CFR Subpart F

CFR Subpart F
in effect

5 C.F.R. § 330.601 Purpose.

(a) An agency's Career Transition Assistance Plan (CTAP) provides intra-agency selection priority for the agency's eligible surplus and displaced employees. This subpart sets forth minimum requirements for agency plans and establishes requirements for CTAP selection priority. (b) Consistent with these regulations and at their discretion, an agency may supplement these requirements to expand career transition opportunities to its surplus and displaced workers. (c) With prior OPM approval, an agency may operate an alternate placement program that satisfies the basic requirements of this subpart as an exception to CTAP selection priority under this subpart. This provision allows agencies to adopt different placement strategies that are effective for their programs while satisfying employee entitlements to selection priority.

5 C.F.R. § 330.602 Definitions.

For purposes of this subpart: Agency means an Executive agency as defined in 5 U.S.C. 105. CTAP eligible means an agency surplus or displaced employee who has a current performance rating of record of at least fully successful (Level 3) or equivalent. As used in this subpart, “CTAP eligible” and “eligible” are synonymous. CTAP selection priority candidate means a CTAP eligible who applied for and was determined to be well-qualified by the agency and whom the agency must select over any other applicant for the vacancy, unless the action to be taken is listed as an exception under § 330.609. Displaced describes an agency employee in one of the following two categories: (1) A current career or career-conditional (tenure group I or II) competitive service employee at grade GS-15 (or equivalent) or below who: (i) Received a reduction in force (RIF) separation notice under part 351 of this chapter and has not declined an offer under part 351, subpart G, of this chapter of a position with the same type of work schedule and a representative rate at least as high as that of the position from which the employee will be separated; or (ii) Received a notice of proposed removal under part 752 of this chapter for declining a directed geographic relocation outside of the local commuting area (e.g., a directed reassignment or change in duty station). (2) A current excepted service employee on an appointment without time limit at grade level GS-15 (or equivalent) or below who: (i) Is covered by a law providing both noncompetitive appointment eligibility to, and selection priority for, competitive service positions; and (ii) Received a RIF separation notice under part 351 of this chapter or a notice of proposed removal under part 752 of this chapter for declining a directed geographic relocation outside the local commuting area (e.g., a directed reassignment or a change in duty station). Surplus describes an agency employee in one of the following three categories: (1) A current career or career-conditional (tenure group I or II) competitive service employee at grade GS-15 (or equivalent) or below who received a Certification of Expected Separation under part 351 of this chapter or other official agency certification or notification indicating that the employee's position is surplus (for example, a notice of position abolishment or a notice of eligibility for discontinued service retirement). (2) A current excepted service employee on an appointment without time limit at grade GS-15 (or equivalent) or below who: (i) Is covered by a law providing both noncompetitive appointment eligibility to, and selection priority for, competitive service positions; and (ii) Received a Certification of Expected Separation under part 351 of this chapter or other official agency certification or notification indicating that the employee's position is surplus (for example, a notice of position abolishment or a notice of eligibility for discontinued service retirement). (3) A current excepted service employee on a Schedule A or B appointment without time limit at grade level GS-15 (or equivalent) or below who is in an agency offering CTAP selection priority to its excepted service employees and who: (i) Received a Certification of Expected Separation under part 351 of this chapter or other official agency certification indicating that the employee is surplus (for example, a notice of position abolishment, or notice of eligibility for discontinued service retirement); or (ii) Received a RIF notice of separation under part 351 of this chapter or a notice of proposed removal under part 752 of this chapter for declining a directed geographic relocation outside the local commuting area (e.g., a directed reassignment or a change in duty station). Vacancy means a vacant competitive service position at grade GS-15 (or equivalent) or below to be filled for a total of 121 days or more, including all extensions, regardless of whether the agency issues a specific vacancy announcement.

5 C.F.R. § 330.603 Requirements for agency CTAPs.

(a) Each agency must establish a CTAP for its surplus and displaced employees. Each agency must send its plan, and any modifications, to OPM, Employee Services, after approval by an authorized agency official. (b) Each agency must uniformly and consistently apply its CTAP and these regulations to all surplus and displaced employees. (c) In addition to a description of the agency's selection priority policies required by § 330.604, a CTAP must describe the agency's policies with regard to how it will provide career transition services to all its surplus and displaced agency employees, including excepted service and Senior Executive Service employees. The plan must describe: (1) The types of career transition services the agency will provide; (2) Policies on employees' and former employees' use of transition services and facilities, including: (i) Excused absences for transition-related activities; (ii) Access to services or facilities after separation; (iii) Orientation sessions on career transition services and information as described in § 330.608(a) and (b), respectively; (iv) Retraining policies; (v) Access to agency CTAP services and resources by all employees, including those with disabilities, those in field offices, and those in remote sites; (vi) Access to other Federal, State, and local resources available to support career transition for employees with disabilities; and (vii) Availability of employee assistance programs and services. (d) An agency's CTAP must also describe the agency's policies and procedures for its Reemployment Priority List established under subpart B of this part and the Interagency Career Transition Placement Plan established under subpart G of this part.

5 C.F.R. § 330.604 Requirements for agency CTAP selection priority.

In addition to the overall requirements of § 330.603, an agency's CTAP must describe: (a) How the agency will provide CTAP selection priority to surplus and displaced employees for vacancies in the local commuting area before selecting any other candidate from either within or outside the agency; (b) Procedures for reviewing CTAP eligibles' qualifications and resolving qualification issues or disputes; (c) Decisions involving discretionary areas under § 330.607 (such as whether excepted service employees will receive CTAP selection priority, priority of surplus versus displaced employees, designation of agency components, and selection priority beyond the local commuting area); and (d) When and how the agency will inform its surplus and displaced employees about CTAP eligibility criteria, as required by § 330.608(b), how to apply for agency vacancies, and how to request CTAP selection priority.

5 C.F.R. § 330.605 Agency responsibilities for deciding who is well-qualified.

(a) An agency must define what constitutes a well-qualified candidate for its specific vacancies, consistent with this subpart, and uniformly apply that definition to all CTAP eligibles being considered for the vacancy. (b) An agency must conduct an independent second review and document the specific job-related reasons whenever a CTAP eligible is determined to be not well-qualified under the agency's definition. The agency must give the CTAP eligible the written results of this review as required by § 330.608(e).

5 C.F.R. § 330.606 Minimum criteria for agency definition of “well-qualified”.

(a) At a minimum, the agency must define “well-qualified” as having knowledge, skills, abilities, and/or competencies clearly exceeding the minimum qualification requirements for the vacancy. The agency definition may or may not equate to the highly or best qualified assessment criteria established for the vacancy; however, the agency definition of “well-qualified” must satisfy the criteria in paragraph (b) of this section. (b) Under an agency's definition of “well-qualified,” the agency must be able to determine whether a CTAP eligible: (1) Meets the basic eligibility requirements (including employment suitability requirements under part 731 of this chapter and any medical qualifications requirements), qualification standards (including minimum educational and experience requirements), and any applicable selective factors; (2) Is physically qualified, with or without reasonable accommodation, to perform the essential duties of the position; (3) Meets any special qualifying conditions of the position; (4) Is able to satisfactorily perform the duties of the position upon entry; and (5) At agency discretion, either: (i) Rates at or above specified level(s) on all quality ranking factors; or (ii) Rates above minimally qualified in the agency's rating and ranking process.

5 C.F.R. § 330.607 Applying CTAP selection priority.

(a) An agency must not place any other candidate from within or outside the agency into a vacancy if there is an available CTAP selection priority candidate, unless the personnel action to be effected is an exception under § 330.609. (b) In accordance with the conditions of part 300, subpart E, of this chapter, an agency may not procure temporary help services under that subpart until a determination is made that no CTAP eligible is available. (c) CTAP selection priority applies to a vacancy that: (1) Is at a grade or pay level with a representative rate no higher than the representative rate of the grade or pay level of the CTAP eligible's permanent position of record; (2) Has no greater promotion potential than the CTAP eligible's permanent position of record; (3) Is in the same local commuting area as the CTAP eligible's permanent position of record; (4) Is filled during the CTAP eligible's eligibility period; and, if applicable, (5) Is filled under the same excepted appointing authority as the CTAP eligible's permanent position of record if the CTAP eligible is an excepted service employee and the agency CTAP provides selection priority in the excepted service. (d) An agency may take actions under § 335.102 of this chapter to place a permanent competitive service employee into a vacancy if there are no CTAP eligible employees in the local commuting area or if no CTAP eligibles apply for the vacancy. (e) An agency component may place a component employee within the local commuting area in the vacancy after the component applies CTAP selection priority to its employees. (f) If there are two or more CTAP selection priority candidates for a vacancy, the agency may place any of them. An agency may decide the specific order of selection among CTAP selection priority candidates. For example, an agency may: (1) Provide a displaced candidate higher priority than a surplus candidate; or (2) Provide an internal component candidate higher priority than another component's candidate. (g) After an agency makes the vacancy available to its CTAP eligibles and meets its obligation to any CTAP selection priority candidates, the agency may place into the vacancy any other permanent competitive service candidate from within its workforce, under appropriate staffing procedures. (h) An agency may provide CTAP selection priority to eligible employees from another commuting area after fulfilling its obligation to CTAP selection priority candidates in the local commuting area. (i) An agency may deny a CTAP eligible future selection priority if the eligible: (1) Declines an offer of a permanent appointment at any grade or pay level in the competitive or excepted service; or (2) Fails to respond within a reasonable period of time, as defined by the agency, to an offer of a permanent appointment at any grade or pay level in the competitive or excepted service. (j) Before appointing an individual from outside the agency's permanent competitive service workforce, the agency must follow the requirements of subparts B and G of this part.

5 C.F.R. § 330.608 Other agency CTAP responsibilities.

(a) An agency must make a career transition orientation session available to all agency surplus and displaced employees with information on selection priority under this subpart and subparts B and G. Such orientation sessions may be in person or web-based through an agency automated training system or intranet. (b) An agency must give each agency CTAP eligible written information on selection priority under its plan, explaining how to locate and apply for agency vacancies and request selection priority. The agency may meet this requirement by providing a copy of its CTAP established under § 330.603. (c) An agency must take reasonable steps to ensure that agency CTAP eligibles have access to information on all vacancies, including how CTAP eligibles can apply, what proof of eligibility is required, and the agency definition of “well-qualified” for the vacancy. (d) If the agency can document that there are no CTAP eligibles in a local commuting area, the agency need not post the vacancy for CTAP eligibles. (e) An agency must provide a CTAP eligible who applied for a specific vacancy written notice of the final status of his or her application, including whether the eligible was determined to be well-qualified. The agency notice must include the results of the independent, second review under § 330.605(b), if applicable; whether another CTAP selection priority candidate was hired; whether the position was filled under an exception listed in § 330.609; and whether the recruitment was cancelled.

5 C.F.R. § 330.609 Exceptions to CTAP selection priority.

An agency may take the following personnel actions as exceptions to § 330.607: (a) Reemploy a former agency employee with regulatory or statutory reemployment rights, including the reemployment of an injured worker who either has been restored to earning capacity by the Office of Workers' Compensation Programs, Department of Labor, or has received a notice that his or her compensation benefits will cease because of full recovery from the disabling injury or illness; (b) Reassign or demote an employee under part 432 or 752 of this chapter; (c) Appoint an individual for a period limited to 120 or fewer days, including all extensions; (d) Reassign agency employees between or among positions in the local commuting area (sometimes called job swaps) when there is no change in grade or promotion potential and no actual vacancy results; (e) Convert an employee currently serving under an appointment providing noncompetitive conversion eligibility to a competitive service appointment, including from: (1) A Veterans Recruitment Appointment under part 307 of this chapter; (2) An appointment under 5 U.S.C. 3112 and part 316 of this chapter of a veteran with a compensable service-connected disability of 30 percent or more; (3) Make an excepted service appointment under part 213 of this chapter; and (4) A post-secondary student appointment under 5 U.S.C. 3116 and part 316, subpart I, of this chapter; (f) Effect a personnel action under, or specifically in lieu of, part 351 of this chapter; (g) Effect a position change of an employee into a different position as a result of a formal reorganization, as long as the former position ceases to exist and no actual vacancy results; (h) Assign or exchange an employee under a statutory program, such as subchapter VI of chapter 33 of title 5, United States Code (also called the Intergovernmental Personnel Act), or the Information Technology Exchange Program under chapter 37 of title 5, United States Code; (i) Appoint an individual under an excepted service appointing authority; (j) Effect a position change of an employee within the excepted service; (k) Detail an employee within the agency; (l) Promote an employee for a period limited to 120 or fewer days, including all extensions; (m) Effect a position change of a surplus or displaced employee in the local commuting area; (n) Effect a position change of an employee under 5 U.S.C. 8337 or 8451 to allow continued employment of an employee who is unable to provide useful and efficient service in his or her current position because of a medical condition; (o) Effect a position change of an employee to a position that constitutes a reasonable offer as defined in 5 U.S.C. 8336(d) and 8414(b); (p) Effect a position change of an employee resulting from a reclassification action (such as accretion of duties or an action resulting from application of new position classification standards); (q) Promote an employee to the next higher grade or pay level of a designated career ladder position; (r) Recall a seasonal or intermittent employee from nonpay status; (s) Effect a position change of an injured or disabled employee to a position in which he or she can be reasonably accommodated; (t) Effect a personnel action pursuant to the settlement of a formal complaint, grievance, appeal, or other litigation; (u) Reassign or demote an employee under § 315.907 of this chapter for failure to complete a supervisory or managerial probationary period; (v) Retain an individual whose position is brought into the competitive service under part 316 of this chapter and convert that individual, when applicable, under part 315 of this chapter; (w) Retain an employee covered by an OPM-approved variation under Civil Service Rule 5.1 (5 CFR 5.1); (x) Reemploy a former agency employee who retired under a formal trial retirement and reemployment program and who requests reemployment under the program's provisions and applicable time limits; (y) Extend a time-limited promotion or appointment up to the maximum period allowed (including any OPM-approved extensions beyond the regulatory limit on the time-limited promotion or appointment), if the original action was made subject to CTAP selection priority and the original announcement or notice stated that the promotion or appointment could be extended without further announcement; (z) Transfer an employee between agencies under appropriate authority during an interagency reorganization, interagency transfer of function, or interagency mass transfer; (aa) Appoint a member of the Senior Executive Service into the competitive service under 5 U.S.C. 3594; (bb) Transfer an employee voluntarily from one agency to another under a Memorandum of Understanding or similar agreement under appropriate authority resulting from an interagency reorganization, interagency transfer of function, or interagency mass transfer, when both the agencies and the affected employee agree to the transfer; (cc) Reassign an employee whose position description or other written mobility agreement provides for reassignment outside the commuting area as part of a planned agency rotational program; (dd) Transfer or a position change of an employee under part 412 of this chapter; (ee) Convert an employee's time-limited appointment in the competitive or excepted service to a permanent appointment in the competitive service if the employee accepted the time-limited appointment while a CTAP eligible; or (ff) Make an appointment using the college graduate hiring authority under 5 U.S.C. 3115 and part 315 of this chapter. (gg) Make an appointment using the post-secondary student hiring authority under 5 U.S.C. 3116 and part 316, subpart I, of this chapter.

5 C.F.R. § 330.610 CTAP eligibility period.

(a) CTAP eligibility begins on the date the employee meets the definition of surplus or displaced in § 330.602. (b) CTAP eligibility ends on the date the employee: (1) Separates from the agency either voluntarily or involuntarily; (2) Receives a notice rescinding, canceling, or modifying the notice which established CTAP eligibility so that the employee no longer meets the definition of surplus or displaced; (3) Is placed in another position within the agency at any grade or pay level, either permanent or time-limited, before the agency separates the employee; or (4) Is appointed to a career, career-conditional, or excepted appointment without time limit in any agency at any grade or pay level.

5 C.F.R. § 330.611 Establishing CTAP selection priority.

(a) CTAP selection priority for a specific agency vacancy begins when: (1) The CTAP eligible submits all required application materials, including proof of eligibility, within agency-established timeframes; and, (2) The agency determines the eligible is well-qualified for the vacancy. (b) An agency may allow CTAP eligible employees to become CTAP selection priority candidates for positions in other local commuting areas only if there are no CTAP selection priority candidates within the local commuting area of the vacancy. (c) An agency may deny future CTAP selection priority for agency positions if the CTAP eligible declines an offer of permanent appointment at any grade level (whether it is a competitive or excepted appointment).

5 C.F.R. § 330.612 Proof of eligibility.

(a) The CTAP eligible must submit a copy of one of the documents listed under the definition of displaced or surplus in § 330.602 to establish selection priority under § 330.611. (b) The CTAP eligible may also submit a copy of a RIF notice with an offer of another position, accompanied by the signed declination of the offer. The RIF notice must state that declination of the offer will result in separation under RIF procedures.

5 C.F.R. § 330.613 OPM's role in CTAP.

OPM has oversight of CTAP and may conduct reviews of agency compliance and require corrective action at any time.

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