below the rank of major (or equivalent) (5 U.S.C.
2108(4)(B); 5 CFR 351.501(d)(4)). 
9.  ELIGIBILITY FOR VETERANS' PREFERENCE WHEN THE EMPLOYEE IS
RETIRED FROM THE ARMED FORCES AS A TITLE 10 RESERVIST (see 3-B-13-9 for additional information.  A veteran who becomes eligible
for retired pay at age 60 as a reservist under authority of
chapter 67 of title 10, United States Code, is not subject to the
Dual Compensation Act of 1964 because the retirement from the
Armed Forces is based on less than 20 years creditable active
service.  (5 CFR 351.501(d)(5))
(a)  To retain retention preference at at age 60, the reservist
must have either:
(1)  Retired at the rank of major (or equivalent) or higher, and
be a disabled veteran, as defined in 5 U.S.C. 2108(2); (5 U.S.C.
2108(4)(A)); 5 CFR 351.501(d)(5)), or
(2)  Retired below the rank of major (or equivalent).  (5 U.S.C.
2108(4)(B); 5 CFR 351.501(d)(5))

(b)  The reservist is eligible for veterans' preference only if
the employee meets the applicable Armed Forces service
requirements covered in, as appropriate, paragraphs 3-A-13-3 or
3-A-13-4 above.  5 CFR 351.501(d)(5))
o  If the employee meets the requirements for veterans'
preference, the reservist is always eligible for veterans'
preference in reduction in force until age 60 when the Armed
Forces retirement pay commences.  (5 CFR 351.501(d)(5))

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 14.  SERVICE CREDIT IN REDUCTION IN FORCE
1.  GENERAL.  "LENGTH OF SERVICE" is one of the four retention
factors required in 5 U.S.C. 3502(a).  (5 U.S.C. 3502(a)(3))
o  As covered in Section 3-A-13, employees are listed on a
retention register within veteran preference subgroups by length
of service, in descending order starting with the earliest
service date.
2.  RESPONSIBILITY OF THE AGENCY TO DETERMINE EMPLOYEES'
RETENTION SERVICE DATES.  The agency is responsible for
determining each employee's service date for retention.  (5 CFR
351.503(a))
o  The agency is also responsible, if necessary, for correcting
the service date of an employee to withhold retention service
credit for noncreditable service.  (5 CFR 351.503(d))
3.  CREDITABLE SERVICE FOR RETENTION (see 3-B-14-3 for additional
information).  Employees receive retention service credit for:
(a)  All civilian service performed as a Federal employee, as
defined in 5 U.S.C. 2105(a); (5 U.S.C. 3502(a)(3); 5 CFR
351.503(b)), and
(b)  All active duty performed in a uniformed service, except as
restricted by the Dual Compensation Act of 1964 for certain
members of the Armed Forces who are receiving retired pay.  (5
U.S.C. 3502(a)(A) and (B); 5 CFR 351.503(b))   
o  Paragraph 3-A-14-5 below covers how agencies determine the
retention service date for retired members of the Armed Forces. 
4.  DETERMINING THE EMPLOYEE'S SERVICE DATE (see 3-B-14-4 for
additional information).  An employee's service date under the
reduction in force regulations is one of the three following
dates:
(a)  If the employee has no previous creditable service, the date
that the employee entered on duty; (5 CFR 351.601(b)(1))

(b)  If the employee has previous creditable service, the date
obtained by subtracting the employee's total previous creditable
service from the date that the employee last entered on duty; (5
CFR 351.601(b)(2)), or
(c)  Whether or not the employee has previous creditable service,
the date obtained by subtracting from the applicable date above
any retention service credit based on performance to which the
employee is entitled under 5 CFR 351.504.  (5 CFR 351.601(b)(3))
5.  DETERMINING THE SERVICE DATE OF RETIRED MEMBERS OF THE ARMED
FORCES (see paragraph 3-B-14-5 for additional information).  The
Dual Compensation Act of 1964 limits the amount of military
service that most retired members of the Armed Forces may credit
under OPM's reduction in force regulations.  (5 U.S.C.
3502(a)(B))
(a)  If the retired member of the Armed Forces is not eligible
for veterans' preference under OPM's reduction in force
regulations, the employee receives retention credit only for
creditable active military service: (5 CFR 351.503(c)(1)) 
(1)  during a war; (5 U.S.C. 3501(a)(B)(i)), or
(2)  actually performed in a campaign or expedition for which a
campaign badge has been authorized.  (5 U.S.C. 3501(a)(B)(i))
                         
(b)  If the retired member of the Armed Forces is eligible for
veterans' preference under OPM's reduction in force regulations,
the employee receives retention credit for all creditable active
military service.  (5 U.S.C. 3501(a)(B)(ii); 5 CFR 351.503(c)(2)) 
o  See paragraphs 3-A-13-8 through 3-A-13-9 for specific
information on determining veterans' preference eligiblity for
retired members of the Armed Forces.
6.  ADDITIONAL INFORMATION ON CREDITABLE SERVICE.  For detailed
information on determining creditable service under the reduction
in force regulations, and related topics such as setting service
computation dates, and making adjustments for noncreditable
service, refer to  the OPM Handbook, "THE GUIDE TO PROCESSING
PERSONNEL ACTIONS" ( which was formerly Federal Personnel Manual
Supplement 296-33).

MODULE 3 (RIF), UNIT A (REQUIRED PROCEDURES), SECTION 15.  CREDIT
FOR PERFORMANCE IN REDUCTION IN FORCE UNDER OPM'S NOVEMBER 24,
1997, RETENTION REGULATIONS  
1.  GENERAL.  "PERFORMANCE" is one of the four retention factors
required in 5 U.S.C. 3502(a).  (5 U.S.C. 3502(a)(4))
2.  EFFECTIVE DATE FOR THE REVISED RIF REGULATIONS COVERING
RETENTION SERVICE CREDIT FOR PERFORMANCE.  OPM published final
retention regulations in the Federal Register on November 24,
1997, with revised procedures on the crediting of employees'
performance ratings in reduction in force.  (62 FR 62495)
(a)  In a Note to revised 5 CFR 351.504, OPM states that subject
to the requirements of 5 U.S.C. 7116(a)(7), agencies may
implement revised 5 CFR 351.504 with these new performance
provisions at any time between December 24, 1997, and October 1,
1998.  
(1)  Section 5 U.S.C. 7116(a)(7) provides that "For purposes of
this chapter (i.e., Chapter 71 of Title 5, U.S.C., "Labor-Management Relations"), it shall be an unfair labor practice for
an agency--(7) to enforce any rule or regulation (other than a
rule or regulations implementing section 2302 of this title)
which is in conflict with any applicable collective bargaining
agreement if the agreement was in effect before the date the rule
or regulation was prescribed."
(2)  This Section 15, Unit A, of Module 3 (i.e., Section 3-A-15)
covers retention credit for performance based upon the
regulations OPM published on November 24, 1997.
(b)  For reduction in force actions effective between December
24, 1997, and September 30, 1998, agencies may use either 5 CFR
351.504 effective December 24, 1997, or the prior 5 CFR 351.504
in 5 CFR part 351 (January 1, 1997, edition).
(1)  Appendix A in Module 3, Unit A, includes the prior Section
15, Unit A, of Module 3 covering retention credit for performance
based upon the regulations in effect on January 1, 1997.
3.  TIME PERIOD COVERED BY EMPLOYEES' RATINGS OF RECORD.  Each
employee receives additional retention service credit for
performance based upon the average of the employee's three most
recent ratings of record received during the 4-year period prior
to the date that the agency either:

(a)  Issues specific reduction in force notices; (5 CFR
351.504(b)(1)), or 
(b)  Freezes ratings before issuing specific reduction in force
notices (see paragraph 3-A-8 below).  (5 CFR 351.504(b)(2))  
4.  RATINGS USED FOR RIF PURPOSES (see 3-B-15-4 for additional
information).  Only ratings of record as defined in 5 CFR 351.203
may be used as the basis for granting retention service credit in
a reduction in force.  (5 CFR 351.504(a)(1))
o  Paragraphs 3-A-15-6 and 3-A-15-7 cover the applicable
definitions of "RATING OF RECORD."
o  The agency must identify a competing employee's current rating
of record not only for crediting additional retention service,
but also for determining the employee's potential "Bump" and
"Retreat" rights to other positions (see 3-A-18-2-(c) and
3-A-19-2 for additional information on the use of ratings of
record in determining employees' assignment rights).
(a)  "CURRENT RATING OF RECORD" is the rating of record for the
most recently completed appraisal period, as provided in 3-A-6-a
below.  (5 CFR 351.203)
o  There is no authority for an agency to issue a retroactive
rating of record for RIF purposes if the employee lacks three
actual ratings of record during the 4-year period.  
(b)  (See 3-B-15-4-(b) for additional information.)
"MODAL RATING" is the summary rating level assigned most
frequently among the actual ratings of record that are:
(1)  Assigned under the summary level pattern that applies to the
employee's position of record on the date of the reduction in
force; (5 CFR 351.203)
(2)  Given within the same competitive area, or at the agency's
option within a larger subdivision of the agency or agencywide;
(5 CFR 351.203), and
     
(3)  On the record for the most recently completed appraisal
period prior to the date of issuance of reduction in force
notices, or the cutoff date the agency specifies prior to the
issuance of notices after which no new ratings will be put on
record.  (5 CFR 351.203) 

5.  RATINGS IN OTHER AGENCIES (see 3-B-15-4 for additional
information).  Regardless of whether the employee's service
occurred in the present or a former agency, the employee's actual
ratings of record are used to the extent they are available.  (5
CFR 351.504(b)(1))  
o  If ratings in a prior agency are not available in the
employee's official records, the current employing agency can
accept the employee's copies of ratings of record for this
purpose.
6.  RATING OF RECORD-EMPLOYEES COVERED BY 5 U.S.C. CHAPTER 43 OR
5 CFR 430.  For an employee covered by 5 U.S.C. Chapter 43 or by
5 CFR Part 430, "RATING OF RECORD" for purposes of OPM's
retention regulations uses the definition covered in 5 CFR
430.203.  (5 CFR 351.203)
(a)  In Section 5 CFR 430.203, "RATING OF RECORD means the
performance rating prepared at the end of an appraisal period for
performance of agency-assigned duties over the entire period, and
the assignment of a summary level within a pattern (as specified
in 5 CFR 430.208(d), or (2) in accordance with 5 CFR
531.404(a)(1) of Chapter I of Title 5 CFR.  These constitute
official ratings of record referenced in Chapter I of Title 5
CFR."  (5 CFR 430.203)
(b)  Employees who received ratings of record while covered by 5
CFR Subpart 430-B receive additional retention service credit
based upon those ratings.  (5 CFR 351.504(a)(2))
7.  RATING OF RECORD-EMPLOYEES NOT COVERED BY 5 U.S.C. CHAPTER 43
OR 5 CFR 430 (see 3-B-15-7 for additional information).  For an
employee who is not covered by 5 U.S.C. Chapter 43 or by 5 CFR
Part 430, "RATING OF RECORD" for purposes of OPM's retention
regulations means the officially designated performance rating,
as provided for in the agency's appraisal system, that is
considered to be an equivalent rating of record under the
provisions of 5 CFR 430.201(c).  (5 CFR 351.203)
(a)  Employees who received ratings of record while not covered
by 5 U.S.C. Chapter 43, and by 5 CFR Subpart 430-B, receive
additional retention service credit based upon those ratings only
if the agency conducting the reduction in force determines that
the ratings are "EQUIVALENT RATINGS OF RECORD" under the
provisions of 5 CFR 351.201(c).  (5 CFR 351.504(a)(3))

(b)  Section 5 CFR 430.201(c) defines "EQUIVALENT RATINGS OF
RECORD" to include 3-A-15-7-(c), (d), and (e) below.  (5 CFR
430.201(c)(1))  
(c) If an agency has administratively adopted and applied the
procedures of subpart 5 CFR 430-B to evaluate the performance of
its employees, the ratings of record resulting from that
evaluation are considered "EQUIVALENT RATINGS OF RECORD" for
reduction in force purposes.  (5 CFR 430.201(c)(1))
(d) Other performance evaluations given while an employee is not
covered by the provisions of subpart 5 CFR 430-B are considered
ratings of record for reduction in force purposes when the
performance evaluation: (5 CFR 430.201(c)(2))
(1)  Was issued as an officially designated evaluation under the
employing agency's performance evaluation system; (5 CFR
430.201(c)(2)(i))
(2)  Was derived from the appraisal of performance against
expectations that are established and communicated in advance and
are work related; (5 CFR 430.201(c)(2)(ii)), and
(3) Identified whether the employee performed acceptably.  (5 CFR
430.201(c)(2)(iii))
(e) When the performance evaluation does not include a summary
level designator and pattern comparable to those established at 5
CFR 430.208(d), the agency may identify a level and pattern based
on information related to the appraisal process.  (5 CFR
430.201(c)(2))
8.  AVAILABILITY OF RATINGS (see 3-B-15-8 for additional
information).  To be creditable for reduction in force purposes,
ratings of record must have been issued to the employee, with all
appropriate reviews and signatures, and must also be on record. 
(5 CFR 351.504(b)(3))
(a)  This means that the rating was:
(1)  Issued to the employee; (5 CFR 351.504(b)(3))
(2)  Returned with all appropriate reviews and signatures; (5 CFR
351.504(b)(3)), and

(3)  On record and available for use by the office responsible
for preparing retention registers (i.e., the rating of record is
final and has been entered into the agency's personnel records
system).  (5 CFR 351.504(b)(3))
(b)  Agencies must ensure that ratings of record are issued in
accordance with established schedules and forwarded to the
appropriate office on a timely basis.  (5 CFR 351.504(b)(3))
(c)  Since rating procedures may vary, each agency must set its
own internal policy for processing ratings and putting them on
record for reduction in force purposes; this policy must be:
(1)  Included in the agency's appropriate issuances that
implement these performance management policies; (5 CFR
351.504(b)(4)); and, 
(2)  Applied on a uniform and consistent basis in the competitive
area where the reduction in force will take place.  (5 CFR
351.504(b)(4))
(d)  The agency's appropriate issuances that implement its
performance management policies under 3-A-15-8-(c) above must
specify:
(1)  The conditions under which a rating of record is considered
to have been received for purposes of determining whether it is
within the 4-year period prior to either the date the agency
issues reduction in force notices or the agency-established
cutoff date for ratings of record, as appropriate; (5 CFR
351.504(b)(4)(i)), 
(2)  If the agency elects to use a cutoff date, the number of
days prior to the issuance of reduction in force notices after
which no new ratings of record will be put on record and used to
determine employees' retention standing; (5 CFR
351.504(b)(4)(ii)), and 
o  Paragraph 3-A-15-9 below contains additional information on
freezing ratings of record in reduction in force competition.

(3)  If the agency has employees in a competitive area who have
ratings of record under more than one pattern of summary levels,
the agency must specify the number(s) of years additional
retention service credit that it will establish for the summary
levels.  (5 CFR 351.504(e)(7))
o  This information must be made available for review.  (5 CFR
351.504(e)(7))
o  Paragraph 3-A-15-12 below contains additional information on
providing additional retention service credit to employees who,
within a single competitive area, have ratings of record under
more than one pattern of summary levels.
o  Paragraph 5 CFR 430.208(d) covers patterns of summary levels
used in appraisal programs.
 
9.  FREEZING RATINGS (see 3-B-15-9 for additional information). 
To provide time to properly determine employee retention standing
prior to a reduction in force, agencies may establish a policy
providing for a cutoff date a specified number of days prior to
the date it issues specific reduction in force notices.  (5 CFR
351.504(b)(2); 5 CFR 351.504(b)(4)(ii))    
(a)  After the cutoff date, no new ratings of record may be put
on record and used for reduction in force purposes.  (5 CFR
351.504(b)(2); 5 CFR 351.504(b)(4)(ii))    
(b)  If adopted, this policy must be:
(1)  Applied on a uniform and consistent basis in the competitive
area where the reduction in force will occur; (5 CFR
351.504(b)(4)(ii)), and 
(2) Documented in the agency's performance management policies or
other appropriate issuance.  (5 CFR 351.504(b)(4)(ii))     
10.  MISSING RATINGS (see 3-B-15-10 for additional information). 
If an employee has not received three actual ratings of record
during the applicable 4-year period prior to the date the agency
issues specific reduction in force notices or freezes ratings
(see paragraph 3-A-15-3 above), the agency provides additional
retention service credit under the following procedures:  (5 CFR
351.504(c))  

(a)  An employee who has not received any rating of record during
the applicable 4-year period receives retention service credit
for performance based on the modal rating for the summary level
pattern that applies to the employee's official position of
record at the time of the reduction in force; (5 CFR
351.504(c)(1)), or
(b)  An employee who has received at least one, but fewer than
three previous ratings of record during the applicable 4-year
period, receives retention service credit for performance on the
basis of the value of the actual rating(s) of record divided by
the number of actual ratings received.  (5 CFR 351.504(c)(1))
(1)  An employee who has received only two actual ratings of
record during the applicable 4-year period receives retention
service credit for performance by adding together the value of
the two ratings, then dividing the sum by two and rounding to the
next higher whole number if the result is a fraction, to
determine the amount of additional retention service credit.  (5
CFR 351.504(c)(1))  
(2)  An employee who has received only one actual rating of
record during the applicable 4-year period receives retention
service credit for performance on the basis of the value of the
single rating.  (5 CFR 351.504(c)(1))
11.  AMOUNT OF CREDIT-SINGLE RATING PATTERN (see 3-B-15-11 for
additional information).  If all employees in a reduction in
force competitive area have received all of their ratings of
record under a single pattern of summary levels as covered in 5
CFR 430.208(d), the additional retention service credit provided
to employees is expressed in additional years of service that
consists of the mathematical average (rounded in the case of a
fraction to the next higher whole number) of the employee's
applicable ratings of record, as computed on the following basis:
(a)  20 additional years of service for each rating of record of
"Outstanding" or equivalent summary (Level 5); (5 CFR
351.504(d)(1))
(b)  16 additional years of service for each rating of record of
"Exceeds Fully Successful" or equivalent summary (Level 4); (5
CFR 351.504(d)(2)), and

(c)  12 additional years of service for each rating of record of
"Fully Successful" or equivalent summary (Level 3).  (5 CFR
351.504(d)(3))
(d)  No additional retention service credit is given for ratings
of record  below "Fully Successful" or equivalent summary.  (5
CFR 351.504(d))
o  No additional service credit for retention is given for
ratings of record of "Minimally Successful" or equivalent (Level
2), or "Unacceptable" or equivalent summary (Level 1).  (5 CFR
351.504(d))  
12.  AMOUNT OF CREDIT-MULTIPLE RATING PATTERNS (see 3-B-15-12 for
additional information).  If an agency has employees in a
competitive area who have received ratings of record under more
than one pattern of summary levels, as covered in 5 CFR
430.208(d), the agency must consider the mix of patterns and
provide additional retention service credit for performance to
employees expressed in additional years of service on the
following basis: (5 CFR 351.504(e))
(a)  The additional years of service for reduction in force
purposes consists of the mathematical average (rounded in the
case of a fraction to the next higher whole number) of the
additional retention service credit that the agency established
for the summary levels of the employee's applicable rating(s) of
record.  (5 CFR 351.504(e)(1))
(b)  The agency must establish the amount of additional retention
service credit provided for summary levels only in full years. 
(5 CFR 351.504(e)(2))
(c)  The agency may not establish additional retention service
credit for summary levels below Level 3 ("Fully Successful" or
equivalent).  (5 CFR 351.504(e)(2))
(d)  When establishing additional retention service credit for
the summary levels at Level 3 ("Fully Successful" or equivalent)
and above, the agency must provide at least an additional 12
years, but no more than 20 additional years, additional retention
service credit for a summary level.  (5 CFR 351.504(e)(3))

(e)  The agency may establish the same number of years additional
retention service credit for more than one summary level.  (5 CFR
351.504(e)(4))
(f)  The agency must establish the same number of years
additional retention service credit for all ratings of record
with the same summary level in the same pattern of summary
levels.  (5 CFR 351.504(e)(5))
o  Paragraph 5 CFR 430.208(d) covers patterns of summary levels
used in appraisal programs.
(g)  The agency may establish a different number of years
additional retention service credit for the same summary level in
different patterns.  (5 CFR 351.504(e)(6))
(h)  In providing service credit for retention to employees who
are under more than one pattern of summary levels (which are
covered in 5 CFR 430.208(d)), the agency must specify the
number(s) of years additional retention service credit that it
will establish for summary levels.  (5 CFR 351.504(e)(7))
o  This information must be made available for review.  (5 CFR
351.504(e)(7))
o  Paragraph 3-A-15-8 above notes that the agency must specify
this information in the appropriate issuances that implement the
agency's performance management policies.  (5 CFR 351.504(b)(4))
(i)  The agency may apply this paragraph (i.e., paragraph 3-A-15-12, "AMOUNT OF CREDIT-MULTIPLE RATING PATTERNS") only to ratings
of record put on record on or after October 1, 1997.  (5 CFR
351.504(e)(8))  
o  The agency must determine additional retention service credit
for ratings of record put on record prior to October 1, 1997, in
accordance with paragraph 3-A-15-11 (i.e., paragraph 3-A-15-11,
"AMOUNT OF CREDIT-SINGLE RATING PATTERN").  (5 CFR 351.504(e)(8))
  
13.  UNACCEPTABLE PERFORMANCE-PROPOSED DECISION TO REMOVE OR
DEMOTE.  An employee with a current Level 1 ("Unacceptable" or
equivalent) rating of record who has not received a final written
decision of removal or demotion under 5 CFR Part 432 (e.g., an
employee on an opportunity to demonstrate acceptable performance
as defined in 5 CFR 430.103(d)) is not penalized in first round
reduction in force competition, and is listed on the retention
register with other employees.  (5 CFR 351.404(b)(2))
(a)  The employee is assigned to the appropriate group and
subgroup and receives credit for all applicable service.  
(b)  The employee also receives any service credit to which
entitled for the other two previous ratings of record.  
o  An employee with a proposed, but not a final written decision
of removal or demotion under 5 CFR Part 752 because of a pending
adverse action, is not penalized solely on that basis in first or
second round reduction in force competition, and is listed on the
retention register with other employees.  (5 CFR 351.404(b)(2))
  
o  "ROUND OF COMPETITION" is defined in paragraph 3-A-4-1-r. 
"First Round Competition" is reduction in force competition for
other positions within the competitive level, while "Second Round
Competition" is reduction in force competition for positions on
other competitive levels based upon "Bump" and "Retreat" rights.
14.  UNACCEPTABLE PERFORMANCE-FINAL DECISION TO REMOVE OR DEMOTE. 
An employee who has received a final written decision of removal
under 5 CFR Part 432 due to unacceptable (or equivalent)
performance competes differently from an employee who has
received a final written decision of demotion due to unacceptable
(or equivalent) performance:
(a)  An employee who as of the effective date of the reduction in
force has received a final written decision of removal under 5
CFR 432 because of unacceptable performance, or under 5 CFR 752
because of adverse action, is listed apart from the retention
register and does not compete in first or second round reduction
in force competition.  (5 CFR 351.404(b)(2)  

(b)  An employee who has received a final written decision of
demotion under 5 CFR 432 because of unacceptable performance, or
under 5 CFR 752 because of adverse action, is listed on the
retention register for the position to which the employee will be
demoted.  (5 CFR 351.405) 
15.  UNACCEPTABLE PERFORMANCE-ELIMINATION OF "UNACCEPTABLE"
RATING.  If because of performance improvement during the notice
period of a proposed action under authority of 5 CFR Part 432 an
employee is not demoted or separated, and the employee's
performance continues to be acceptable for 1 year after the
notice, any record of the unacceptable performance is removed
from agency records.  (5 CFR 293.404(a)(3))
o  In this situation, no record of the "Unacceptable" rating
would exist.  
o  There is no authority for an agency to remove an employee's
"Unacceptable" rating except under authority of 5 CFR
293.404(a)(3) covered above, or under other appropriate authority
(e.g., an award resulting from a grievance, equal employment
opportunity complaint, etc.). 

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 16.  PERSONNEL RECORDS IN REDUCTION IN FORCE
1.  RESPONSIBILITY OF AGENCY TO MAINTAIN PERSONNEL RECORDS (see
3-B-16-1 for additional information).  The agency is reponsible
for maintaing the personnel records that are used to determine
the retention standing of competing employees.  (5 CFR 351.505)
2.  RESPONSIBILITY OF AGENCY UNDER PRIVACY ACT.  The agency is
responsible for ensuring that each employee's access to retention
records is consistent with the Privacy Act.
3.  EMPLOYEE ACCESS TO RETENTION RECORDS.  The agency must allow
its retention registers and related records to be inspected by:
(a)  A representative of OPM; (5 CFR 351 505(a)), and 
(b)  An employee of the agency who has received a specific
reduction in force notice, or the employee's representative.  (5
CFR 351.505(b))
o  An employee who has not received a specific reduction in force
notice has no right to review the agency's retention registers
and related records.  (5 CFR 351.505(b))
4.  RETENTION RECORDS AVAILABLE FOR REVIEW.  The employee has the
right to review any records used by the agency in a reduction in
force action that was taken, or will be taken, against the
employee, including:
 
(a)  The complete retention register with the employee's name so
that the employee may consider how the agency constructed the
competitive level, and how the agency determined the relative
retention standing of the competing employees; (5 CFR 351.505(b))
and
(b)  The complete retention registers for other positions that
could affect the composition of the employee's competitive level,
and/or the determination of the employee's assignment rights.  (5
CFR 351.505(b))
5.  RETENTION OF RECORDS FOR 1 YEAR.  The agency must preserve
all registers and records relating to a reduction in force for at
least 1 year after the date it issues a specific reduction in
force notice.  (5 CFR 351.505)

o  The agency should always retain any retention records that
are, or may be, subject to review in an appeal or grievance
without regard to the general 1 year limit for preserving records
related to the reduction in force.

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 17.  RELEASE FROM THE COMPETITIVE LEVEL
1.  DATE USED TO DETERMINE AN EMPLOYEE'S RETENTION STANDING (see
3-B-17-1 for additional information).  The agency determines each
employee's retention standing as of the effective date of the
reduction in force.  (5 CFR 351.506(b))
o  The effective date of the reduction in force is the date that
the employee is released from the competitive level.  (5 CFR
351.506(a))
o  Note that the terms "COMPETITIVE LEVEL" and "RETENTION
REGISTER" are used interchangeably.  (See 3-A-9-1 for additional
information.)
2.  RELEASE OF NONCOMPETING EMPLOYEES.  Before a competing
employee (i.e., an employee in tenure Groups I, II, or III) may
be released from a competitive level, the agency must first
release from that competitive level each employee who:
(a)  Holds a temporary appointment to a position in that
competitive level;  (5 CFR 351.602(a))
(b)  Holds a term promotion or temporary promotion to a position
in that competitive level (these employees are returned to their
permanent positions of record, or equivalent);  (5 CFR
351.602(b))
(c)  Has received a written decision of removal or demotion under
5 CFR Part 432 ("Performance Based Reduction in Grade and Removal
Actions") because of "Unacceptable" (or an equivalent rating)
performance from a position in that competitive level.  (5 CFR
351.602(c)), or
(d)  Has received a written decision of removal or demotion under
5 CFR Part 752 ("Adverse Actions").  (5 CFR 351.602(c)),
o  An employee who has received a written decision of demotion
under 5 CFR Part 432, or under 5 CFR Part 752, competes for
retention from the position to which the employee will be, or has
been, demoted.  (5 CFR 351.405) 
3.  ORDER OF RELEASING EMPLOYEES FROM THE COMPETITIVE LEVEL.  The
agency then releases competing employees from the reduction in
force retention register in the inverse order of the employees'
relative retention standing.  (5 CFR 351.601(a))

o  The first employee released is the employee who has the lowest
retention standing on the retention register.  (5 CFR 351.601(a))
o  The employee with the next lowest standing on the retention
register is the second employee released, and the same order is
followed until the required number of employees are released from
the retention register.  (5 CFR 351.601(a))
o  Upon displacing another employee in the competitive level, the
higher-standing employee (i.e., the displacing employee) retains
the same status and tenure in the new position.  (5 CFR
351.601(a))
o  The displacement of a lower-standing employee by a higher-standing employee in the same competitive level is not a
reduction in force action for the higher-standing employee, who
is reassigned to the position rather than released from the
competitive level.  (5 CFR 351.601(a))
o  A higher-standing employee who displaces a lower-standing
employee in the same competitive level retains the same status
and tenure upon encumbering the position of the lower-standing
employee (e.g., a subgroup I-B employee who displaces a subgroup
III-B term employee retains the same I-B status and tenure while
encumbering the term position.  (5 CFR 351.403(a))
                            
o  An agency may release a competing employee from a competitive
level, and still retain a lower standing competing employee with
lower retention standing in the same level, only if the agency
uses a mandatory, discretionary, or liquidation exception, which
are covered in paragraphs 3-A-17-5 through 3-A-17-20 below.
4.  BREAKING TIES IN EMPLOYEES' RETENTION STANDING.  When
employees in the same retention subgroup have identical service
dates and are tied for release, the agency has the right to
determine the order in which the tied employees are released.  (5
CFR 351.601(b))  
5.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-MANDATORY
EXCEPTION BASED UPON SERVICE IN THE ARMED FORCES.  The agency
must use a mandatory exception to the regular order of releasing
employees in order to retain tenure Group I or Group II employees
who have restoration rights under 38 U.S.C. 4301 or 4304 after
returning from service in the Armed Forces.  (5 CFR 351.606(a)) 
(a)  A mandatory exception applies to employees with restoration
rights for either 6 months, or 1 year, as appropriate.  (5 CFR
351.601(a)(1)); 5 CFR 353.301(a))
(b)  Before release from the competitive level by reduction in
force, each employee with a restoration right based on service in
the Armed Forces must be retained over other employees in the
tenure Group and subgroup until the end of the applicable 6
months or 1-year mandatory retention period.  (5 CFR
351.601(a)(1))  
(c)  If an employee with this restoration right is reached for
release from a competitive level during the applicable mandatory
retention period (i.e., 6 months or 1 year) following restoration
from the Armed Forces, the agency is obligated to find another
position for the employee under the provisions of 5 CFR Part 353,
if possible, rather than separate the employee by reduction in
force.  (5 CFR 353.207; (5 CFR 353.209(b))  
(d)  The agency must record on the retention register the
reason(s) for using a mandatory exception to the regular order of
release.  (5 CFR 351.606(c))

o  Each employee listed on the retention register has the right
to review the reason(s) for the use of the mandatory exception to
the regular order of release.  (5 CFR 351.606(c); 5 CFR 351.505)
6.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-MANDATORY
EXCEPTION AND THE USE OF ANNUAL LEAVE TO OBTAIN RETIREMENT
BENEFITS AND/OR TO CONTINUE HEALTH BENEFITS (see 3-B-17-6 for
additional information).  An agency must use a mandatory
exception to the regular order of releasing employees from the
competitive level in order to retain an employee who is being
involuntarily separated from the agency by reduction in force if
the employee elects to use annual leave, and remain on the
agency's rolls after the effective date that the employee would
otherwise have been separated, for the purpose of establishing
initial eligibility for:
(a)  Immediate retirement under 5 U.S.C. 8336, 8412, or 8414
(including discontinued service retirement or voluntary early
retirement); (5 CFR 351.606(b)(1)), and/or 
(b)  Continuation of health benefits coverage into retirement
under 5 U.S.C. 8905.  (5 CFR 351.606(b)(1))
(c)  An employee retained under this provision must be covered by
the leave provisions authorized by Chapter 63 of Title 5, United
States Code.  (5 CFR 351.606(b)(3))
o  Paragraph 3-A-17-15 covers how an agency may use a permissive
temporary exception to the regular order of releasing employees
in order to retain an employee who is covered by a Federal leave
system under authority other than Chapter 63 of Title 5, United
States Code, for the purpose of establishing initial eligibility
for immediate retirement under 5 U.S.C. 8336, 8412, or 8414,
and/or continuation of health benefits coverage into retirement
under 5 U.S.C. 8905.  (5 CFR 351.608(e)) 
(d)  An agency may not retain an employee under this provision
past the date that the employee first becomes eligible for
immediate retirement, or for continuation of health benefits into
retirement, except that an employee may be retained long enough
to satisfy both retirement and health benefits requirements.  (5
CFR 351.606(b)(4))

(e)  Except as permitted as a permissive temporary exception
under authority of 5 CFR 351.608(d) for an employee on approved
sick leave (see paragraph 3-A-17-14 below for additional
information), an agency may not approve an employee's use of any
other type of leave after the employee has been retained under a
mandatory exception for the purpose of gaining initial
eligibility for immediate retirement and/or continuation of
health benefits into retirement.  (5 CFR 351.606(b)(5))
(f)  Section 5 CFR 630.212 defines annual leave that is available
for purposes of a mandatory exception under this paragraph.  (5
CFR 351.606(b)(6))
o  For reference, these specific annual leave provisions are
covered in 3-B-17-6-(f).
(g)  The agency must record on the retention register the
reason(s) for using a mandatory exception to the regular order of
release.  (5 CFR 351.606(c))
o  Each employee listed on the retention register has the right
to review the reason(s) for the use of the mandatory exception to
the regular order of release.  (5 CFR 351.606(c); 5 CFR 351.505)
7.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-EFFECTIVE DATE OF
RIF ACTION WHEN USING A MANDATORY EXCEPTION.  The agency
determines the retention standing of an employee who is retained
under a mandatory exception as of the date the employee would
have been released from the competitive level had the agency not
used the exception.  (5 CFR 351.506(b))
8.  THE MANDATORY USE OF ANNUAL LEAVE IN RELOCATION SITUATIONS TO
OBTAIN RETIREMENT BENEFITS AND/OR TO CONTINUE HEALTH BENEFITS
COVERAGE.  An employee who is being involuntarily separated under
authority of 5 CFR Part 752 as an adverse action because of the
employee's decision to decline relocation (including transfer of
function) may elect to use annual leave and remain on the
agency's rolls after the effective date that the employee would
otherwise have been separated by adverse action in order to
establish initial eligibility for:
(a)  Immediate retirement under 5 U.S.C. 8336, 8412, or 8414 or
(including discontinued service retirement or voluntary early
retirement); (5 CFR 351.606(b)(2)), and/or 

(b)  Continuation of health benefits coverage into retirement
under 5 U.S.C. 8905.  (5 CFR 351.606(b)(2))
(c)  An employee retained under this provision must be covered by
chapter 63 of title 5, United States Code.  (5 CFR 351.606(b)(3))
(d)  An agency may not retain an employee under this provision
past the date that the employee first becomes eligible for
immediate retirement, or for continuation of health benefits into
retirement, except that an employee may be retained long enough
to satisfy both retirement and health benefits requirements.  (5
CFR 351.606(b)(4))
(e)  Annual leave for purposes of this paragraph is defined in 5
CFR 630.212.  (5 CFR 351.606(b)(6))
9.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-DISCRETIONARY
CONTINUING EXCEPTION.  An agency may use a continuing exception
to the regular order of releasing employees in order to retain an
employee for more than 90 days in a position that no
higher-standing employee can take over: 
(a)  Within 90 days; (5 CFR 351.607), and 
(b)  Without undue interruption to the agency.  (5 CFR 351.607)
10.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-EFFECTIVE DATE OF
RIF ACTION WHEN USING A DISCRETIONARY CONTINUING EXCEPTION.  The
agency determines the retention standing of an employee who is
retained in the competitive level under a discretionary
continuing exception as of the date the employee would have been
released from the competitive level had the agency not used the
exception.  (5 CFR 351.506(b))
11.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-NOTICE TO
HIGHER-STANDING EMPLOYEES WHEN USING A DISCRETIONARY CONTINUING
EXCEPTION.  When an agency retains an employee under a
discretionary continuing exception, the agency must give each
higher-standing employee reached for release from the same
retention register:  
(a)  A written notice of the exception; (5 CFR 351.607), and 
(b)  The reason for the exception.  (5 CFR 351.607)

12.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-PERMISSIVE
TEMPORARY EXCEPTION-UNDUE INTERRUPTION. An agency may use a
discretionary temporary exception for not more than 90 days to
the regular order of releasing employees in order to retain an
employee in a position that no higher-standing employee can take
over within 90 days without undue interruption to the agency.  (5
CFR 351.608(b))
13.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-PERMISSIVE
TEMPORARY EXCEPTION-TO SATISFY A GOVERNMENT OBLIGATION. An agency
may use a discretionary temporary exception, without regard to
time limit, to the regular order of releasing employees in order
to retain an employee in order to satisfy a Government obligation
to the retained employee.  (5 CFR 351.608(c))
14.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-PERMISSIVE
TEMPORARY EXCEPTION-USE OF SICK LEAVE. An agency may use a
discretionary temporary exception to the regular order of
releasing employees in order to retain an employee who is on
approved sick leave on the effective date of the reduction in
force.  (5 CFR 351.608(d))
(a)  The agency may retain the employee under this provision for
a period not to exced the date that the employee's sick leave is
exhausted.  (5 CFR 351.608(d))
(b)  Use of sick leave for this purpose must be in accordance
with the requirements in Subpart 5 CFR 630-D, or other applicable
leave system for Federal employees.  (5 CFR 351.608(d))
15.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-PERMISSIVE
TEMPORARY EXCEPTION-THE USE OF ANNUAL LEAVE TO OBTAIN RETIREMENT
BENEFITS AND/OR TO CONTINUE HEALTH BENEFITS (see 3-B-17-15 for
additional information).  An agency may use a permissive
temporary exception to the regular order of releasing employees
in order to retain an employee who:
(a)  Is being involuntarily separated by reduction in force under
5 CFR Part 351;  (5 CFR 351.608(e)(1)(i)), and
(b)  Is covered by a Federal leave system under authority other
than Chapter 63 of Title 5, United States Code; (5 CFR
351.608(e)(1)(ii)), and 

(c)(1)  Will attain first eligibility for an immediate retirement
benefit under 5 U.S.C. 8336, 8412, or 8414 (or other authority)
(5 CFR 351.608(e)(1)(iii)), and/or 
(2)  Establish eligibility under 5 U.S.C. 8905 (or other
authority) to carry health benefits coverage into retirement, 
during the period represented by the amount of the employee's
accrued annual leave.  (5 CFR 351.608(e)(1)(iii))
(d)  An agency may not approve an employee's use of any other
type of leave after the employee has been retained as a
permissive temporary exception under this provision.  (5 CFR
351.608(e)(2))
(e)  This permissive temporary exception may not exceed the date
that the employee first becomes eligible for immediate retirement
or for continuation of health benefits into retirement, except
that an employee may be retained long enough to satisfy both
retirement and health benefits requirements.  (5 CFR
351.608(e)(3))
(f)  Accrued annual leave available under this permissive
temporary exception includes all accumulated, accrued, and
restored annual leave, as applicable, in addition to annual leave
earned and available to the employee after the effective date of
the reduction in force.  (5 CFR 351.608(e)(4))
o  When approving a permissive temporary exception under this
provision, an agency may not advance annual leave or consider any
annual leave that might be credited to an employee's account
after the effective date of the reduction in force other than
annual leave earned while in an annual leave status.  (5 CFR
351.608(e)(4))
16.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-PERMISSIVE
TEMPORARY EXCEPTION-OTHER EXCEPTIONS.  An agency may use a
permissive  temporary exception to the regular order of releasing
employees in order to extend an employee's separation date beyond
the effective date of the reduction in force when the temporary
retention of a lower-standing employee does not adversely affect
the right of any higher-standing employee who is released ahead
of the lower standing employee.  (5 CFR 351.608(f))

(a)  The agency may establish a maximum number of days, up to 90
days, for which a permissive temporary exception may be approved
under this provision.  (5 CFR 351.608(f))
(b)  There is no authority under this provision for an agency to
retain an employee for the purpose of gaining eligibility for
immediate retirement under 5 U.S.C. 8336, 8412, or 8414, and/or 
for continuation of health benefits coverage into retirement
under 5 U.S.C. 8905.  (5 CFR 351.608(f); 5 CFR 351.606(b)(1); 5
CFR 351.608(e))
o  As applicable, an agency retains an employee to gain initial 
eligibility for benefits only on annual leave as provided in 3-A-17-6 for a mandatory exception, or as provided in 3-A-17-15 for a
permissive temporary exception.  (5 CFR 351.608(f); 5 CFR
351.606(b)(1); 5 CFR 351.608(e))
17.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-EFFECTIVE DATE OF
RIF ACTION WHEN USING A DISCRETIONARY TEMPORARY EXCEPTION.  The
agency determines the retention standing of an employee who is
retained in the competitive level under a discretionary temporary
exception as of the date the employee would have been released
from the competitive level had the agency not used the exception. 
(5 CFR 351.506(b)) 
18.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-NOTICE TO
HIGHER-STANDING EMPLOYEES WHEN USING A DISCRETIONARY TEMPORARY
EXCEPTION.  When an agency retains an employee under a
discretionary temporary exception for more than 30 days after the
date a higher-standing employee is released from the same
retention register, the agency must:
                                
(a)  Give written notice to each higher-standing employee in the
competitive level who is reached for release the reason for the
exception, and the date that the lower-standing employee's
retention will end; (5 CFR 351.608(g)(1)), and
(b)  List opposite the retained employee's name on the retention
register the reasons for the exception, and the date that the
employee's retention will end.  (5 CFR 351.608(g)(2))

19.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-LIQUIDATION
EXCEPTION (see 3-B-17-19 for additional information).  When an
agency will abolish all positions in a competitive area within
180 days, it must release the employees in subgroup order, but
may release them regardless of their retention standing within a
subgroup.  (5 CFR 351.605)
o  The liquidation exception may not be use to release an
employee who is under a mandatory exception.  (See paragraph
3-A-17-5 above.) 
20.  EXCEPTIONS TO THE REGULAR ORDER OF RELEASE-NOTICE TO
HIGHER-STANDING EMPLOYEES WHEN USING A LIQUIDATION EXCEPTION. 
When an agency uses the liquidation provision, it must:  
(a)  Notify affected employees; (5 CFR 351.605), and 
(b)  Give the date that the liquidation will be completed.  (5
CFR 351.605)

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 18.  ACTIONS FOLLOWING RELEASE FROM THE COMPETITIVE LEVEL
1.  OFFER OF ANOTHER POSITION.  An employee reached for release
from a competitive level may have a right under the reduction in
force positions to a position in a different competitive level. 
(5 CFR 351.603)
o  ASSIGNMENT RIGHT means the right of a released employee to be
assigned by "BUMP" or "RETREAT"  to a different position in the
second round of reduction in force competition.  (5 CFR
351.701(a))
o  If the employee has an assignment right to another position,
the agency must offer the employee that position, or an
equivalent position.  (5 CFR 351.603); (5 CFR 351.701(a))
 
o  The definitions of "Assignment Right," "Bump," "Retreat," and
"Round of Competition" are found in Section 3-A-4 of this Module.
o  Sections 3-A-18 begins the material on employees' reduction in
force assignment rights.
2.  SEPARATION OR FURLOUGH (see 3-B-18-2 for additional
information).  The agency may use reduction in force procedures
to separate or furlough the released employee only if the
employee:  (5 CFR 351.603)
(a)  Has no assignment right to another position; or
(b)  Declines an offer of assignment to another position that
would have satisfied the employee's assignment right.

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 19.  DETERMINING EMPLOYEES' REDUCTION IN FORCE ASSIGNMENT
RIGHTS 
1.  BUMPING AND RETREATING RIGHTS.  OPM's reduction in force
regulations provide released employees with two types of
assignment rights to positions in different competitive levels:
(a)  "BUMPING" is defined in paragraph 3-A-4-1-(b) as the
assignment of an employee to a position in a different
competitive level that is held by another employee in a lower
retention tenure Group, or in a lower Subgroup within the same
tenure Group.  (5 CFR
351.701(b)(1))
o  For specific information on bumping rights, refer to paragraph
3-A-20-1.
(b)  "RETREATING" is defined in paragraph 3-A-4-1-(q) as the
assignment of an employee to a position in a different
competitive level that is held by another employee with less
service in the same retention Subgroup.  (5 CFR 351.702(c)(1))
o  For specific information on retreating rights, refer to
paragraphs 3-A-20-2 through 3-A-20-4.
2.  EMPLOYEES WITH ASSIGNMENT RIGHTS.  OPM's reduction in force
regulations provide assignment rights (i.e., bumping and
retreating rights) to an employee who: 
(a)  Holds a position under a competitive service appointment; (5
CFR 351.701(a))
(b)  Is in retention tenure Group I or Group II; (5 CFR
351.701(a)), and 
(c)  Has a current performance rating of at least "Minimally
Successful" or equivalent.  (5 CFR 351.701(a))

3.  EMPLOYEES WITH NO ASSIGNMENT RIGHTS.  OPM's reduction in
force regulations do not provide assignment rights to an employee
who:
(a)  Is in retention tenure Group III, although the agency at its
option can offer limited assignment rights (i.e., "Bumping"
rights) to its Group III employees as covered in 3-A-28-3; (5 CFR
351.705(a)(2)); 
(b)  Holds a position under an excepted service appointment,
although the agency at its option can offer assignment rights to
its excepted employees to positions under the same appointing
authority, as covered in 3-A-28-4; (5 CFR 351.705(a)(3)), or
(c)  Has a current annual performance rating of "Unacceptable" or
equivalent.  (5 CFR 351.701(a))  
                               
4.  DEFINITION OF AVAILABLE POSITION.  An "AVAILABLE POSITION"
that  satisfies an employee's reduction in force assignment right
must: 
(a)  Be in the competitive service; (5 CFR 351.701(a))
(b)  Be in the same competitive area; (5 CFR 351.701(a))
(c)  Last at least 3 months; (5 CFR 351.701(a))
(d)  Be a position for which the released employee qualifies,
unless the agency, at its discretion, chooses to waive
qualifications in offering the employee assignment to a vacant
position; (5 CFR 351.701(a))
(e)  Have a representative rate that requires no reduction, or
the least possible reduction, in the of the position held by the
released employee; (5 CFR 351.701(a)), and
(f)  Have the same type of work schedule (e.g., full-time,
part-time, intermittent, seasonal, or on-call) as the position
from which the employee is released.  (5 CFR 351.701(a))
  
o  "REPRESENTATIVE RATE" is defined in paragraph 3-A-4-1-(n) as
the fourth step of a grade for a position under the General
Schedule, the prevailing rate for a position under the Federal
Wage system or similar wage determining procedure, and for other
positions, the rate designated by the agency as representative of
the position.  (5 CFR 351.203)
o  Additional material on representative rate is covered in
Section 3-A-24.
(f)  Be occupied by a lower-standing employee in a different
competitive level who can be displaced by the released employee
by bumping rights, or by retreating rights; (5 CFR 351.701(a)),
and, 
(g)  Have the same type of work schedule (e.g., full-time,
part-time, intermittent, seasonal, or on-call) as the position
from which the higher-standing employee is released.  (5 CFR
351.701(a))
5.  POSITIONS OCCUPIED BY TEMPORARY EMPLOYEES (see 3-B-19-5 for
additional information).  Released employees do not have
assignment rights to positions occupied by temporary employees
(tenure group 0) in another competitive level.  (5 CFR
351.701(a))
6.  LIMITATIONS IN OFFERING EMPLOYEES ASSIGNMENT TO OTHER
POSITIONS (see 3-B-19-6 for additional information).  An agency
may not:
(a)  Assign an employee to a position with a representative rate
higher than that of the employe's current position; (5 CFR
351.704(b)(1))
                               
(b)  Assign an other-than-full-time employee to a position held
by a full-time employee, or to satisfy an other-than-full-time
employee's right of assignment by assigning the employee to a
vacant full-time position; (5 CFR 351.704(b)(2))
(c)  Assign a full-time employee to a position held by an
other-than-full-time employee, or to satisfy the full-time
employee's right of assignment by assigning the employee to a
vacant other-than-full-time position; (5 CFR 351.704(b)(3)) 

(d)  Assign an employee to a temporary position (i.e., a position
under an appointment not to exceed 1 year), except as an offer of
assignment in lieu of separation by reduction in force when the
employee has no other assignment right;  (5 CFR 351.704(b)(4))
(e)  Assign an employee to a position held by an employee with a
different type of work schedule (e.g., full-time, part-time,
intermittent, seasonal, or on-call), or to satisfy the employee's
right of assignment by assigning the employee to a vacant
position with a different type of work schedule; (5 CFR
351.704(b)(5)) 
(f)  Assign an employee in the competitive service to a position
in the excepted service; (5 CFR 351.705(b)(5)), or
(g)  Assign an employee in the excepted service to a position in
the competitive service.  (5 CFR 351.705(b)(6))
7.  MORE THAN ONE AVAILABLE POSITION FOR ASSIGNMENT (see 3-B-19-7
for additional information).  When an employee has a potential
right of assignment to two or more positions with the same
representative rate, the agency may satisfy the employee's right
of assignment by offering any one of the positions.  (5 CFR
351.701(a))  
o  An employee has no right to choose among positions with the
same representative rate.  (5 CFR 351.701(a))  
8.  ONE OFFER OF ASSIGNMENT.  An employee is entitled to only one
offer of assignment, and, except as provided in 3-A-19-9 below,
is not entitled to any further offers if the employee: 
(a)  Accepts an offer; (5 CFR 351.701(a))
(b)  Rejects an offer; (5 CFR 351.701(a)), or 
(c)  Fails to reply to an offer within a reasonable time.  (5 CFR
351.701(a))
9.  REQUIREMENT TO MAKE AN ADDITIONAL OFFER OF ASSIGNMENT (see 3-B-19-9 for additional information).  Even though an employee is
entitled to only one offer of assignment, the agency must make a
better offer of assignment (e.g., a position with a higher
representative rate) to a released employee if a position becomes
available before, or on, the effective date of the reduction in
force.  (5 CFR 351.506(a); 5 CFR 351.805(c))

o  The released employee is entitled to any better offers of
assignment regardless of whether the employee previously accepted
or declined a previous offer of assignment.  
o  A better offer of assignment may become available when another
employee rejects an offer or vacates a position by resignation,
retirement, etc.  
10.  ALTERNATIVE OFFER.  After determining an employee's
assignment right, the agency, at its discretion, may also make an
alternative offer of a vacant position with the same or a lower
representative rate than that of the position to which the
employee was entitled.  
o  The alternative offer may be a second offer of assignment to a
vacant position, or may be an offer of a vacant position in lieu
of reduction in force separation or other reduction in force
action.  
o  The agency may not make an alternative offer of assignment to
a vacant position if the employee's acceptance of the offer would
result in a more severe reduction in force action for another
employee.
 
o  In making an alternative offer of a vacant position with a
lower representative rate, the agency must insure that the
employee has also received notice of his or her entitlement to a
position with a higher representative rate.  
11.  EMPLOYEES' STATUS AND TENURE AFTER ACCEPTING AN OFFER OF
ASSIGNMENT (see 3-B-19-11 for additional information).  An
employee retains the same status and tenure in the new position
after:
 
(a)  Displacing a lower-standing employee in the same competitive
level in first round reduction in force competition; (5 CFR
351.403(a)), or
(b)  Accepting an offer of assignment to a position in a
different competitive level in second round reduction in force
competition.  (5 CFR 351.701(a))

12.  PROMOTION POTENTIAL OF A POSITION OFFERED FOR ASSIGNMENT
(see 3-B-19-12 for additional information).  The promotion
potential of a position is not a consideration in determining an
employee's assignment rights to an available position.  (5 CFR
351.701(a))
o  Promotion potential is also not a consideration in determining
an employee's assignment right to a vacant position.  (5 CFR
351.201(b); 5 CFR 351.701(a); 5 CFR 351.704(a))
o  Employees may be assigned under reduction in force procedures
to positions with higher promotion potential, and are
subsequently noncompetitively promoted to the full performance
level of that position.
                               

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 20.  USING BUMP AND RETREAT IN MEETING EMPLOYEES'
ASSIGNMENT RIGHTS
1.  BUMP RIGHTS (see 3-B-20-1 for additional information). 
"BUMPING" is defined in 3-A-4-1-(c) as a released employee's
right of assignment to a position in a different competitive
level that is: (5 CFR 351.701(b)(1)
(a)  Held by an employee in a lower tenure Group, or lower tenure
Subgroup within the same tenure Group; (5 CFR 351.701(b)(1), and
(b)  The same grade, or down to three grades or grade-intervals
(or equivalent) below the position of the released employee.  (5
CFR 351.701(b)(2)
o  Section 3-A-23 covers grades and grade-intervals used in
determining employees' reduction in force assignment rights.
o  A released employee has bumping rights to a position based on
the employee's personal qualifications in relation to the
position held by the lower-standing employee.  (5 CFR 351.702(a))
o  Section 3-A-25 covers employees' qualifications for assignment
to another position based on bumping rights.
o  A released employee may have bumping rights to a position
regardless of whether or not the employee previously held the
position of the lower-standing employee.  (5 CFR 351.701(b))  
2.  RETREAT RIGHTS-GENERAL (see 3-B-20-2 for additional
information).  "RETREATING" is defined in paragraph 3-A-4-1-(q)
as a released employee's right of assignment to a position in a
different competitive level that is:
(a)  Held by another employee with less service (including
additional retention credit for performance) in the same
retention subgroup; (5 CFR 351.701(c)(1))
(b)  The same grade, or down to three grades or three
grade-intervals (or equivalent) below the position from which the
employee is released; (5 CFR 351.701(c)(2)), and

(c)  The same position, or a position that is essentially
identical, to a position previously held by the released employee
on a permanent basis in any Federal agency.  (5 CFR
351.701(c)(3))
o  Paragraph 3-A-20-3 below explains the competitive level
standard that agencies use to evaluate an "Essentially Identical
Position" for purposes of determining an employee's retreat
rights.
(d)  A released employee with a current annual performance rating
of "Minimally Successful" or equivalent has the right to retreat
only to a position that is held by another employee who has a
current performance rating of "Minimally Successful" or
equivalent, or a lower performance rating.  (5 CFR 351.701(d))
o  Section 3-A-23 covers grades and grade-intervals used in
determining employees' reduction in force assignment rights.
(e)  A released employee has retreating rights to a position
based on the official position record previously held by the
employee in relation to the official position of record currently
held by the employee with less service in the same subgroup.  (5
CFR 351.701(c)(3))
o  The released employee's personal qualifications to perform the
position held by the employee with less service in the same
subgroup are not a consideration in determing retreat rights.  (5
CFR 351.701(c)(3))
o  A released employee may only have retreating rights to a
position that the employee previously held on a permanent basis
in the Federal service, or a position that is essentially
identical to the position of the employee with less service in
the same subgroup.  (5 CFR 351.701(c)(3))
3.  RETREAT RIGHTS-ESSENTIALLY IDENTICAL POSITION (see 3-B-20-3
for additional information).  In determining employees' retreat
rights, a position is considered essentially identical to a
position that the released employee previously held if:

(a)  The released employee held the previous position as a
competing employee (i.e., the employee did not hold the position
only on detail, term or temporary promotion, or on a temporary
appointment with no status and tenure); (5 CFR 351.701(c)(3)),
and 
(b)  The agency determines on the basis of available information
that the released employee previously held an essentially
identical position based on the Competitive Level criteria found
in Section 3-A-9, but not necessarily in regard to the two
positions' respective:
(1)  Grade; (5 CFR 351.701(c)(3))
(2)  Classification series; (5 CFR 351.701(c)(3))
                            
(3)  Type of work schedule; (5 CFR 351.701(c)(3)), or
(4)  Type of service.  (5 CFR 351.701(c)(3))
    
o  A released employee may have a right to retreat to an
essentially identical position in the present competitive area
that is filled at a different grade, classification series, work
schedule, appointing authority, etc., than the position that the
released employee actually encumbered, provided that the two
positions meet the standard covered in 3-A-20-3-b above.  (5 CFR
351.701(c)(3))
  
4.  RETREAT RIGHTS-EXPANDED GRADE LIMITS FOR DISABLED VETERANS IN
SUBGROUP AD.  A released employee has the right to retreat to a
position at the same grade, or down to five grades or five
grade-intervals (or equivalent) below the position from which the
employee is released, if the employee is: 
(a)  Eligible for veterans' preference under OPM's reduction in
force regulations; (5 CFR 351.702(c)(2)), and 
(b)  Receiving a compensable service-connected disability of 30
percent or more (i.e., the employee is in retention Subgroup AD). 
(5 CFR 351.701(c)(2))
o  Except for the change in grade limits, the other conditions on
employees' retreat rights covered in 3-A-19-2 above also apply to
this provision.  (5 CFR 351.701(c)(2))

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 21.  USING VACANCIES IN MEETING EMPLOYEES' ASSIGNMENT
RIGHTS
1.  MANAGEMENT'S DECISION TO FILL VACANT POSITIONS DURING A RIF. 
An agency is not required to fill vacant positions in a reduction
in force, but the agency may decide to fill all, some, or no
vacant positions.  (5 CFR 351.201(b))  
2.  MAKING RIF OFFERS OF VACANT POSITIONS TO RELEASED EMPLOYEES. 
An agency may satisfy a released employee's reduction in force
assignment right by offering the employee assignment to a vacant
position that: 
(a)  Is in the same competitive area; (5 CFR 351.704(a)(1); 5 CFR
351.701(a)); and
(b)  Has a representative rate at least equal to a position that
the employee is entitled on the basis of bump or retreat rights;
(5 CFR 351.704(a)(1); 5 CFR 351.701(a))
(c)  An agency may also offer an employee assignment to a vacant
position in lieu of separation by reduction in force, subject to
the same grade and grade-interval limits applicable to bump and
retreat.  (5 CFR 351.704(a)(1); 5 CFR 351.701(a))
o  Subparagraph 3-A-19-1-(b) covers the limits for bump rights,
while subparagraph 3-A-19-2-(b) and paragraph 3-A-19-3 cover the
limits for retreat rights.
o  Subparagraph 3-A-21-4-(a) below covers general qualifications
for reduction in force assignment to a vacant position.
o  Subparagraph 3-A-21-4-(b) below covers the looser undue
interruption standard that is applicable to the determination of
employees' qualifications for reduction in force assignment to a
vacant position.
o  Paragraph 3-A-21-6 below covers voluntary offers of vacant
positions to place employees in lieu of separation or other
reduction in force actions.

3.  CONSIDERATION OF RETENTION STANDING IN OFFERING VACANT
POSITIONS (see 3-B-21-3-(a)-(d) for additional information). 
When an agency chooses to fill a vacant position with an employee
released from a competitive level, the agency must make the offer
consistent with OPM's reduction in force regulations.  (5 CFR
351.201(c))
(a)  A vacant position that is filled effective at the beginning
of the day after the effective date of the reduction in force, or
immediately after the effective date, is an available position
for purposes of determining employees' assignment rights.  (5 CFR
351.506(a))
o  Paragraph 3-A-18-4 covers "Available Position."
(b)  When an agency decides to use a vacant position as a
reduction in force offer of assignment to a released employee,
the agency determines whether it can offer the position to the
released employee provided that another released employee who has
higher retention standing would not have a bump or retreat right
to the vacant position.  (5 CFR 351.704(a)(1))
(c)  The agency must consider the relative subgroup standing of
competing employees before offering a released employee
assignment to a vacant position (i.e., the agency offers a
released employee in Subgroup 1-A assignment to a vacant position
before offering assignment to a released employee in Subgroup
I-B).  (5 CFR 351.201(c))
(d)  When offering a released employee assignment to a vacant
position, the agency is not required to consider the relative
service computation dates of released employees in the same
retention subgroup, unless one employee:
  
(1)  Formerly held a position that is essentially identical to
the vacant position; (5 CFR 351.201(c);(5 CFR 351.701(c))
(2)  Has more service credit than a second employee in the same
subgroup; (5 CFR 351.201(c);(5 CFR 351.701(c)), and
(3)  Would have a right to the position on the basis of retreat
rights if the vacancy was filled with another employee with less
service.  (5 CFR 351.201(c);(5 CFR 351.701(c))

4.  CONSIDERATION OF UNDUE INTERRUPTION IN DETERMINING
QUALIFICATIONS FOR ASSIGNMENT TO VACANT POSITIONS (see 3-B-21-4
for additional information).  An employee released from a
competitive level by reduction in force has an assignment right
to another position (through bump, retreat, or an offer of a
vacant position) held by an employee with lower retention
standing only if the released employee is qualified for
assignment.  (5 CFR 351.701(a); 5 CFR 351.702(a))
(a)  Except as covered in paragraph 3-A-23-8 ("Waiver of
Qualifications in Offering Assignment to a Vacant Position"), a
released employee is qualified for assignment to an "Available
Position" (see 3-A-19-4 for definition) if the employee is
otherwise qualified for the position, and has the capacity to
perform the duties of the position without "Undue Interruption"
to the agency.
(b)  "UNDUE INTERRUPTION" is defined by regulation in 5 CFR
351.203, as duplicated in paragraph 3-A-5-1-(v), and generally
means that an otherwise qualified employee must be able to
perform the duties of the position within 90 days.  
o  The 90-day standard for undue interruption is generally not
applicable to offers of assignment to vacant positions; the
definition in 5 CFR 351.203 states that "The 90-day standard may
be extended if placement is made under this part to a low
priority program or to a vacant position."
5.  WAIVER OF QUALIFICATIONS REQUIREMENTS IN OFFERING RIF
ASSIGNMENT TO VACANT POSITIONS (for additional information, see
3-B-21-5).  At its option, an agency may waive OPM's
qualifications standards and requirements in offering a released
employee assignment to a vacant position.  (5 CFR 351.703)
o  Section 3-A-25 covers consideration of qualifications when
determining employees' assignment rights; 3-A-25-8 covers waiver
of qualifications under the retention regulations. 
 
6.  OFFERING VACANT POSITIONS AS NON-RIF OFFERS TO PLACE
EMPLOYEES IN LIEU OF RIF SEPARATION OR OTHER RIF ACTIONS (see 3-B-21-6 for additional information).  The agency has the basic
right to take other personnel actions, including the filling of
vacant positions using authority other than OPM's retention
regulations, before, during, and after a reduction in force,
unless the agency has limited this right as a matter of policy. 
(5 CFR 351.201(a)(1))
o  Paragraph 3-A-3-4 covers management's general right to take
other personnel actions.  (5 CFR 351.201(a)(1))
(a)  A vacant position that is filled on or after the effective
date of the reduction in force, or immediately after the
effective date, is an available position for purposes of
determining employees' assignment rights.  (5 CFR 351.506(a))
(b)  The agency may make a voluntary offer of a vacant position
to a released employee as:
(1)  An offer in lieu of separation by reduction in force;
(2)  An offer in lieu of downgrading by reduction in force; or
(3)  An alternative offer in lieu of an offer of assignment by
reduction in force.
o  The grade-level limits applicable to offer of assignment under
the reduction in force regulations do not apply when the agency
makes a voluntary offer to a released employee.
o  This includes the option to offer a vacant
other-than-full-time position to a full-time employee or offer a
vacant full-time position to an other-than-full-time employee.  
o  Although the employee was reached for a reduction in force
action, these voluntary offers are not offers of assignment under
the retention regulations.
o  The agency must provide for competition through its internal
staffing plan if the offered position has more promotion
potential than the employee's present position.

o  The placement action is processed as a reassignment, position
change, change to lower grade, or change in work schedule, and
should be documented to show that the employee accepted the
position as a voluntary offer in lieu of reduction in force.
o  Voluntary offers of vacant positions that are in a different
competitive area within the same local commuting area, must be
consistent with the Reemployment Priority List, and any other
applicable transition programs.  (Module 6 covers the
Reemployment Priority List.)
o  Voluntary offers of vacant positions that are in both a
different competitive area and a different local commuting area
are not subject to the Reemployment Priority List, but may be
covered by other applicable agency-specific transition programs. 
7.  MODIFICATION OF QUALIFICATIONS REQUIREMENTS IN OFFERING
POSITIONS IN LIEU OF RIF SEPARATION OR OTHER RIF ACTIONS.  At its
option, an agency may modify OPM's qualifications standards and
requirements in offering a vacant position to a released employee
in lieu of separation or other reduction in force action.  
o  The offer may be a reassignment or a voluntary change to lower
grade.
o  See paragraph 3-A-25-9 for additional information.

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 22.  USING VACANT TEMPORARY POSITIONS AS PLACEMENT OFFERS
1.  TEMPORARY POSITIONS ARE NOT AVAILABLE POSITIONS (see 3-B-22-1
for additional information).  An employee released from a
competitive level by reduction in force does not have assignment
rights to a position in a different competitive level that is
held by a temporary (tenure group 0) employee.  (5 CFR
351.701(a))
o  A temporary employee (tenure group 0 is a noncompeting
employee in reduction in force competition.  (5 CFR 351.501(b))
o  Paragraph 3-A-16-2(a) provides that an agency must separate
all temporary employees from a competitive level before a
competing employee is released from that level by reduction in
force.  (5 CFR 351.602(a))
2.  USING A TEMPORARY POSITION AS A RIF OFFER OF ASSIGNMENT (see
3-B-22-2 for additional information).  At its discretion, an
agency may use a vacant temporary position that will last at
least 3 months as a reduction in force offer of assignment to a
competing employee who has no assignment right to another
position and who will otherwise be separated by reduction in
force.  (5 CFR 351.704(b)(4))  
o  The agency makes the offer of the vacant temporary position as
a reduction in force offer of assignment on the same basis as
other vacant positions offered in RIF (see 3-A-20), including the
three-grade or grade-interval limits.  (5 CFR 351.704(b)(4))  
  
o  When an employee accepts a temporary position as a reduction
in force offer of assignment, the employee retains the same
status and tenure (e.g., a competitive service employee in
Subgroup I-B retains the I-B status after entering on duty in the
temporary position).  (5 CFR 351.701(a))
o  If the temporary appointment expires or the agency abolishes
the position, the employee is again entitled to compete under the
reduction in force regulations based on the retained status and
tenure if the employee is faced with separation or downgrading. 
(5 CFR 351.701(a))

3.  USING A TEMPORARY POSITION FOR REEMPLOYMENT FOLLOWING RIF
SEPARATION.  At its discretion, an agency may offer reemployment,
or continued employment, in a vacant temporary position if a
competing employee has no right of assignment.
(a)  The agency must follow tenure group and subgroup standing in
offering an employee appointment to a temporary position in the
same same local commuting area as the reduction in force.  (5 CFR
330.205(a))
o  The requirement to follow tenure group and subgroup standing
ensures compliance to the agency's reemployment priority list. 
(5 CFR 330.205(a))
 
o  When an employee accepts a temporary position as an offer of
reemployment following separation by reduction in force, the
action is processed as a separation followed by a new temporary
appointment.
(b)  The agency may reemploy the separated employee in the
temporary position with no break in service, or reemployment
following a break in service.
o  The agency must follow tenure group and subgroup standing in
order to comply with the agency's reemployment priority list.  (5
CFR 330.205(a))
o  In the temporary position, the employee's status and tenure
are changed to that which is appropriate for the temporary
appointment (i.e., tenure Group 0), reflecting that the employee
is not covered by OPM's reduction in force regulations.  (5 CFR
351.501(b))
  
o  If the temporary appointment expires or the agency abolishes
the temporary position, the agency may separate the employee
without regard to OPM's reduction in force regulations.  (5 CFR
351.501(b))

(c)  The agency may offer an employee who has received a notice
of separation by reduction in force the opportunity to convert to
a temporary (i.e., tenure Group 0) position in lieu of
involuntary separation.  
o  In making an appointment to the temporary position, the agency
must follow tenure group and subgroup standing in order to comply
with the agency's reemployment priority list.  (5 CFR 330.205(a))

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 23.  CONSIDERATION OF GRADES IN MEETING EMPLOYEES'
ASSIGNMENT RIGHTS
1.  RANGE OF GRADES AND GRADE-INTERVALS IN DETERMINING ASSIGNMENT
RIGHTS.  Section 3-A-19 covers the range of grade limits that
apply to employees' bump and retreat rights.
o  Employees have bump and retreat rights to positions at the
same grade, or down to three grades or grade-intervals (or
equivalent) below the position from which the employee is
released.  (5 CFR 351.701(b)(2); 5 CFR 351.701(c)(2))
o  Employees who are eligible for veterans' preference in
reduction in force and are receiving a service-connected
compensable disability of 30% or more have retreat rights to
positions at the same grade, or down to five grades or
grade-intervals (or equivalent) below the position from which the
employee is released.  (5 CFR 351.701(c)(2))
2.  EMPLOYEE'S POSITION OF RECORD DETERMINES GRADE AND
GRADE-INTERVAL RANGE.  The agency uses the grade progession of
the released employee's official position of record to determine
the grade limits of the employee's assignment rights.  (5 CFR
351.701(f)(1)
3.  DISTINCTION BETWEEN GRADE AND GRADE-INTERVAL.  The difference
between successive grades in a:
(a)  One-grade occupation is a GRADE difference.
(b)  Multi-grade occupation is a GRADE-INTERVAL difference.  
o  A position with a one-grade progression is comprised of
consecutive grade levels (e.g., GS-5-6-7-8). 
o  A position with a two-grade, or other multi-grade progression
is comprised of nonconsecutive grade levels (e.g., GS-5-7-9-11). 
o  After the agency determines the range, employee have
assignment rights to positions at all grades within the
grade-interval limits, including positions in intervening grades
within the grade-interval progression in both the employee's
present pay system, and positions in other pay systems.  (5 CFR
351.701(b)(2); 5 CFR 351.701(c)(2))

4.  DETERMINING THE GRADE-INTERVAL PROGRESSION FOR GENERAL
SCHEDULE POSITIONS.  For positions covered by the General
Schedule, the agency must determine whether a one-grade, two-grade, or mixed grade interval progression is applicable to the
position of the released employee.  (5 CFR 351.701(f)(2))
o  For General Schedule positions, a two-grade-interval
progression applies to the occupations listed in the
"Introduction to the Position Classification Standards."  
o  Employees released from two-grade-interval positions have
assignment rights to positions at all grade levels within these
grade limits, including positions that are not part of the
two-grade progression (e.g., assignment rights to a GS-8 position
when the two-grade progression provides the employee with
assignment rights GS-9-7-5-4 when the entry level of the
two-grade progression is GS-5).  (5 CFR 351.701(b)(2); 5 CFR
351.701(c)(2)) 
  
o  The use of grade intervals extends only to the entry level of
the position with a two-grade progression (e.g., GS-9-7-5 when
the entry level of the two-grade progression is GS-5).  
o  If applicable, the agency provides the employee with
assignment rights of three grades or grade intervals by using a
one-grade basis to determine grade limits below the entry level
of the position with a two-grade progression (e.g., GS-9-7-5-4
when the entry level of the two-grade progression is GS-5).  (5
CFR 351.701(f)(5) 
o  Employees released from one-grade-interval positions have
assignment rights to positions up to three grade levels below the
employee's present position (e.g., GS-7-6-5-4 when the entry
level of the one-grade progression is GS-4). 
o  For mixed interval jobs (e.g., a GS-9 position that progresses
GS-5-6-7-9), the assignment right grade limits are based on
progression to the present position.  (5 CFR 351.701(f)(2)  
o  If the employee holds a position that is less than three
grades above the lowest grade in the classification system (e.g.,
the employee holds a GS-2 position), the employee still has
potential assignment rights to positions in other pay systems
with a representative rate lower than the position held by the
released employee.  (5 CFR 351.701(f)(5))  
  
5.  DETERMINING THE GRADE INTERVAL PROGRESSION FOR POSITIONS NOT
COVERED BY THE GENERAL SCHEDULE-GENERAL AGENCY RESPONSIBILITY TO
ESTABLISH LINE OF PROGRESSION.  For positions not covered by the
General Schedule, the agency has the responsibility to establish
the normal line of progression for each occupational series and
grade level, and to then apply employees' assigment limits based
on this determination.  (5 CFR 351.701(f)(3)) 
  
6.  DETERMINING THE GRADE INTERVAL PROGRESSION FOR POSITIONS NOT
COVERED BY THE GENERAL SCHEDULE-SCOPE OF POSITIONS CONSIDERED BY
THE AGENCY.  At its discretion, the agency may establish the
normal line of progression by: (5 CFR 351.701(f)(3))
(a)  Competitive area;
(b)  A larger subdivision of the agency including multiple
competitive areas; or 
(c)  An agencywide or departmentwide basis.
7.  DETERMINING THE GRADE INTERVAL PROGRESSION FOR POSITIONS NOT
COVERED BY THE GENERAL SCHEDULE-MOVEMENT BETWEEN POSITIONS.  Each
single or multi-grade movement within the normal line of
progression is considered a grade interval for purposes of
applying the grade range limitations on assignment rights.  (5
CFR 351.701(b)(2); (5 CFR 351.701(c)(2)); (5 CFR 351.701(f)(3))
o  The normal line of progression may include grade levels in
different pay systems.  (5 CFR 351.701(f)(3))
o  Once the agency establishes the normal line of progression
agency for a particular series and grade level, the same grade
level limits for bump and retreat are applied to all employees in
that series and grade level without regard to an employee's
actual progression to that grade level.  (5 CFR 351.701(f)(1); 5
CFRF 351.701(f)(3))  
o  Determination of grade limits below the starting point of the
normal line of progression is made on a one-grade basis (e.g.,
WG-10-8-5-4 when the entry level of the progression is WG-5).  (5
CFR 351.701(f)(5)) 

8.  DETERMINING THE GRADE INTERVAL PROGRESSION FOR POSITIONS NOT
COVERED BY THE GENERAL SCHEDULE-NO PROGRESSION EXISTS.  In some
situations, the agency may determine that there is no line of
progression to a particular series and grade level (e.g., when an
agency normally fills a particular series and grade at the
journeyman level from outside the agency).  (5 CFR 351.701(f)(3))
o  In this situation, grade interval progression is not
applicable and the agency provides the employee with assignment
rights to positions up to three grades lower, as determined on a
one-grade basis (e.g., a WG-10 employee in a series and grade
which has no line of progression would have assignment rights to
positions based upon WG-10-9-8-7).  (5 CFR 351.701(f)(3))
9.  DETERMINING THE GRADE INTERVAL PROGRESSION FOR POSITIONS NOT
COVERED BY THE GENERAL SCHEDULE-NO GRADE STRUCTURE EXISTS.  In a
situation where no grade structure exists (e.g., the agency uses
negotiated pay rates), the agency determines if a line of
progression exists for each occupation/pay rate and provides
assignment rights to positions up to three grade-intervals lower
on that basis.  (5 CFR 351.701(f)(4))

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 24.  CONSIDERATION OF REPRESENTATIVE RATES WHEN
DETERMINING EMPLOYEES' ASSIGNMENT RIGHTS
1.  COMPARING POSITIONS.  Agencies may need to compare positions
in different pay schedules to determine an employee's eligibility
to bump or retreat to a position in a different pay schedule.  (5
CFR 351.701(e)(1))
o  When two or more positions are in different pay schedules, the
"REPRESENTATIVE RATES" of the positions are used to determine
equivalent grade levels and the best offer of assignment for a
released employee.  (5 CFR 351.701(a))
o  Representative rates are not used when positions are in the
same pay schedule because the agency directly compares the grades
or levels of the positions.  (5 CFR 351.203; 5 CFR 351.701(e))
2.  PAY SCHEDULE DEFINITION (see 3-B-24-2 for additional
information).  "PAY SCHEDULE" means any one set of pay rates
identified by statute or by an agency as applying to a group of
occupations. 
o  The General Schedule (GS) is one pay schedule regardless of
special rates or premium rates.  (5 CFR 531.101)  
o  The regular nonsupervisory, leader, and supervisory schedules
of the Federal Wage System which are considered to be separate
pay schedules regardless of special rates.  (5 CFR 532.203)  
o  Agency special wage schedules for positions not under the
regular schedules of the Federal Wage System also are considered
to be separate pay schedules.  (5 CFR 532.254)
3.  REPRESENTATIVE RATE-DEFINITION (see 3-A-24-3 for additional
information).  Representative rate is: (5 CFR 351.203)
(a)  The fourth step of the grade for a position under the
General Schedule (except a GS-18 has a single rate); (5 CFR
531.403); (5 CFR 532.401)

(b)  The prevailing rate for a position under the Federal Wage
System or similar wage-determining procedure; (5 CFR 532.401),
and
o  Under a wage system with five steps for each grade level or
rating, the second step is based on the local prevailing rate and
is designated the representative rate.  (5 CFR 532.401)
(c)  For other positions, the rate designated by the agency as
representative of the position.  (5 CFR 351.203); (5 CFR 532.401)
o  The representative rate of a Senior-level (SL) position
established under authority of 5 U.S.C. 5376, and classified
above GS-15, is the rate designated by the agency as
representative of the position.  (5 CFR 351.203); (5 CFR 534.501)
4.  REPRESENTATIVE RATE-EXPLANATION.  A representative rate is
the basic rate of pay without regard to overtime, night
differential, post differential, cost of living allowances, or
premium pay.  (5 CFR 531.403); (5 CFR 532.401)
o  Locality-based comparability payments for General Schedule
employees under 5 U.S.C. 5304 are not considered in determining
the representative rate.  (5 CFR 531.403)   
5.  REPRESENTATIVE RATE-CALCULATION.  For General Schedule
positions and other positions with per annum salary, the hourly
equivalent of the representative rate is obtained by dividing the
annual rate by 2,087 with the result adjusted to the nearest
cent, counting one-half and over as the next whole cent.  (5 CFR
531.102(a))
6.  REPRESENTATIVE RATE-RATE USED TO DETERMINE RETENTION RIGHTS. 
The agency compares employees' representative rates that are in
effect on the date the agency issues specific reduction in force
notices.  (5 CFR 351.701(e)(2))
o  When the approval of new pay rates has been announced before
the date of notices and the new rates will be put into effect by
the effective date of the reduction in force, the new pay rates
must be used.  (5 CFR 351.701(e)(2))

7.  APPLICATION OF REPRESENTATIVE RATES IN DETERMINING EMPLOYEES'
ASSIGNMENT RIGHTS.  To determine whether a position in a
different pay schedule is within the bump and retreat grade
limits, the agency determines the representative rates for the
employee's current position and for the lowest grade to which the
employee has bump and retreat rights.  (5 CFR 351.701(b)(2); (5
CFR 351.701(c)(2))  
o  The agency then compares these limits with the representative
rates in the different pay schedule, and determines the range of
grades the employee may be assigned to in the other pay schedule. 
(5 cFR 351.701(a))  
o  The highest grade for an assignment right to a position in the
other pay schedule is the highest grade with a representative
rate that does not exceed the representative rate of the
employee's current position.  (5 CFR 351.704(b)(1))  
o  The lowest grade for an assignment right to a position in the
other pay schedule is the lowest grade with a representative rate
that is not less than the representative rate of the lowest grade
to which the employee has bump and retreat rights.  (5 CFR
351.701(b)(2); (5 CFR 351.701(c)(2))  

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 25.  CONSIDERATION OF QUALIFICATIONS WHEN DETERMINING
EMPLOYEES' ASSIGNMENT RIGHTS
1.  ONLY QUALIFIED EMPLOYEES HAVE ASSIGNMENT RIGHTS (for
additional information, see 3-B-25-1).  An employee released from
a competitive level by reduction in force has bump or retreat
rights to another position held by an employee with lower
retention standing only if the released employee is qualified for
assignment.  (5 CFR 351.701(a))
2.  QUALIFICATIONS STANDARD (for additional information, see 3-B-25-2).  Except as covered in paragraph 3-A-23-8 (waiver of
qualifications in offering assignment to a vacant position), a
released employee is qualified for assignment to an "Available
Position" (see 3-A-19-4 for definition) if the employee:
(a)  Meets OPM-established and requirements for the position,
including any minimum educational requirement, and any selective
placement factors established by the agency; (5 CFR
351.702(a)(1))
(b)  Is physically qualified, with reasonable accomodation where
appropriate, to perform the duties of the position; (5 CFR
351.702(a)(2))
(c)  Meets any OPM-approved special qualifying condition for the
position; (5 CFR 351.702(a)(3)), and 
(d)  Clearly demonstrates based on overall background, including
recency of experience when appropriate, the ability to
successfully perform the duties of the position upon assignment
to it without undue interruption to the activity beyond that
normally expected in the orientation of any new but fully
qualified employee.  (5 CFR 351.702(a)(3))  
o  "UNDUE INTERRUPTION" is defined in 3-A-5-1-v, and means that a
qualified employee should not need a significant amount of
training in the actual duties of the position, although
orientation in organizational structure, terminology, office
policies, etc. may be needed.  (5 CFR 351.203)

3.  OTHER QUALIFICATIONS FACTORS.  Besides the standard covered
in paragraph 3-A-25-2 above, an agency must, when applicable,
consider other factors in determining whether a released employee
is qualified for assignment to another position.  (5 CFR 351.702)
(a)  Before a released employee may be assigned to a trainee or
developmental position, the employee must meet additional
conditions in Section 3-A-26.  (5 CFR 351.702(e))
(b)  The agency may not consider the sex of a released employee
in determining the employee's qualifications for assignment,
except for positions where OPM has approved certification of
eligibles by sex.  (5 CFR 351.702(b))
(c)  An agency may not deny a released employee assignment rights
solely because an employee on leave of absence due to a
compensable injury is not physically qualified for a position
when the disqualification results from the compensable injury. 
(5 CFR 351.702(c))
o  Instead, the agency makes a decision on the employee's
physical qualifications when the employee requests a return to
duty under 5 CFR 353.302 and 5 CFR 353.303.  (5 CFR 351.702(c))
(d)  In determining whether the assignment of a released employee
would result in undue interruption to the activity under
3-A-25-2-(4) above, the agency may not use the "RECENCY OF
EXPERIENCE" provision to disqualify an employee simply because
the employee has not worked for some time in a particular
function or occupation.  (5 CFR 351.702(a)(4))    
o  The agency may use a recency of experience requirement in
determining the employee's assignment right only for a position
where the agency can demonstrate that this added requirement is
appropriate for successful performance on the job.  (5 CFR
351.702(a)(4))    
(e)  Before the agency may restrict assignment of a released
employee to certain positions because the employee lacks a
security clearance, the agency must consider additional undue
interruption issues that are covered in Section 3-A-27.  

4.  ASKING EMPLOYEES FOR A QUALIFICATIONS UPDATE (see 3-B-25-4
for additional information).  An agency may ask employees to
update their qualifications statements prior to a reduction in
force and may establish a formal deadline for the receipt of this
material.  (5 CFR 351.702(a))  
o  The agency is not obligated to consider material received
after the deadline in determining the employee's qualifications
for assignment to other positions.
5.  MAKING QUALIFICATIONS DETERMINATIONS-GENERAL (see 3-B-25-5
for additional information).  The agency reviews available
records (e.g., the employee's Official Personnel Folder, a
personal qualifications update, etc.) with information on the
released employee's education, training, and experience to
determine whether the employee is qualified for assignment to a
position in a different competitive level.
6.  MAKING QUALIFICATIONS DETERMINATIONS-PHYSICAL QUALIFICATIONS
DETERMINATIONS (see 3-B-25-6 for additional information).  The
agency determines on the basis of available information whether
an employee is physically qualified, with reasonable accomodation
if necessary, for a position.  (5 CFR 351.702(a)(2))  
                               
(a)  The agency's determination on whether a released employee is
physically qualified for assignment to another position does not
require that the agency conduct a separate medical examination
for that purpose.  
o  A physical examination may be required when the employee is
being considered for a position which is subject to physical or
medical standards, is covered by a medical surveillance program
established by agency regulations, or has important duties which
are more physically arduous than the position previously held. 
o  OPM approval of a decision that an employee is not physically
qualified is not required except in the case of employees who are
30 percent or more disabled veterans, as covered in paragraph
3-A-23-7 below.

(b)  An agency may not deny reduction in force assignment rights
to an employee who is reached for release from a competitive
level during a leave of absence that resulted from a compensable
injury solely because the employee is physically disqualified as
a result of the compensable injury.  (5 CFR 351.702(c)).
o  The agency must determine whether the injured employee is
entitled to any reduction in force assignment rights, subject to
recovery from the injury as provided by 5 U.S.C. 8151 and 5 CFR
Part 353.  (5 CFR 351.702(c))
7.  MAKING QUALIFICATIONS DETERMINATIONS-PHYSICAL QUALIFICATIONS
DETERMINATIONS FOR CERTAIN DISABLED VETERANS.  If the agency
determines on the basis of available evidence that a veteran with
a compensable service-connected disability of 30 percent or more
is not able to fulfill the physical requirements of a position
which the employee otherwise would have been offered, the agency
must notify OPM of this determination.  (5 CFR 351.201(d)) 
(a)  A veteran is entitled to this procedure if the employee is
receiving a compensable-service connected disability of 30% or
more, even though the employee may not be a preference eligible
in reduction in force competition (e.g., the employee is retired
from the Armed Forces under a provision that excludes veterans'
preference for retention purposes).  (5 CFR 351.201(d)) 
 
(b)  At the same time, the agency must notify the employee of the
determination, the reasons for the finding, and of the employee's
right to respond to OPM within 15 days of the notification.  (5
CFR 351.201(d)) 
 
(c)  The agency must submit the reasons for the determination to
OPM, along with the complete medical information on which the
determination was based.  (5 CFR 351.201(d)) 
(d)  The agency is also required to demonstrate to OPM that the
notification was timely sent to the employee's last known
address.  (5 CFR 351.201(d)) 
 
(e)  The agency may not assign any other person to the position
until OPM has made a final determination concerning the physical
qualifications of the employee for the position.  (5 CFR
351.201(d)) 

(f)  After OPM has completed its review of the proposed
disqualification, it will send its findings to both the agency
and the employee.  The agency is required to comply with OPM's
findings.  (5 CFR 351.201(d)) 
(g)  The agency must send the case to:
     Office of Personnel Management
     Associate Director,
     Employment Service 
     Staffing Reinvention Office
     1900 E Street, N.W.
     Washington, D.C. 20415  
(Telephone: 202-606-0830; Fax: 202-606-0390)
8.  WAIVER OF QUALIFICATIONS REQUIREMENTS IN OFFERING RIF
ASSIGNMENT TO VACANT POSITIONS.  In offering a released employee
assignment to a vacant position, an agency, at its discretion,
may waive OPM's qualifications standards and requirements for the
position, if the agency determines that the employee: (5 CFR
351.703)
(a)  Meets any minimum education requirement for the position; (5
CFR 351.703(a)), and
(b)  Has the capacity, adaptability, and special skills needed to
satisfactorily perform the duties and responsibilities of the
position.  (5 CFR 351.703(a)(2).  
o  The promotion potential of the offered vacant position is not
a consideration in offering employee assignment.  (5 CFR
351.701(a))
o  Section 3-A-21 covers the use of vacant positions in meeting
employees' assignment rights.

9.  MODIFICATION OF QUALIFICATIONS IN OFFERING POSITIONS IN LIEU
OF RIF SEPARATION OR OTHER RIF ACTIONS.  The Qualifications
Standards Handbook provides that an agency, at its discretion,
may modify qualifications standards for inservice placement
actions if the agency determines that the employee can
successfully perform the work of a position even though the
employee may not meet all the requirements in the OPM
qualification standard.  
o  With this option, an agency may modify OPM's qualification
standards for interagency and intraagency inservice placement
actions, including reassignment, voluntary change to lower grade,
transfer, reinstatement, or repromotion to a grade not higher
than a grade previously held.  
o  A placement action made under this authority may only to a
position with no more promotion potential than the employee's
present position without competition under the agency's internal
staffing plan.
o  Paragraph 3-A-21-5 covers the use of vacant positions as
offers in lieu of separation or other reduction in force actions.
                               
MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 26.  USE OF TRAINEE AND DEVELOPMENTAL POSITIONS WHEN
DETERMINING EMPLOYEES' ASSIGNMENT RIGHTS
1.  ASSIGNMENT TO A TRAINEE OR DEVELOPMENTAL POSITION.  An agency
must consider three additional qualifications requirements when
determining whether a released employee has assignment rights to
a position held by a lower-standing employee in a
formally-designated trainee or developmental position:  (5 CFR
351.702(e))
(a)  Whether the lower-standing employee holds a formally
designated trainee or developmental position; 
(b)  Whether the higher-standing employee meets all of the
conditions for selection and entry into the formally designated
trainee or developmental program; and,
(c)  If (a) and (b) are applicable, whether undue interruption
would result if the higher-standing employee displaced the
employee holding the trainee or developmental position.
o  These additional conditions apply when the released employee
is otherwise qualified for assignment to the position, as covered
in Section 3-A-25.
2.  DEFINITION OF A TRAINEE OR DEVELOPMENTAL POSITION (see 3-B-26-2 for additional information).  A formally designated trainee
or developmental position is in a program that:
(a)  Has been designed to meet the agency's needs and
requirements for the development of skilled personnel; (5 CFR
351.702(e)(1))
(b)  Has been formally designated, with its provisions announced
to employees and supervisors; (5 CFR 351.702(e)(2))
(c)  Is developmental by design, offering planned growth in
duties and responsibilities and providing advancement in
recognized lines of career progression; (5 CFR 351.702(e)(3)),
and 

(d)  Is fully implemented, with the participants chosen through
standard selection procedures.  (5 CFR 351.702(e)(4)) 
o  Positions in programs that do not meet all of these conditions
are not considered trainee or developmental positions for
reduction in force purposes.
  
o   Positions identified simply as "career ladder" positions,
which do not meet all of the four characteristics covered above
are not considered as trainee or developmental positions for
reduction in force purposes.
3.  FULLY TRAINED EMPLOYEES HAVE NO ASSIGNMENT RIGHTS TO A
TRAINEE OR DEVELOPMENTAL POSITION (see 3-B-26-3 for additional
information).  OPM's reduction in force regulations do not
authorize assignment of a higher-standing employee who has
completed a course of training or development, or who is
otherwise fully trained, into a position in a formally designed
trainee or dvelopmental program because the employee no longer
meets the conditions for entry into the program.  (5 CFR
351.702(e))
o  These restrictions prevent a journeyman to bump or retreat
into an apprenticeship program for the same trade or craft, or
for the graduate of an intern program to bump or retreat into the
same intern program.  (5 CFR 351.702(e))
o  OPM's reduction in force regulations do not specifically bar
higher-standing employees from displacing employees in trainee or
developmental positions.  (5 CFR 351.701(a))
o  A released employee may displace a lower-standing employee in
a trainee or developmental position only if the released employee
is otherwise qualified for assignment to the position, and no
undue interruption would result from the placement.  (5 CFR
351.702(e))
4.  MAKING QUALIFICATIONS DETERMINATIONS WHEN CONSIDERING
ASSIGNMENT RIGHTS TO A TRAINEE OR DEVELOPMENTAL POSITION.  An
agency first reviews a released employee's qualifications for
assignment to a formally-designated trainee or developmental
position under the qualifications standard covered in Section
3-A-25.  (5 CFR 351.702(e))  

o  In determining whether the employee has assignment rights to a
formally-designated trainee or developmental position, the agency
must consider whether the offer would result in undue
interruption (see 3-A-4-1-v).  (5 CFR 351.702(e))  
o  Since a formally-designated trainee or developmental program
always includes planned career advancement based upon progressive
training or rotational assignments, undue interruption would
normally result if an employee was assigned to a trainee or
developmental position more than 90 days after the program
started.  (5 CFR 351.702(e))  
o  In order to be considered qualified for assignment to a
trainee or developmental position when undue interruption may not
be a consideration (e.g., when the formally-designated trainee or
developmental program started less than 90 days before the
effective date of the reduction in force, an employee must meet
all of the conditions required for selection and entry into the
program.  (5 CFR 351.702(e)(4))  
    

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 27.  CONSIDERATION OF SECURITY CLEARANCES WHEN
DETERMINING EMPLOYEES' ASSIGNMENT RIGHTS
1.  ASSIGNMENT TO A SENSITIVE POSITION.  An agency first
determines an employee's qualifications for assignment to a
sensitive position in the same manner that it makes
qualifications determinations for assignment to other positions
(see Section 3-A-25).  
o  In making a qualifications determination involving assignment
to a sensitive position, the agency may consider whether the time
period required for completion of a security clearance will
result in undue interruption to the activity, and apply that
standard in determining whether the released employee has a
potential right of assignment.
o  Undue Interruption is defined in 3-A-4-1-v, and generally
requires that an otherwise qualified employee be able to fully
perform the position within 90 days after the assignment is made
on the effective date of the reduction in force.
o  An employee who does not have a right of assignment to a
sensitive position because approval of the security clearance
would result in undue interruption is not qualified for
assignment to that position, but still has potential assignment
rights to other positions with the same or a lower representative
rate.  (5 CFR 351.701(a))
2.  AGENCY MUST INITIATE CLEARANCE PROCESS WHEN IT DETERMINES
POTENTIAL RIGHT OF ASSIGNMENT.  When an agency can satisfy an
employee's right of assignment only by an offer of a sensitive
position, the agency may not delay or deny the assignment solely
because the employee does not have the appropriate security
clearance or is in the process of obtaining the clearance.  
o  When the agency determines that an employee has a right of
assignment to a sensitive position and that the employee's lack
of a security clearance will not result in undue interruption,
the agency at that time should initiate the actions to obtain the
clearance.  

3.  WORK ASSIGNMENTS WHILE APPROVAL OF CLEARANCE IS PENDING. 
While the security clearance is being processed, the agency may
assign the employee to the sensitive position on the effective
date of the reduction in force.  If the agency cannot allow the
employee access to classified material or permit the employee to
perform the duties of the sensitive position, in some situations
the agency may:
o  Give the employee nonsensitive duties of the position to
perform;
o  Detail the employee to a nonsensitive position, or set of
duties; 
o  Grant leave upon the employee's request; 
o  Suspend the employee as provided in Executive Order 10450 and
related authorities specified in 5CFR 732;  
o  Temporarily give the duties of the sensitive position to
another qualified employee with the requisite security clearance;
or 
  
o  Use a discretionary temporary exception to the regular order
of release from a competitive level (see paragraphs 3-A-17-9
through 3-A-17-12).  
4.  ASSIGNMENT RIGHTS WHEN CLEARANCE IS DENIED.  When an agency
can satisfy an employee's right of assignment only by an offer of
a sensitive position, but the employee fails the security
clearance and is therefore not qualified for assignment to the
sensitive position, the agency has two principal options:
(a)  Separate the employee by reduction in force from the
position the employee holds at the time of release from the
competitive level because the employee has no right of assignment
to the position; (5 CFR 351.603), or
o  In this situation, the agency would have used a discretionary
temporary exception to retain the released employee past the
effective date of the reduction in force.

(b)  Upon completion of the security clearance process, the
agency may take any appropriate action, including removal, as
provided in Executive Order 10450 and related authorities
specified in 5 CFR 732.
o  In this situation, the agency would have placed the employee
through reduction in force procedures into the sensitive position
with the security clearance.

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 28.  ADMINISTRATIVE ASSIGNMENT OPTIONS
1.  ASSIGNMENT OPTIONS.  An agency may, at its discretion, adopt
any of the three options in paragraphs 3-A-28-2 through 3-A-28-4
below for assigning employees in a reduction in force.  (5 CFR
351.705(a))
o  These options are subject to the restrictions covered in
paragraphs 3-A-28-5 and 3-A-28-6 below.  (5 CFR 351.705(b))
2.  BUMPING IN THE SAME SUBGROUP.  An agency may permit competing
employees in tenure Group I and Group II to displace other
employees with lower retention standing within the same subgroup. 
(5 CFR 351.705(a)(1))
   
o  The determination of the employee's bumping rights must be
consistent with the bumping provisions covered in paragraph
3-A-20-1.  (5 CFR 351.705(a)(1))
o  The agency may use this option only to offer a released
employee assignment to a position with a representative rate
higher than that provided by the usual bumping procedures (i.e.,
displacing an employee on a different competitive level who is in
a lower tenure Group, or in a lower subgroup within the same
subgroup as the released employee).  (5 CFR 351.705(a)(1))
3.  BUMPING RIGHTS FOR EMPLOYEES IN TENURE GROUP III (see 3-B-28-3 for additional information).  An agency may permit competing
employees in tenure Group III to bump other employees in tenure
Group III.  (5 CFR 351.705(a)(2))  
o  Unless provided by the agency, Group III employees have no
right of assignment under the reduction in force regulations.  (5
CFR 351.705(a)(2))  
o  An agency may not provide a Group III employee with retreat
rights.  (5 CFR 351.705(a)(2))  
4.  ASSIGNMENT RIGHTS FOR EXCEPTED SERVICE EMPLOYEES.  An agency
may establish a system of assignment rights for competing
employees in the excepted service to other excepted positions
filled under the same appointing authority as the position held
by the released employee.  (5 CFR 351.705(a)(3))  

o  Unless provided by the agency, excepted employees have no
right of assignment under the reduction in force regulations.  (5
CFR 351.701(a); 5 CFR 351.705(a)(3))  
o  An agency may not provide excepted employee assignment rights
to other excepted positions filled under different appointing
authorities than the position held by the released employee.  (5
CFR 351.705(a)(3))  
5.  REQUIREMENT THAT ADMINISTRATIVE ASSIGNMENT RIGHTS MUST BE
CONSISTENT WITH THE RIF REGULATIONS.  If the agency offers
employees assignment rights under any of the three administrative
assignment options covered in paragraphs 3-A-26-2 through
3-A-26-4 above, the provisions must be consistent with OPM's
reduction in force regulations.  (5 CFR 351.705(b)(1))
o  The agency must apply the administrative assignment provisions
uniformly and consistently in any one reduction in force.  (5 CFR
351.705(b)(2))
6.  RESTRICTIONS ON ADMINISTRATIVE ASSIGNMENT RIGHTS.  If the
agency offers employees assignment rights under any of the three
administrative assignment options covered in paragraphs 3-A-28-2
through 3-A-28-4 above or under authority, the agency may not
authorize:
(1)  Displacement of an employee, except by an employee with
higher retention standing; (5 CFR 351.705(b)(1))
(2)  Assignment of an other-than-full-time employee to a
full-time position, except as an offer of assignment to a vacant
position in lieu of separation by RIF; (5 CFR 351.705(b)(3))
   
(3)  Assignment of a full-time employee to an
other-than-full-time position, except as an offer of assignment
to a vacant position in lieu of separation by RIF; (5 CFR
351.705(b)(4))  
(4)  Assignment of an employee in the competitive service to a
position in the excepted service; (5 CFR 351.705(b)(5))
   
(5)  Assignment of an employee in the excepted service to a
position in the competitive service.  (5 CFR 351.705(b)(6))

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 29.  REDUCTION IN FORCE NOTICES TO EMPLOYEES
1.  DEFINITION OF A SPECIFIC RIF NOTICE.  A specific reduction in
force notice is a written communication from an agency official
to an individual employee stating that the employee will be
reached for a reduction in force action.  (5 CFR 351.801(a)(1))  
o  This definition of "Notice" is also covered in paragraph
3-A-4-1-l.  
o  As used in this Section, "REDUCTION IN FORCE NOTICE" means a
specific reduction in force notice.
2.  CERTIFICATION OF EXPECTED SEPARATION.  An agency may issue an
employee a "CERTIFICATION OF EXPECTED SEPARATION" (CES) to assist
the employee in pre-RIF placement assistance and early
outplacement assistance.  (5 CFR 351.807)  
o  Section 3-A-32 covers the CES option. 
3.  INFORMATIONAL NOTICES.  At its discretion, an agency may
issue an advance informational notice to alert employees that a
reduction in force may be necessary.  
o  An informational notice does not count toward the mandatory
notice period for a specific reduction in force notice.
o  An informational notice does not satisfy an employee's right
to a specific reduction in force notice.  
4.  CONTENT OF SPECIFIC RIF NOTICE (see 3-B-29-4 for additional
information).  A specific reduction in force notice must contain
the following information: (5 CFR 351.802)
(a)  What reduction in force action is being taken (i.e.,
separation, demotion, furlough for more than 30 days, etc.); (5
CFR 351.802(a)(1))
(b)  The reasons for the reduction in force action; (5 CFR
351.802(a)(1)) 
(c)  The effective date of the action; (5 CFR 351.802(a)(1))

(d)  The employee's competitive area, competitive level,
retention subgroup, service date, and annual performance ratings
of record received during the last 4 years before the agency
issues reduction in force notices or freezes ratings used to
determine employees' retention standing; (5 CFR 351.802(a)(2))
(e)  The place where the employee may inspect the regulations and
records pertinent to his or her case; (5 CFR 351.802(a)(3))
(f)  If applicable, the reasons for retaining a lower-standing
employee under a mandatory exception (5 CFR 351.606), a
discretionary continuing exception (5 CFR 351.607), or a
discretionary temporary exception (5 CFR 351.608);  (5 CFR
351.802(a)(3))
o  For additional information on exceptions to the order of
release, see paragraphs 3-A-17-5 through 3-A-17-15.
(g)  If applicable, explain that employees are being separated
under the liquidation procedures without regard to retention
standing within the subgroup, and the date the liquidation
reduction in force will be completed;  (5 CFR 351.605), and
o  For additional information on the liquidation provision in
reduction in force, see paragraphs 3-A-17-11 and 3-A-17-12.  
(h)  As applicable, the employee's right to appeal the reduction
in force action to the Merit Systems protection Board under the
provisions of the Board's regulations, or to grieve the action
under a negotiated grievance procedure; (5 CFR 351.802(a)(6)).  
5.  REQUIREMENT TO PROVIDE EMPLOYEE WITH A COPY OF OPM's RIF
REGULATIONS.  When an agency issues a specific reduction in force
notice to an employee, the agency must, at the employee's
request, provide the employee with a copy of OPM's retention
regulations found in 5 CFR Part 351.  (5 CFR 351.802(b))
6.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED
BY RIF IN FORCE INCLUDING THE REVISED NOVEMBER 24, 1997, RIF
REGULATIONS.  OPM published final retention regulations in the
Federal Register on November 24, 1997, at 62 FR 62495, with
revised procedures providing additional notice requirements when
employees are separated by reduction in force.

o  Paragraph 3-A-30-2 covers the additional notice requirements
when employees are separated by reduction in force under under
OPM's November 24, 1997, retention regulations.
o  Appendix C of Module 3, Unit A, covers the additional notice
requirements when employees are separated by reduction in force
under under OPM's January 1, 1997, retention regulations.
7.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED
BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA. When an
agency separates 5O or more employees from a competitive area,
the agency has additional notice requirements to OPM, and to
other Federal and nonfederal organizations: (5 CFR 351.804(b) and
(c))  
o  Paragraphs 3-A-30-4 through 3-A-30-8 contain information on
these requirements.
8.   NOTICE TO BARGAINING UNIT REPRESENTATIVE.  At the same time
the agency issues a reduction in force notice to an employee, the
agency must also notify the exclusive representative(s), as
defined in 5 U.S.C. 7103(a)(16), of each affected employee at the
time of the notice.  (5 CFR 351.801(a)(3))
o  This notification requirement does not relieve the agency of
any obligations under the Federal Labor Management Relations
Statute, or an applicable collective bargaining agreement.
9.  LENGTH OF RIF NOTICE-MINIMUM 60-DAY RIF NOTICE FOR ALL
EMPLOYEES.  An agency must give each competing employee at least
60 days specific written notice before the effective date of the
reduction in force action.  (5 CFR 351.801(a)(1)) 
o  The applicable minimum notice period is applicable to all
reduction in force actions, including separation, demotion, and
furlough.  
10.  LENGTH OF RIF NOTICE-MINIMUM 120-DAY RIF NOTICE FOR CERTAIN
DOD EMPLOYEES.  Each competing employee of the Department of
Defense (DoD) is entitled, under implementing regulations issued
by DoD, to a specific written notice at least 120 full days
before the effective date of the reduction in force action when a
significant number of employees will be separated by reduction in
force.  (5 CFR 351.801(a)(2)).  

o  The basic requirement for 60 days specific written notice is
still applicable when less than a significant number of employees
will be separated by DoD.  (5 CFR 351.801(a)(1)) 
o  The special 120-day reduction in force notice requirement for
DoD is applicable during the period from January 20, 1993,
through January 31, 2000.  (5 U.S.C. 3502(d))
11.  LENGTH OF RIF NOTICE-NEW NOTICE REQUIRED FOR MORE SEVERE RIF
ACTION.  An employee is entitled to a new reduction in force
notice and notice period of, as applicable, at least 60 days or
120 days (or 30 days if the agency has obtained OPM approval for
a shorter notice period under 5 CFR 351.801(b)) only if the
agency takes a more severe reduction in force action than stated
in the prior notice to the employee.  (5 CFR 351.805(a)) 
                       
o  A change from a one-grade demotion to separation is an example
of a more severe reduction in force action.  
o  An agency may satisfy this additional notice period by use of
a discretionary temporary exception to satisfy a Government
obligation to an employee (see 3-A-17-9 and 3-A-17-10).
o  A new 60- or 120-day notice period is not required when an
agency takes the same, or a less severe, reduction in force
action, than specified in the prior notice. 
12.  LENGTH OF RIF NOTICE-NO MAXIMUM RIF NOTICE.  There is no
maximum reduction in force notice period under OPM's notice
regulations.  (5 CFR 351.801(a)(1))
13.  LENGTH OF RIF NOTICE-REQUESTING OPM APPROVAL FOR A SHORTER
RIF NOTICE PERIOD.  An agency may request OPM to authorize a
notice period of less than the minimum standard when a reduction
in force is caused by unforeseeable circumstances.  (5 CFR
351.801(b))
o  Section 3-A-30 covers how an agency submits a request for a
shorter reduction in force notice period to OPM.
o  The agency's request may cover either the 60 days reduction in
force notice requirement applicable to all agencies, or the 120
days reduction in force notice requirement applicable when to a
significant reduction in force in DoD.  

14.  SAME NOTICE REQUIREMENTS WHEN USING AN INDIVIDUAL EXCEPTION
TO THE RIF ORDER OF RELEASE.  When an agency makes an individual
exception to the regular reduction in force order of release
under a mandatory, continuing, or temporary exception, the
retained employee is entitled to a specific written notice at
least 60 or 120 days, as appropriate, before the effective date
of the reduction in force, unless the agency has obtained OPM
approval for a notice period shorter than the minimum standard
(see 3-A-29-9 and 3-A-29-10 above).  (5 CFR 351.801(d)).  
o  Paragraph 3-A-17-5 covers a mandatory exception to the regular
reduction in force order of release;
o  Paragraphs 3-A-17-6 and 3-A-17-7 cover a discretionary
continuing exception to the regular reduction in force order of
release; and
o  Paragraphs 3-A-17-9 through 3-A-17-11 cover a discretionary
temporary exception to the regular reduction in force order of
release.
  
o  The implementation date of a reduction in force action for an
employee covered by a discretionay continuing exception, or a
discretionary temporary exception, is the date on which the
exception expires (see paragraphs 3-A-17-7 and 3-A-17-11).  
o  The agency may not continue the reduction in force notice
period beyond the employee's retention period.  (5 CFR
351.801(d))  
15.  COMPUTING THE RIF NOTICE PERIOD.  The notice period begins
the day after the employee receives the reduction in force
notice.  (5 CFR 351.801(c))    
(a)  Neither the date the employee receives the notice, nor the
effective date of the reduction in force action, may be counted
in computing the notice period.  (5 CFR 351.801(c); 5 CFR
351.801(c))     
(b)  An agency may not count a Saturday, Sunday, or legal holiday
as the last day of the minimum notice period.  (5 CFR
210.102(b)(3))   

16.  AMENDED RIF NOTICE-LATER RIF DATE.  An agency must give an
employee an amended reduction in force notice if the reduction in
force is changed to a later date.  (5 CFR 351.805(b)  
o  A reduction in force action taken after the date specified in
the notice given to the employee is not invalid for that reason,
except when it is challenged by a higher-standing employee in the
competitive level who is reached out of order for a reduction in
force action as a result of the change in dates.  (5 CFR
351.805(b))
  
17.  AMENDED RIF NOTICE-EARLIER RIF DATE.  An agency may not take
a reduction in force action before the effective date in the
notice given to the employee.  (5 CFR 351.804(b))
o  To take a reduction in force action before the effective date
in the notice, the agency must cancel the reduction in force
notice and issue the employee a new, as appropriate, 60 or 120
day reduction in force notice.  (5 CFR 351.804(b))
18.  AMENDED RIF NOTICE-BETTER OFFER OF ASSIGNMENT.  An agency
must give an employee an amended reduction in force notice and
allow the employee to decide whether to accept a better offer of
assignment to a position with a higher representative rate that
becomes available before, or on, the effective date of the
reduction in force.  (5 CFR 351.805(c))
o  The agency must give the employee an amended notice regardless
of whether the employee has accepted or rejected a previous
offer.  (5 CFR 351.805(c))
 
o  The employee is still entitled to only one offer of assignment
and may be separated by reduction in force if the employee
rejects the better offer, or fails to reply to the better offer
within a reasonable time.  (5 CFR 351.603) 
19.  EXPIRATION OF RIF NOTICE-IMPLEMENTATION OF ACTION.  A
reduction in force notice expires when it is followed by the
reduction in force action specified in the notice.  (5 CFR
351.804(a))

20.  EXPIRATION OF RIF NOTICE-IMPLEMENTATION OF LESS SEVERE
ACTION.  A reduction in force notice expires when it is followed
by a reduction in force action that is less severe than specified
in the prior notice, or in an amendment to the notice, before the
agency takes the action.  (5 CFR 351.804)
21.  EMPLOYEE'S DUTY STATUS DURING RIF NOTICE PERIOD.  When in an
emergency the agency lacks work or funds for all or part of the
notice period, the agency may, with or without the employee's
consent, place the employee: 
(a)  On annual leave; (5 CFR 351.806)
(b)  In a leave without pay status; (5 CFR 351.806), or
(c)  In a nonpay status.  (5 CFR 351.806)
o  When possible, the agency must retain the employee on active
duty during the reduction in force notice period.  (5 CFR
351.806)

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 30.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE
SEPARATED BY REDUCTION IN FORCE
1.  ADDITIONAL NOTICE REQUIREMENTS.  The notice requirements in
this Section are in additional to the reduction in force notice
provisions covered in Section 3-A-29.  (5 CFR 351.803(b))
2.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED
BY RIF IN FORCE UNDER THE REVISED NOVEMBER 24, 1997, RETENTION
REGULATIONS (see 3-B-30-2-(c)-(7) for additional information). 
OPM published final retention regulations in the Federal Register
on November 24, 1997, at 62 FR 62495, with revised procedures
providing additional notice requirements when employees are
separated by reduction in force.
(a)  In a Note to revised 5 CFR 351.803(a), OPM states that
subject to the requirements of 5 U.S.C. 7116(a)(7), agencies may
implement revised 5 CFR 351.803(a) with these new notice
requirements at any time between December 24, 1997 and October 1,
1998.  
(1)  Section 5 U.S.C. 7116(a)(7) provides that "For purposes of
this chapter (i.e., Chapter 71 of Title 5, U.S.C., "Labor-Management Relations"), it shall be an unfair labor practice for
an agency--(7) to enforce any rule or regulation (other than a
rule or regulations implementing section 2302 of this title)
which is in conflict with any applicable collective bargaining
agreement if the agreement was in effect before the date the rule
or regulation was prescribed."
(2)  Paragraph 3-A-30-2-(c) below covers additional notice
requirements, based upon the regulations OPM published on
November 24, 1997, that are applicable when employees are
separated by reduction in force.
(b)  For reduction in force actions effective between December
24, 1997 and September 30, 1998, agencies may use either 5 CFR
351.803(a) effective December 24, 1997, or the prior 5 CFR
351.803(a) in 5 CFR part 351 (January 1, 1997 edition).

o  This option simply means that through September 30, 1998,
agencies may, but are not required, to provide employees with
information on:
-severance pay estimates (see 3-A-30-2-(c)-(6) below); (5 CFR
351.803(a)) 
-benefits available under the State dislocated worker units (see
3-A-30-2-(c)-(5) below); and
-a new option of authorizing the release of a displaced
employee's resume to potential employers (see 3-A-30-2-(c)-(7)
below). 
(c)  If the employee receives a notice of separation because of
reduction in force, along with the reduction in force notice of
separation (i.e., either in or with the reduction in force
notice, or as a separate supplemental notice to the released
employee), the agency must also give the employee information
concerning: (5 CFR 351.802(a)(5); 5 CFR 351.803(a))
(1)  Registration for the Reemployment Priority List; (5 CFR
351.802(a)(5); 5 CFR 351.803(a)) 
o  Restructuring Information Handbook Module 6 covers the
Reemployment Priority List.
(2)  The agency's Career Transition Assistance Plan (CTAP) for
Local Surplus and Displaced Employees; (5 CFR 351.803(a)) 
o  CTAP provides surplus employees with priority for certain
vacancies in their present agency, and is authorized by 5 CFR
Subpart 330-F.
(3)  The Interagency Career Transition Assistance Plan (ICTAP)
for Displaced Employees; (5 CFR 351.803(a)) 
o  ICTAP provides surplus employees with priority for certain
vacancies in other agencies, and is authorized by 5 CFR Subpart
330-G.
(4)  How to apply for unemployment insurance through the
appropriate State office; (5 CFR 351.803(a))

(5)  How to apply for benefits available under the State
dislocated worker unit(s), as designated or created under title
III of the Job Training Partnership Act; (5 CFR 351.803(a))
 
(6)  An estimate of severance pay, if eligible; (5 CFR
351.803(a)), and
(7)  A release to authorize, at the employees' option, the
release of the employee's resume and other relevant employment
information for employment referral to State dislocated worker
unit(s), and potential public or private sector employers.  (5 
CFR 351.803(a))  
o  A sample release authorization is available in 3-B-30-(c)-(7).
3.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED
BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-NOTICES TO
UNEMPLOYMENT  INSURANCE SERVICE.  The Department of Labor
requires that agencies advise it when separating 50 or more
employees in a commuting area by reduction in force.  
o  This information should be provided as far in advance as
possible to:
     Unemployment Insurance Service
     Employment and Training Administration-TEUMI
     United States Department of Labor
     200 Constitution Avenue, M1
     Washington, DC 20210
4.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED
BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-GENERAL. 
When an agency separates 5O or more employees from a competitive
area, the agency has additional notice requirements to OPM, and
to other Federal and nonfederal organizations: (5 CFR 351.804(b)
and (c))  
o  The agency must send this additional notice to the three
organizations listed in 3-A-30-6 through 3-A-30-8 at the same
time it issues the separation notices to the employees.  (5 CFR
351.803(c))

5.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED
BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-CONTENT OF
NOTICE.  The additional notice to the three organizations listed
in 3-A-30-6 through 3-A-30-8 must include: (5 CFR 351.803(c))
(a)  The number of employees that the agency will separate by
reduction in force and, if applicable, broken down by geographic
area or other basis specified by OPM; (5 CFR 351.803(c)(1))
(b)  The effective date of the separations; (5 CFR
351.803(c)(2)), and
                               
(c)  Any other information required by OPM, including information
needs identified from consultation between OPM and the Department
of Labor to facilitate delivery of placement and related
services.  (5 CFR 351.803(c)(3)) 
6.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED
BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-STATE
DISLOCATED WORKER UNIT.  The agency must provide a notice with
the information in 3-A-30-5 above to the appropriate State
dislocated worker unit, as designated or created under title III
of the Job Training Partnership Act; (5 CFR 351.803(b)(1))
7.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED
BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-LOCAL
GOVERNMENTAL OFFICIAL.  The agency must provide a notice with the
information in 3-A-30-5 above to the chief elected governmental
official of local government(s) within which these separations
will occur; (5 CFR 351.803(b)(2))
8.  ADDITIONAL NOTICE REQUIREMENTS WHEN EMPLOYEES ARE SEPARATED
BY RIF-50 OR MORE SEPARATIONS FROM A COMPETITIVE AREA-OPM.  The
agency must provide a notice with the information in 3-A-30-5
above to the OPM Service Center with jurisdiction over the
worksite.  (5 CFR 351.803(b)(3))

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 31.  REQUESTING AN EXCEPTION TO THE MINIMUM REDUCTION IN
FORCE NOTICE PERIOD
1.  OPM APPROVAL FOR RIF NOTICE LESS THAN 60 DAYS-GENERAL.  When
a reduction in force is caused by unforeseeable circumstances, an
agency may request OPM to authorize a notice period of less than
60 days, or the 120 days requirement applicable to a significant
reduction in force in the Department of Defense (DoD).  (5 CFR
351.801(b))
o  The agency is still required to provide at least 30 full days
notice before the effective date of the reduction in force
action.  (5 CFR 351.801(b))
2.  OPM APPROVAL FOR RIF NOTICE LESS THAN 60 DAYS-REQUEST FROM
HEADQUARTERS.  An agency's request for an exception to the
minimum 60-day specific notice period must be signed by the head
of the agency or a specific designee in the headquarters.  (5 CFR
351.801(b))
3.  OPM APPROVAL FOR RIF NOTICE LESS THAN 60 DAYS-CONTENT OF
AGENCY'S REQUEST.  Content of agency's request.  An agency's
request to OPM for a shorter reduction in force notice period
must cover:
(a)  Identification of the organization and geographic location
for which an exception is requested; (5 CFR 351.801(b)(1))
(b)  The effective date of the reduction in force; (5 CFR
351.801(b)(1))
(c)  The number of employees who will be issued reduction in
force notices; (5 CFR 351.801(b)(1))
(d)  The number of days that the agency requests the notice
period be shortened; (5 CFR 351.801(b)(2))
(e)  The reasons why a shorter reduction in force notice period
is needed; (5 CFR 351.801(b)(3)), and
(f)  The name, telephone number, and title of an agency contact
person in the event OPM requires additional information on the
request.  (5 CFR 351.801(b)(4))

4.  OPM APPROVAL FOR RIF NOTICE LESS THAN 60 DAYS-OPM ADDRESS FOR
SUBMITTING A REQUEST.  Agencies must submit a request for a
shorter reduction in force notice period to:
     Office of Personnel Management
     Associate Director
       Employment Service 
     1900 E Street, NW
     Washington, DC 20415
o  An agency may FAX a request to: 
     Office of Personnel Management
     Workforce Restructuring Office 
     Room 6500
     Washington, DC 20415
FAX- 202-606-2329; telephone- 202-606-0960.

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 32.  CERTIFICATION OF EXPECTED SEPARATION 
1.  PURPOSE OF CERTIFICATION OF EXPECTED SEPARATION.  The
"CERTIFICATION OF EXPECTED SEPARATION" (CES) allows otherwise
eligible employees to participate in dislocated worker programs
under the Job Training Partnership Act administered by the U.S.
Department of Labor.  (5 CFR 351.807(a))
2.  MAXIMUM TIME LIMIT FOR CERTIFICATION OF EXPECTED SEPARATION. 
An agency may issue a Certification of Expected Separation up to
6 months prior to the expected effective date of a reduction in
force.  (5 CFR 351.807(a))
3.  REQUIREMENTS FOR AGENCIES TO USE THE CERTIFICATION OF
EXPECTED SEPARATION.  At its option, an agency may issue a
Certification of Expected Separation to a competing employee only
when the agency determines: (5 CFR 351.807(b))
(a)  There is a good likelihood that the employee will be
separated by reduction in force; (5 CFR 351.807(b)(1))
(b)  Employment opportunities in the same or similar position in
the local commuting area are limited or nonexistent; (5 CFR
351.807(b)(2))
(c)  Placement opportunities within the employee's own or other
Federal agencies in the local commuting area are limited or
nonexistent; (5 CFR 351.807(b)(3)), and
(d)  If eligible for optional retirement, the employee has not
filed a retirement application or otherwise indicated in writing
an intent to retire.  (5 CFR 351.807(b)(4))
4.  CONTENT OF CERTIFICATION OF EXPECTED SEPARATION (see 3-B-32-4
for additional information).  A Certification of Expected
Separation must: (5 CFR 351.807(c))
(a)  Be addressed to each individual eligible employee;
(b)  Be signed by an appropriate agency official;
(c)  Contain the expected date of reduction in force;
(d)  Contain a statement that each factor covered in paragraph
3-A-29-3 has been met; and,

(e)  Contain a description of available Job Training Partnership
Act Programs, the agency's Reemployment Priority List, and OPM's
Interagency Placement Program,  
5.  A CERTIFICATION OF EXPECTED SEPARATION IS NOT A RIF NOTICE. 
An agency may not use a Certification of Expected Separation to
meet any of the reduction in force notice requirements covered in
Section 3-A-29.  (5 CFR 351.807(d).
6.  NO RIGHT TO APPEAL A CERTIFICATION OF EXPECTED SEPARATION. 
(5 CFR 351.807(e)).  An employee may not appeal an agency
determination of eligibility for a Certification of Expected
Separation to OPM, or to the Merit Systems Protection Board.  (5
CFR 351.807(e))
7.  EMPLOYEES' ELIGIBILITY FOR ADDITIONAL OUTPLACEMENT ASSISTANCE
AFTER RECEIVING A CERTIFICATION OF EXPECTED SEPARATION.  An
agency may enroll an employee who has received a Certification of
Expected Separation in OPM's Interagency Placement Program, and
in the agency's own reemployment priority list.  (5 CFR
351.807(f))
o  Module 6 covers the Reemployment Priority List.
o  Module 7 covers the Interagency Placement Program.

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 33.  REDUCTION IN FORCE APPEALS 
1.  BASIC EMPLOYEE RIGHT TO APPEAL A RIF ACTION.  An employee has
a basic right to file a reduction in force appeal to the Merit
Systems Protection Board (MSPB) under the provisions of the
Board's regulations if, under authority of OPM's 5 CFR Part 351
reduction regulations, the employee was:  
(a)  Separated; (5 CFR 351.901); (5 CFR 1201.3(a)(10))
(b)  Demoted; (5 CFR 351.901); (5 CFR 1201.3(a)(10)), or
(c)  Furloughed for more than 30 days.  (5 CFR 351.901); (5 CFR
1201.3(a)(10))
o  An employee who accepts an offer of assignment to another
position at the grade same representative rate may not appeal the
reduction in force action to the Board.  (5 CFR 351.901); (5 CFR
1201.3(a)(10))
o  As covered in Section 3-A-34, an employee in a bargaining unit
covered by a negotiated grievance procedure that does not exclude
reduction in force must use the negotiated grievance procedure,
and may not appeal the reduction in force action to the Board
unless, as provided in 5 U.S.C. 7121(d)), the employee alleges
discrimation.  (5 CFR 1201.3(c))
o  Paragraphs 3-A-34-3 through 3-A-34-5 cover this exception.
2.  TIME LIMITS FOR FILING AN APPEAL TO THE BOARD.  An employee
may file an appeal with the Board during the 30-day period
beginning with the day after the effective date of the action
being appealed.  (5 CFR 1201.22(b))
o  The Board will not accept  an appeal that is filed on or
before the effective date of the action.  (5 CFR 1201.3(a)(10))
3.  AGENCY NOTICE OF APPEAL RIGHTS TO EMPLOYEES.  When an agency
issues a decision notice to an employee on a matter appealable to
MSPB, the agency must provide the employee with the following
information:
(a)  Notice of the time limits for appealing to the Board; (5 CFR
1201.21(a))

(b)  Any applicable limits on the employee's right to file an
appeal because of a bargaining agreement; (5 CFR 1201.21(a))
(c)  If (b) is applicable, the right of the employee to elect
whether to file a reduction in force appeal to the Board based on
discrimination in lieu of a grievance; (5 CFR 1201.21(a))
                               
(d)  Notice of any applicable right of the employee to file a
grievance.  (5 CFR 1201.21(d))
(e)  The address of the appropriate Board office where the
employee should file the appeal; (5 CFR 1201.21(a))
(f)  A copy, or access to a copy, of the Board's regulations
found in 5 CFR 1201; (5 CFR 1201.21(b))
o  Agencies should consult the Board's current regulations (found
in 5 CFR 1201) prior to a reduction in force in order to have
necessary information on the appeals process ready for
distribution to affected employees.
(g)  A copy of the appeal form found in 5 CFR 1201-Appendix I of
the Board's regulations; (5 CFR 1201.21(c)), and
o  A copy of the appeal form is also available in Optional Form
283, MSPB.
4.  CORRECTIVE ACTION ON APPEAL-ACTION REVERSED OR MODIFIED.  In
adjudicating a reduction in force appeal, the Board determines
whether the agency has correctly applied OPM's regulations and,
if an error is found, may direct appropriate corrective action. 
(5 CFR 1201.111(a)(5))
 
5.  CORRECTIVE ACTION ON APPEAL-ACTION REVERSED OR MODIFIED WITH
INTERIM RELIEF.  If the appellant is the prevailing party in an
initial appeal to the Board, the initial decision provides
interim relief under 5 U.S.C. 7701(b)(2) to the appellant unless
the Board's administrative judge determines that the granting of
interim relief is not appropriate.  (5 CFR 1201.111(c))
o  Interim relief is effective upon the date of the initial
decision, and remains in effect until the date of the final order
of the Board on any petition for review.  (5 CFR 1201.111(c))

MODULE 3 (REDUCTION IN FORCE), UNIT A (REQUIRED PROCEDURES),
SECTION 34.  REDUCTION IN FORCE GRIEVANCES
1.  BASIC EMPLOYEE RIGHT TO GRIEVE A RIF ACTION.  An employee in
a bargaining unit covered by a negotiated grievance procedure
that does not exclude reduction in force must use the negotiated
grievance procedure and may not appeal the reduction in force
action to the Merit Systems Protection Board.  (5 CFR
1201.3(c)(1)) 
o  Paragraph 3-A-34-3 below covers an exception to the basic
right of filing a grievance on a reduction in force action.
2.  TIME LIMITS FOR FILING A GIREVANCE.  The time limits for
filing a grievance under a negotiated grievance procedure are
spelled out in the applicable collective bargaining agreement. 
(5 CFR 1201.3(c)(1))
3.  EXCEPTION TO THE BASIC EMPLOYEE RIGHT TO GRIEVE A RIF
ACTION-GENERAL.  Section 5 U.S.C. 7121(d) provides an exception
to paragraph 3-A-33-1 above and the basic right of an eligible
employee to only file a grievance on a reduction in force action. 
(5 CFR 1201.3(c)(2))
o  This exception gives an employee the option of filing a
reduction in force appeal to the Board, in lieu of filing a
grievance under a negotiated grievance procedure, when the
employee raises an allegation of discrimination under 5 U.S.C.
2302(b)(1).  (5 CFR 1201.3(c)(2))
4.  EXCEPTION TO THE BASIC EMPLOYEE RIGHT TO GRIEVE A RIF
ACTION-ELECTION OF PROCEDURE (see 3-B-34-4 for additional
information).  The agency must advise each employee having the
right to grieve a reduction in force matter under a negotiated
grievance procedure that the employee has the option of filing a
reduction in force appeal to the Board when a discrimination
issue is raised.  (5 CFR 1201.3(c)(2))

5.  EXCEPTION TO THE BASIC EMPLOYEE RIGHT TO GRIEVE A RIF
ACTION-TIME LIMITS FOR ELECTION (see 3-B-34-4 for additional
information).  An employee may not file a reduction in force
appeal before the effective date of the reduction in force
action, even when the employee's basic right is to file a
grievance under a negotiated grievance procedure.  (5 CFR
1201.3(a)(1))
o  The employee may then file an appeal with the Board during the
30-day period beginning with the day after the effective date of
the action being appealed.  (5 CFR 1201.22(b))
o  An employee who chooses to file a grievance follows the
provisions of the negotiated procedure.  (5 CFR 1201.3(c)(1))
6.  CORRECTIVE ACTION ON GRIEVANCE.  In adjudicating a reduction
in force grievance under a negotiated grievance procedure, an
arbitrator may determine whether than agency has correctly
applied OPM's regulations and, if an error is found, may direct
appropriate corrective action.
APPENDIX A
APPENDIX A.  MODULE 3 (RIF), UNIT A (REQUIRED PROCEDURES),
SECTION 15.  CREDIT FOR PERFORMANCE IN REDUCTION IN FORCE UNDER
OPM'S JANUARY 1, 1997, RETENTION REGULATIONS
A1.  OPM published final retention regulations in the Federal
Register on November 24, 1997, with revised procedures on the
crediting of employees' performance ratings in reduction in
force.  (62 FR 62495)
(a)  In a Note to revised 5 CFR 351.504, OPM states that subject
to the requirements of 5 U.S.C. 7116(a)(7), agencies may
implement revised 5 CFR 351.504 with these new performance
provisions at any time between December 24, 1997 and October 1,
1998.  
(1)  Section 5 U.S.C. 7116(a)(7) provides that "For purposes of
this chapter (i.e., Chapter 71 of Title 5, U.S.C., "Labor-Management Relations"), it shall be an unfair labor practice for
an agency--(7) to enforce any rule or regulation (other than a
rule or regulations implementing section 2302 of this title)
which is in conflict with any applicable collective bargaining
agreement if the agreement was in effect before the date the rule
or regulation was prescribed."
(2)  Section 3-A-15 found in Appendix B includes the prior
Section 15, Unit A, of Module 3 covering retention credit for
performance based upon the regulations in effect on January 1,
1997.
(b)  For reduction in force actions effective between December
24, 1997 and September 30, 1998, agencies may use either 5 CFR
351.504 effective December 24, 1997, or the prior 5 CFR 351.504
in 5 CFR part 351 (January 1, 1997 edition).
(1)  Section 3-A-15 (i.e., Section 3-A-15 found in the body of
the Handbook) covers retention credit for performance based upon
the regulations OPM published on November 24, 1997.
APPENDIX A
MODULE 3 (RIF), UNIT A (REQUIRED PROCEDURES), SECTION 15.  CREDIT
FOR PERFORMANCE IN REDUCTION IN FORCE UNDER OPM'S JANUARY 1,
1997, RETENTION REGULATIONS
1.  GENERAL.  "PERFORMANCE" is one of the four retention factors
required in 5 U.S.C. 3502(a).  (5 U.S.C. 3502(a)(4))
2.  TIME PERIOD COVERED BY EMPLOYEES' PERFORMANCE RATINGS.  Each
employee receives additional retention service credit based upon
the average of the employee's three most recent annual
performance ratings of record received during the 4-year period
prior to the date that the agency either:
(a)  Issues specific reduction in force notices; (5 CFR
351.504(b)(1)), or 
(b)  Freezes ratings before issuing specific reduction in force
notices (see 3-A-15-3 below).  (5 CFR 351.504(b)(2)  
3.  FREEZING RATINGS.  To provide time to properly determine
employee retention standing prior to a reduction in force,
agencies may establish a policy providing for a cutoff date a
specified number of days prior to the date it issues specific
reduction in force notices.  (5 CFR 351.504(a)(2); 5 CFR
351.504(d)(4)(111))    
(a)  After the cutoff date, no new annual performance ratings
will be put on record and used for RIF purposes.  (5 CFR
351.504(a)(2); 5 CFR 351.504(d)(4)(111))    
(b)  If adopted, this policy must be:
(1)  Applied on a uniform and consistent basis in the competitive
area where the RIF will occur; (5 CFR 351.504(a)(2); 5 CFR
351.504(d)(4)(111)), and 
(2) Documented in the agency's performance management plan or
other appropriate issuance.  (5 CFR 351.504(a)(2); 5 CFR
351.504(d)(4)(111))     
APPENDIX A
4.  MISSING RATINGS.  If an employee has not received three
annual performance ratings of record during the 4-year period,
credit is given for an assumed ratings of Fully Successful (Level
3) to bring the employee's annual ratings up to three.  (5 CFR
351.504(c).  
o  Additional RIF service credit is based on an assumed rating of
"Fully Successful" for each missing rating.
o  There is no authority for an agency to issue a retroactive
annual performance rating of record for RIF purposes if the
employee lacks three actual annual performance ratings of record
during the 4-year period.  
5.  DETERMINING RETENTION CREDIT FOR PERFORMANCE.  Additional
service credit is based on annual performance ratings of record
received under a performance appraisal system required by 5
C.F.R. Part 430, or under a different appraisal system if Part
430 is not applicable.  (5 CFR 351.504(a))  
o  5 CFR Part 430 authorizes annual performance ratings,
including equivalent ratings when applicable, of "Outstanding"
(Level 5), "Exceeds Fully Successful" (Level 4), "Fully
Successful' (Level 3), "Minimally Successful" (Level 2), and
"Unacceptable"  "Level 1).  (5 CFR 351.504(a))
6.  OTHER THAN FIVE RATING LEVELS.  To determine additional
service credit when any of an employee's three previous annual
performance ratings of record used other than five summary levels
as required by  5 C.F.R. Part 430, the agency determines
equivalent rating levels between the systems and credits the
employee accordingly.  
7.  AMOUNT OF CREDIT.  An employee is given additional service
credit based on the mathematical average (rounded in the case of
a fraction to the next higher whole number) for the value of the
employee's last three (actual and/or assumed) annual performance
ratings of record received during 4-year period prior to the date
the agency issues specific RIF notices.  (5 CFR 351.504(d))  
APPENDIX A
(a)  In determining this average, the following value is assigned
to each annual performance rating of record:
(1)  20 additional years of service for each performance rating
of "Outstanding" (Level 5).  (5 CFR 351.504(d)(1)
(2)  16 additional years of service for each performance rating
of "Exceeds Fully Successful" (Level 4).  (5 CFR 351.504(d)(2))
(3)  12 additional years of service for each performance rating
of "Fully Successful" (Level 3).  (5 CFR 351.504(d)(3))
(b)  No additional service credit for retention is given for
performance ratings below "Fully Successful."  
8.  RATINGS USED FOR RIF PURPOSES.  Annual performance ratings of
record that are used for RIF purposes are written ratings of
record covering official appraisal periods which:
(a)  Are established by agencies under a performance appraisal
system approved by OPM in accordance with 5 U.S.C., chapter 43; 
(5 CFR 351.504(1)): or, 
(b)  For an agency not subject to chapter 43, an official
performance rating as provided for in the agency's appraisal
system.  (5 CFR 351.504(1))
                               
(c)  To avoid confusion and insure proper application in
reduction in force, each agency must specify in its performance
management plan, or other appropriate issuance:
(1)  Which ratings of record will be used for RIF purposes;  (5
CFR 351.504(b)(4)(i))
(2)  The conditions under which a rating is considered to have
been received for purposes of determining whether it is within
the 4-year period prior to either the date the agency issues, as
appropriate, reduction in force notices, or the agency-
established cutoff date for ratings; (5 CFR 351.504(4)(ii), and
APPENDIX A
(3)  If the agency elects to use a cutoff date and freeze
performance ratings, the number of days prior to the issuance of
reduction in force notices after which no new notices will be put
on record and used for determining employees' retention standing. 
(5 CFR 351.504(4)(iii)
9.  AVAILABILITY OF RATINGS.  To be creditable for reduction in
force purposes, ratings must have been issued to the employee,
with all appropriate reviews and signatures, and must also be on
record.  (5 CFR 351.504(b)(3))
(a)  This means that the rating was:
(1)  Issued to the employee; (5 CFR 351.504(b)(3))
(2)  Returned with all appropriate reviews and signatures; (5 CFR
351.504(b)(3)), and
(3)  On record and available for use by the office responsible
for preparing retention registers (e.g., the rating is final and
has been entered into the agency's personnel records system).  (5
CFR 351.504(b)(3))
(b)  Agencies must ensure that ratings are issued in accordance
with established schedules and forwarded to the appropriate
office on a timely basis.  (5 CFR 351.504(b)(3))
(c)  Since rating procedures may vary under individual agency
performance management systems, each agency must set its own
internal policy for processing ratings and putting them on record
for reduction in force purposes, and this policy must be:
(1)  Included in the agency performance management plan or other
appropriate issuance; (5 CFR 351.504(b)(4)); and, 
(2)  Applied on a uniform and consistent basis in the competitive
area where the reduction in force will take place.  (5 CFR
351.504(b)(4); 5 CFR 351.201(c))
10.  MORE THAN THREE RATINGS.  If an employee had more than three
annual performance ratings of record during the 4-year period,
the three most recent annual performance ratings of record are
used.  (5 CFR 351.504(b)(1))  
APPENDIX A
                               
11.  RATINGS IN OTHER AGENCIES.  Regardless of whether the
employee's service occurred in the present or a former agency,
the employee's actual ratings are used to the extent they are
available.  (5 CFR 351.504(b)(1))  
o  If ratings in a prior agency are not available in the
employee's official records, the current employing agency can
accept the employee's copies of annual performance ratings of
record for this purpose.
12.  NARRATIVE RATINGS.  If a previous appraisal was narrative
only, an agency either may assign a summary rating if feasible or
may use an assumed rating of Fully Succesful (Level 3) for the
period covered by the narrative evaluation. 
13.  CURRENT ANNUAL PERFORMANCE RATING OF RECORD.  A current
annual performance rating of record is generally the employee's
last actual annual performance rating of record (5 CFR
351.504(e), except that:
(a)  An employee who has received an improved rating following an
opportunity to demonstrate acceptable performance under authority
of 5 CFR 432 has the improved rating credited as the employee's
current annual performance rating of record; (5 CFR
351.504(e)(1)), and
(b)  An employee who is demoted or reassigned under authority of
5 CFR 432 due to unacceptable performance has a current presumed
rating of "Fully Successful," provided that the employee has not
received a performance rating in the new position.  (5 CFR
351.504(e)(2))
o  An employee's current annual performance rating of record must
be identified not only for crediting additional service, but also
for determining assignment rights (see 3-A-18-2-(c) and 3-A-19-2
for additional information on the use of performance ratings in
determining employees' assignment rights).
APPENDIX A
14.  UNACCEPTABLE PERFORMANCE-PROPOSED DECISION TO REMOVE OR
DEMOTE.  An employee with a current annual performance rating of
record of "Unacceptable" who has not received a final written
decision of removal or demotion under 5 CFR Part 432 due to
unacceptable (or equivalent) performance (e.g., an employee on an
opportunity period) is not penalized, and is listed on the
retention register with other employees.  (5 CFR 351.504(e)(1))
o  The employee is assigned to the appropriate group and subgroup
          and receives credit for all applicable service.  
o  The employee also receives any service credit to which
entitled for the other two previous annual performance ratings of
record.  
15.  UNACCEPTABLE PERFORMANCE-FINAL DECISION TO REMOVE OR DEMOTE. 
An employee with a current annual performance rating of record of
"Unacceptable" who has received a final written decision of
removal under 5 CFR Part 432 due to "Unacceptable" (or
equivalent) performance is listed differently from an employee
who has received a final written decision of demotion due to
unacceptable (or equivalent) performance:
(a)  An employee who as of the effective date of the reduction in
force has received a final written decision of removal under 5
CFR 432 is listed apart from the retention register.  (5 CFR
351.404(b)(2)  
(b)  An employee who has received a final written decision of
demotion under 5 CFR 432 is listed on the retention register for
the position to which the employee will be demoted.  (5 CFR
351.405) 
16.  UNACCEPTABLE PERFORMANCE-ELIMINATION OF "UNACCEPTABLE"
RATING.  If because of performance improvement during the notice
period of a proposed action under authority of 5 CFR Part 432 an
employee is not demoted or separated, and performance continues
to be acceptable for 1 year after the notice, any record of the
unacceptable performance is removed from agency records.  (5 CFR
293.404(a)(3))
o  In this situation, no record of the "Unacceptable" rating
would exist.  
APPENDIX A
o  There is no authority for an agency to remove an employee's
"Unacceptable" rating except under authority of 5 CFR
293.404(a)(3) covered above, or under other appropriate authority
(e.g., an award resulting from a grievance, equal employment
opportunity complaint, etc.).