[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR351.303]

[Page 246-247]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 351--REDUCTION IN FORCE--Table of Contents
 
                     Subpart C--Transfer of Function
 
Sec. 351.303  Identification of positions with a transferring function.

    (a) The competitive area losing the function is responsible for 
identifying the positions of competing employees with the transferring 
function. A competing employee is identified with the transferring 
function on the basis of the employee's official position. Two methods 
are provided to identify employees with the transferring function:
    (1) Identification Method One; and
    (2) Identification Method Two.
    (b) Identification Method One must be used to identify each position 
to which it is applicable. Identification Method Two is used only to 
identify positions to which Identification Method One is not applicable.
    (c) Under Identification Method One, a competing employee is 
identified with a transferring function if--
    (1) The employee performs the function during at least half of his 
or her work time; or
    (2) Regardless of the amount of time the employee performs the 
function during his or her work time, the function performed by the 
employee includes the duties controlling his or her grade or rate of 
pay.
    (3) In determining what percentage of time an employee performs a 
function in the employee's official position, the agency may supplement 
the employee's

[[Page 247]]

official position description by the use of appropriate records (e.g., 
work reports, organizational time logs, work schedules, etc.).
    (d) Identification Method Two is applicable to employees who perform 
the function during less than half of their work time and are not 
otherwise covered by Identification Method One. Under Identification 
Method Two, the losing competitive area must identify the number of 
positions it needed to perform the transferring function. To determine 
which employees are identified for transfer, the losing competitive area 
must establish a retention register in accordance with this part that 
includes the name of each competing employee who performed the function. 
Competing employees listed on the retention register are identified for 
transfer in the inverse order of their retention standing. If for any 
retention register this procedure would result in the separation or 
demotion by reduction in force at the losing competitive area of any 
employee with higher retention standing, the losing competitive area 
must identify competing employees on that register for transfer in the 
order of their retention standing.
    (e)(1) The competitive area losing the function may permit other 
employees to volunteer for transfer with the function in place of 
employees identified under Identification Method One or Identification 
Method Two. However, the competitive area may permit these other 
employees to volunteer for transfer only if no competing employee who is 
identified for transfer under Identification Method One or 
Identification Method Two is separated or demoted solely because a 
volunteer transferred in place of him or her to the competitive area 
that is gaining the function.
    (2) If the total number of employees who volunteer for transfer 
exceeds the total number of employees required to perform the function 
in the competitive area that is gaining the function, the losing 
competitive area may give preference to the volunteers with the highest 
retention standing, or make selections based on other appropriate 
criteria.

[52 FR 10024, Mar. 30, 1987, as amended at 60 FR 3062, Jan. 13, 1995]