U.S. Office of Personnel Management

Variations to Staffing Regulations

[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 1997]
From the U.S. Government Printing Office via GPO Access

[CITE: 5CFR330.604]

[Page 200-201]

TITLE 5--ADMINISTRATIVE PERSONNEL

CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT

PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)--
Table of Contents

Subpart F--Agency Career Transition Assistance Plans (CTAP) for Local
Surplus and Displaced Employees

Sec. 330.604 Definitions.

For purposes of this subpart:

(a) Agency means an Executive Department, a Government corporation, and an independent establishment as cited in 5 U.S.C. 105.

(b) Displaced employee means a current agency employee serving under an appointment in the competitive service, in tenure group I or II, who has received a specific reduction in force (RIF) separation notice.

(c) Eligible employee means a surplus or displaced employee who meets the conditions set forth in Sec. 330.605(a).

(d) 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.

(e) Special selection priority means the priority that eligible employees have for selection to vacancies over any other candidate.[[Page 201]]

(f) Surplus employee means a current agency employee serving under an appointment in the competitive service, in tenure group I or II, who has received a Certification of Expected Separation or other certification issued by the agency which identifies the employee as being in a surplus organization or occupation.

(g) Vacancy means a competitive service position lasting 90 days or more, including extensions, which the agency is filling, regardless of whether the agency issues a specific vacancy announcement.

(h) Well-qualified employee means an eligible employee who satisfies the criteria in either paragraphs (h)(1) or (h)(2) of this section as determined and consistently applied by the agency:

(1) (i) Meets the qualification standard and eligibility requirements for the position, including any medical qualifications, and minimum educational and experience requirements;

(ii) Meets all selective factors where applicable. Meets appropriate quality rating factor levels as determined by the agency. Selective and quality ranking factors cannot be so restrictive that they run counter to the goal of placing displaced employees. In the absence of selective and quality ranking factors, selecting officials will document the job-related reason(s) the eligible employee is or is not considered to be well qualified;

(iii) Is physically qualified, with reasonable accommodation where appropriate, to perform the essential duties of the position;

(iv) Meets any special qualifying condition(s) that OPM has approved for the position; and

(v) Is able to satisfactorily perform the duties of the position upon entry; or

(2) Is rated by the agency to be above minimally qualified candidates in accordance with the agency's specific selection process.

Page created October 16, 1997