[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR330.206]

[Page 200-201]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)--Table of Contents
 
               Subpart B--Reemployment Priority List (RPL)
 
Sec. 330.206  Job consideration.

    (a)(1) An eligible employee under Sec. 330.203 is entitled to 
consideration for positions in the commuting area for which qualified 
and available that are at no higher grade (or equivalent), have no 
greater promotion potential than the position from which the employee 
was or will be separated, and have the same type of work schedule. In 
addition, an employee is entitled to consideration for any higher grade 
previously held on a nontemporary basis in the competitive service from 
which the employee was demoted under part 351 of this chapter.
    (2) An employee is considered for positions having the same type of 
work schedule as the position from which separated except that the 
agency, at its discretion, may adopt provisions permitting employees to 
request consideration for other work schedules in addition to that 
formerly held.
    (3) An eligible employee may be entered on the RPL only for the 
commuting area in which separated and may not apply for the RPL in any 
other location, except as provided in paragraph (a)(4) of this section.
    (4) Each eligible employee in a position in Alaska or overseas is 
entitled to apply for the RPL for the commuting area in which separated, 
unless:
    (i) The employee leaves that area and makes a written request for 
entry on the RPL for the commuting area from which he or she was 
employed for Alaskan or overseas service, or in another area within the 
United States outside of Alaska that is mutually acceptable to the 
individual and the agency; or
    (ii) The agency has a general program for rotating employees between 
overseas areas and the United States and the employee's immediately 
preceding overseas service or residence, combined with prospective 
overseas service under available appointments, would exceed the maximum 
duration of an overseas duty tour in the agency rotation program. In 
this case, the employee may apply for one other commuting area within 
the United States that is mututally acceptable to the individual and the 
agency.
    (b)(1) An eligible employee under Sec. 330.205 is placed on the RPL 
for reemployment consideration for his or her former position or an 
equivalent one. If the individual cannot be placed in such a position in 
the former commuting area, he or she is entitled to priority 
consideration for an equivalent position elsewhere in the agency at the 
time and in a manner as the agency determines will provide the 
individual with maximum opportunities for consideration.
    (2) In lieu of expanded consideration in other locations, an 
individual who cannot be placed in his or her former or equivalent 
position in the former commuting area may elect to be considered

[[Page 201]]

for the next best available position in the former commuting area.

[53 FR 45067, Nov. 8, 1988, as amended at 60 FR 3060, Jan. 13, 1995]