[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR831.114]

[Page 85-86]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 831--RETIREMENT--Table of Contents
 
            Subpart A--Administration and General Provisions
 
Sec. 831.114  Early retirement--major reorganization, major reduction in force, or major transfer of function.

    (a) Upon an agency's request, as described in paragraph (c) of this 
section, OPM may make a determination as provided in 5 U.S.C. 
8336(d)(2), that:
    (1) The agency is undergoing a major reduction in force, major 
reorganization, or major transfer of function; and
    (2) A significant percentage of the employees serving in the 
employing agency will be involuntarily separated, or subject to a 
reduction in basic pay.
    (b)(1) Based on a determination by OPM under paragraph (a) of this 
section, OPM will provide to the agency the authority to offer voluntary 
early retirements to its employees.
    (2) Under an OPM approved authority, the agency may offer voluntary 
early retirements to its employees based on:
    (i) Organizational unit(s);
    (ii) Occupational series or level(s);
    (iii) Geographic area(s);
    (iv) Specific window period(s);
    (v) Any similar nonpersonal and objective factors; or
    (vi) Any combination of factors under this paragraph (b)(2) that the 
agency determines to be appropriate and necessary to accomplish the 
reductions which formed the basis for OPM's determination under 
paragraph (a) of this section.
    (3) An employee who separates from the service voluntarily under 
authority of 5 U.S.C. 8336(d)(2) after completing 25 years of service, 
or becoming age 50 and completing 20 years of service, is entitled to an 
annuity if, on the date of separation, the employee:
    (i) Is serving in a position covered by an offer by the agency as 
described in paragraph (b)(2) of this section;
    (ii) Has been employed in the requesting agency at least 31 days 
prior to the date the agency requested an OPM determination under 
paragraph (a) of this section;
    (iii) Is not serving under a time-limited appointment; and
    (iv) Is not in receipt of a decision of involuntary separation for 
misconduct or unacceptable performance.
    (4) OPM may approve an agency's request for voluntary early 
retirement authority to cover the entire period of the major reduction 
in force, major reorganization, or major transfer of function; or 
through the end of each fiscal year, whichever is less.
    (c)(1) An agency's request for voluntary early retirement must be 
signed by the head of the agency or by a specific designee with 
delegated authority.
    (2) The agency's request for voluntary early retirement must contain 
the following:
    (i) Identification of the agency or organizational unit(s) for which 
a determination is requested;
    (ii) Reasons why the voluntary early retirement authority is needed. 
This explanation must include a detailed summary of the agency's 
personnel and budgetary situation that will result in an excess of 
personnel because of a major reduction in force, major reorganization, 
or major transfer of function as well as the date on which the agency 
expects to involuntarily separate employees as a result of the major 
reduction in force, major reorganization, or major transfer of function;
    (iii) The time period during which voluntary early retirement will 
be offered. At the agency's discretion, the agency may request voluntary 
early retirement authority to cover the entire period of the major 
reduction in force, major reorganization, or major transfer of function; 
or through the end of the fiscal year, whichever is less.
    (iv) The total number of nontemporary employees in the agency;
    (v) The total number of nontemporary employees in the agency who 
will be involuntarily separated or downgraded because of reduction in 
force or relocation during a major reduction in force, major 
reorganization, or major transfer of function;
    (vi) The total number of employees in the agency who are eligible 
for voluntary early retirement; and

[[Page 86]]

    (vii) An estimate of the total number of employees in the agency who 
are expected to retire early during the period covered by the request 
for voluntary early retirement authority.
    (d)(1) The agency may not expand the availability of voluntary early 
retirements or offer early retirements to employees who are not within 
the authority approved by OPM.
    (2) Except as provided in paragraph (d)(3) of this section, the 
agency may limit voluntary early retirement offers during window periods 
under paragraph (b)(2)(iv) of this section only by:
    (i) An established opening and closing date which is announced to 
employees at the time of the initial offer; or
    (ii) Receipt of a specified number of applications for retirement, 
provided that, at the time of the initial offer, the agency notified 
employees that the agency retained the right to limit voluntary early 
retirements on that basis.
    (3) The agency may subsequently establish a revised closing date, or 
a revised number of applications, only when changes in the conditions 
that served as the basis for the approval of the voluntary early 
retirement authority have occurred. The revised closing date, or number 
of applications, may be applicable to the entire authority, or only to 
employees in specific organizational unit(s), occupational series or 
level(s), or geographic area(s).
    (e) After approval of an authority, the agency is required to 
immediately notify OPM of any subsequent changes in the conditions that 
served as the basis for the approval of the voluntary early retirement 
authority.
    (f) Agencies are required to provide OPM with interim and final 
reports on each voluntary early retirement authorization, as covered in 
OPM's approval letter to the agency. OPM may suspend an agency's early 
retirement authority if the agency is not in compliance with the 
reporting requirements or reporting schedule provided to the agency in 
the approval letter from OPM.
    (g) Agencies are responsible for ensuring that employees are not 
coerced into voluntary early retirement. If an agency finds any 
instances of coercion, it must take appropriate corrective action.
    (h) OPM may terminate an agency's authority at any time that OPM 
determines the agency is no longer undergoing the major reorganization, 
major reduction in force, or major transfer of function that formed the 
basis for OPM's approval of the authority. OPM may take steps to amend, 
limit, or terminate an authority in order to ensure that early 
retirement programs are operated in a manner which is consistent with 
applicable laws or regulatory requirements.

[63 FR 32596, June 15, 1998, as amended at 64 FR 53582, Oct. 4, 1999; 64 
FR 72257, Dec. 27, 1999]