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3610

RULES AND REGULATIONS

person is a preference eligible. These of involuntary termination of active duty 4 Any employee in subgroup A - l or wherever possible, at least thirty days restrictions shall not apply if all quali A-2, with competitive status in a posi fied persons on the reinstatement reserve in advance of any reduction in rank or tion in the competitive service, who had list decline, or fail to respond to, offers of compensation, or at least thirty days in previously been promoted, to a continu reinstatement to the position. In selec advance of a reassignment to a different ing position which is the same as the commuting area. The notice shall be tions for reinstatement from reinstate position from which he had previously given at least thirty days in advance of ment reserve lists, qualified preference been promoted, for which he is still involuntary separation from the rolls in eligibles shall have preference. Excep qualified, if such position is held by an all cases. Subject to the foregoing, the tions to these provisions may be made employee im the same subgroup with notice period may include active duty, for reasons which promote the efficiency fewer retention credits, and if such re leave with pay, and non-pay furlough.
of the service, providing that each person assignment does not require a promo c General and special notices.
who is not selected as a result of such tion. In the field service this require When there is insufficient time to plan all exception shall be given a written state ment is applicable only within installa reassignments and other adjustments ment of the reasons which promote the tions.
thirty days in advance of the time action efficiency of the service, with an oppor 5 Any employee in subgroup B -l, in will be necessary, general notices may be tunity to answer and to have a written a position in the competitive service, to a decision on the answer, and to appeal given at least thirty days in advance of continuing position for which he is quali proposed actions, stating that action will such decision to the Civil Service Com fied, if there is such a position held by an mission.
probably be necessary, outlining the employee in a lower subgroup.
reasons for the probable actions, and in e Appeals. Any former employee . c Reassignments to continuing posi forming the employees that they will re entitled to reinstatement priority under tions in other commuting areas. Where the foregoing provisions may appeal to ceive specific notices in advance of the reassignments cannot be made within effective dates of the actions. In such the Civil Service Commission by pre the local commuting area, reassignments cases the notice periods shall be deter senting factual-information that he was in other commuting areas acceptable to mined on the basis of the dates the gen denied reinstatement by the new ap the employee are required in lieu of sepa eral notices were received by the em pointment, transfer from a different ration or furlough, within sixty days ployees, and the contents shall be deter agency, or reinstatement of a person in after termination of pay status including mined on the basis of statements in both violation of these provisions, or that the the displacement of other employees general and special notices.
reasons fo f an adverse exception were where necessary, unless a reasonable offer d Contents of notice. Notices to not such as would promote the efficiency of reassignment is refused, as follows:
shall set forth the nature and of the service.
1 fc Any employee in subgroup A -employees l effective date of the proposed actions, the Plus, to a continuing position of like 20.12 Special regulations on liquida seniority, status and pay. Sec. 8, 54 place where they may inspect copies of tion a Effecting separations. When the regulations in this part and the re Stat. 890; sec. 9, 62 Stat. 614; 50 U. S. C.
ever it has been determined that all tention registers which have a bearing on App. 308, 459
functions and all positions in the entire the action in their cases, specific reasons 2 Any employee in subgroup A - l or agency or an entire competitive area are for any exceptions, appeal rights within A-2, with competitive status in a posi to be abolished within a specified period the agency and to the Civil Service Com tion in the competitive service, who has of time, actions may be taken with re mission, and all available information to at least five years of creditable service, gard to individual employees at different aid employees in securing other employ to a continuing position in the compe dates at administrative discretion. How ment.
titive service, for which he is qualified, ever, a preference eligible shall not be if there is such a continuing position held 20.11 Reinstatement priority a relieved from active duty before any com by an employee who is not in group A.
peting employee in a lower retention Reinstatement reserve list. Employing d Reasonable offer of reassignment.
agencies have a continuing obligation to subgroup is relieved from active duty, An offer of reassignment must be to a where their positions are immediately place satisfactory career employees sepa specific position which is expected to rated solely as a result of reductions in interchangeable.
continue at least three months. Any force, and in compliance with, this obli b Notices. Employees reached for offer of reassignment is reasonable if ac gation, each agency shall establish and separation under this section shall be cepted by the employee as reasonable, given individual notices in writing con maintain a reinstatement reserve list for with knowledge of the facts. An offer of forming generally to the notice require each competitive area where career em reassignment which is not acceptable to ployees in subgroups A - l and A-2 are ments under 20.10. These notices, in the employee will not be considered as separated in reductions in force. Each addition, shall contain a statement of the reasonable if it involves a change in local law, Executive order, or other authority employee in subgroup A - l or A-2 with commuting area if a reassignment under competitive status who has been sepa which requires the liquidation, and the the foregoing provisions could be made time period in which the liquidation is rated from a position in the competitive within the local commuting area, or if it service on th ebasis of a notice as pro to be accomplished, and shall inform the involves a reduction in rank or compen vided in 20.10 shall have his name en employees of their rights to appeal to the sation if a reassignment could be made Commission if they feel that there has tered on the reinstatement reserve list without reduction in rank or compensa for all positions in the competitive area not been compliance with the provisions tion.
for which he is qualified and available of the regulations in this part.
e Exceptions. Exceptions to the and continued on such list for a period c Competitive area. Where it is reassignment provisions may be made necessary to liquidate a major activity of one year from the date of such notice, only for reasons which will promote the except that his name may be deleted from which is not an entire competitive area, efficiency of the service. In the case of such list upon his signed written request, or which is a part of two or more com any such exception, the employee shall1 upon his acceptance of a non-temporary petitive areas, the Commission will con be given a written statement of the rea sider a request to establish such activity position in any Federal agency, or if he sons, showing specifically and in detail as a competitive area for the purpose of declines reinstatement to a position in how they promote the efficiency of th e the competitive service equivalent in such liquidation.
service, with opportunity to answer grade and salary to the position from d Restriction. A mere limitation of within the agency, to have a written de which Separated.
authority to a specified date in the law cision on his answer, and to appeal to b Restriction in filling positions. No which establishes, authorizes, or extends the Civil Service Commission.
position in the competitive service, for an agency is not a basis for the applica 20.10 Notice to employees a which there is a qualified person avail tion of the special provision on liquida Proposed action. Each employee a f able on the reinstatement reserve list, tion.
may be filled by transfer from a different fected by a reduction in force shall be 20.13 Appeals, a Any employee given a notice in writing, stating specifi agency, or by the new appointment of notified of proposed action by reduction cally the action proposed to be taken in any person except a qualified ten-point in force who believes that the regulations his case, in advance of the effective date preference eligible. Furthermore, no in this part have not been correctly ap of the action.
such position may be filled by the rein plied may appeal to the appropriate b N o tic e period. The notice shall statement of a person who is not on the be given at least thirty days In advance reinstatement reserve list, unless such office of the Civil Service Commission,