Department of the Interior
Departmental Manual
Effective Date: 2/18/99
Series: Personnel Management
Part 370: Departmental Personnel Program
Chapter 351: Reduction in Force
Originating Office: Office of Personnel Policy
370 DM 351
.1 Purpose and Authority. This chapter sets forth the Department's policy necessary to implement 5 U.S.C. Chapter 35 and 5 CFR 351, Reduction in Force, in the Department of the Interior. (NOTE: RIF in the senior executive service is addressed in 5 CFR 359 and 370 DM 920)
.2 General Provisions. 5 CFR 351 and the policies in this chapter contain all requirements in regard to reduction in force (RIF). However, the "Restructuring Information Handbook," published as a working draft by OPM's Work Force Restructuring Group, contains useful compilations of guidance and citations drawn from statute, regulation and case law.
.3 (reserved)
.4 Scope of Competition. Bureaus are authorized to define their own competitive areas. Competitive areas must be defined in accordance with 5 CFR 351.402 and made known to covered employees at least 90 days prior to the effective date of a RIF. However, if because of emergency circumstances a bureau cannot meet the 90 day requirement the bureau may, through the Office of Personnel Policy, request OPM to approve a shorter time frame (5 CFR 351.402(c)). The approval of such a request is subject to the discretion of OPM.
.5 Retention Standing.
A. Credit for Performance.
(1) An annual performance rating of record of RESULTS ACHIEVED, issued in accordance with the Department's Performance Appraisal System (370 DM 430), provides 20 additional years of service credit for retention standing purposes. A RESULTS NOT ACHIEVED annual performance rating of record provides no service credit.
(2) When a "multiple rating pattern" situation occurs in a competitive area (5 CFR 351.504(e)), an annual performance rating of record of level 3 (fully successful or equivalent) or above, issued on or after October 1, 1997, provides 20 additional years of service credit. Ratings of record issued prior to October 1, 1997, are credited in accordance with 5 CFR 351.504(d).
(3) Credit is based on the employee's annual performance rating of record on the date of issuance of specific notice of reduction in force or earlier cut-off date, if applicable.
B. Retention Standing in the Bureau of Indian Affairs. P.L. 96-135, dated December 5, 1979, provides for the application of Indian preference in RIF. Within subgroups (e.g., IAD, IA, IB, etc.), employees entitled to Indian preference have higher retention standing, regardless of their adjusted length of service, than do employees not entitled to Indian preference.
.6 (reserved)
.7 Assignment Rights.
A. Bureaus must inform the Office of Personnel Policy when determining that a 30 percent or more compensable service connected disability veteran is unable to fulfill the physical requirements of a position to which the veteran would have had a right of assignment under RIF (5 CFR 351.702).
B. An employee with a current performance rating of RESULTS NOT ACHIEVED has no assignment rights to another competitive level.
.8 Notice to Employee.
A. Bureaus must forward requests to OPM, through the Office of Personnel Policy, to reduce the 60 day notice to employees (5 CFR 351.801).
B. Bureaus must coordinate with the Office of Personnel Policy when notification of outside entities is required because a bureau is conducting a RIF affecting more than 50 employees (5 CFR 351.803).
C. In order to ensure timely application of displaced employee program procedures, as set forth in 5 CFR 330 and the Department's Career Transition Assistance Plan (CTAP), bureaus must inform other co-located bureaus and the Office of Personnel Policy of anticipated RIF impacts on employees (e.g., separations, changes to lower grade, etc.) two weeks before certificates of expected separation or specific RIF notices are issued.
.9 (reserved)
2/18/99 #3229
Replaces 5/6/83 FPM-311