[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Proposed Rules]
[Page 26531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12623]


      
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Proposed Rules
                                                Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 63, No. 92 / Wednesday, May 13, 1998 / 
Proposed Rules

[[Page 26531]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR PART 351

RIN 3206-AH95


Reduction in Force Offers of Vacant Positions

AGENCY: Office of Personnel Management.

ACTION: Proposed rulemaking.

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SUMMARY: The Office of Personnel Management is proposing retention 
regulations that clarify existing policy on reduction in force offers 
of vacant positions.

DATES: Written comments will be considered if received no later than 
July 13, 1998.

ADDRESSES: Send or deliver written comments to Mary Lou Lindholm, 
Associate Director for Employment Service, Office of Personnel 
Management, Room 6F08, 1900 E Street, NW; Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Thomas A. Glennon, or Jacqueline R. 
Yeatman, 202-606-0960, FAX 202-606-2329.

SUPPLEMENTARY INFORMATION:

Assignment Rights-General

    Reduction in force assignment rights are covered in part 351, 
subpart G, of title 5, Code of Federal Regulations. Section 351.701(a) 
provides that a competing employee in retention tenure Groups I and II 
with current performance ratings of at least ``Minimally Successful'' 
who has been released from a competitive level is entitled to an offer 
of assignment under the retention regulations if the employee has 
``Bumping'' or ``Retreating'' rights to an available position in the 
same competitive area.
    Section 351.701(a) provides that the assignment right is limited to 
positions lasting at least 3 months with the same work schedule, and in 
the same competitive area, as the position of the released employee. 
The assignment right is to another position which requires no 
reduction, or the least possible, reduction, in representative rate.
    Section 351.701(b)(2) covering bumping rights, and 
Sec. 351.701(c)(2) covering retreat rights, provide that the available 
position must be within three grades or grade-intervals (or equivalent) 
of the employee's present position. However, under Sec. 351.702(c)(2), 
an employee who is eligible for veterans' preference under the 
retention regulations, and who has a service-connected disability of 30 
percent or more, has a retreat right to positions up to five grades or 
grade-intervals (or equivalent) of the employee's present position.
    Assignment Rights-Offer of Vacant Positions
    Section 351.201(b) provides that an agency is not required to offer 
a vacant position during a reduction in force. However, if the agency 
chooses to fill a vacancy with an employee who has been released under 
authority of 5 CFR part 351 from a competitive level, then the agency 
must make the offer consistent with the provisions found in subpart G 
of that part.
    Section 351.704(a)(1) provides that an agency may satisfy an 
employee's right to assignment under section 351.701 by offering the 
employee assignment to a vacant position under Sec. 351.201(b) if the 
offered position has a representative rate equal to the employee's 
entitlement under Sec. 351.701. (As another option, Sec. 351.704(a)(1) 
also provides that an agency may satisfy an employee's right to 
assignment under the administrative assignment provisions of 
Sec. 351.705.)
    Section 351.704(a)(1) is now revised to clarify longstanding OPM 
policy that an agency may also offer an employee assignment to a vacant 
position in lieu of separation by reduction in force under 5 CFR part 
351.
    Section 351.704(a)(1) is also revised to clarify longstanding OPM 
policy that an offer of assignment to a vacant position must be 
consistent with Sec. 351.201(b) and Sec. 351.701, including the grade 
limits applicable to bump and retreat set forth in Sec. 351.701(b)(2) 
and Sec. 351.701(c)(2). This revision modifies the decision of the 
Merit Systems Protection Board in Monk v. Department of the Navy, 68 
M.S.P.R. 560 (1995), in which the Board held that the usual grade 
limits applicable to bump and retreat rights do not apply to reduction 
in force offers of vacant positions. Agencies may still make offers of 
vacant positions below the applicable grade limits under other 
authority (e.g., as an offer of voluntary change to lower grade in lieu 
of reduction in force).

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it affects 
only certain Federal employees.

List of Subjects in 5 CFR Part 351

    Administrative practice and procedure, Government employees.

U.S. Office of Personnel Management
Janice R. Lachance,
Director.

    Accordingly, OPM proposes to amend part 351 of title 5, Code of 
Federal Regulations, as follows:

PART 351--REDUCTION IN FORCE

    1. The authority citation for part 351 continues to read as 
follows:

    Authority: 5 U.S.C. 1302, 3502, 3503, Section 351.801 also 
issued under E.O. 12828, 58 FR 2965.

    2. In Sec. 351.704, paragraph (a)(1) is revised to read as follows:


Sec. 351.704  Rights and prohibitions.

    (a)(1) An agency may satisfy an employee's right to assignment 
under Sec. 351.701 by assignment to a vacant position under 
Sec. 351.201(b), or by assignment under any applicable administrative 
assignment provisions of Sec. 351.705, to a position having a 
representative rate equal to that the employee would be entitled under 
Sec. 351.701. An agency may also offer an employee assignment under 
Sec. 351.201(b) to a vacant position in lieu of separation by reduction 
in force under 5 CFR part 351. Any offer of assignment under 
Sec. 351.201(b) to a vacant position must meet the requirements set 
forth under Sec. 351.701.
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[FR Doc. 98-12623 Filed 5-12-98; 8:45 am]
BILLING CODE 6325-01-P