[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: 5CFR330.704]

[Page 211]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)--Table of Contents
 
 Subpart G--Interagency Career Transition Assistance Plan for Displaced 
                                Employees
 
Sec. 330.704  Eligibility.

    (a) To be eligible for the special selection priority, an individual 
must meet all of the following conditions:
    (1) Is a displaced employee as defined in Sec. 330.703(b);
    (2) Has a current (or a last) performance rating of record of at 
least fully successful or equivalent (except for those eligible under 
Sec. 330.703(b)(3), (b)(4), and (b)(6);
    (3) Applies for a vacancy at or below the grade level from which the 
employee has been or is being separated, that does not have a greater 
promotion potential than the position from which the employee has been 
or is being separated;
    (4) Occupies, or was displaced from a position in the same local 
commuting area of the vacancy;
    (5) Files an application for a specific vacancy within the time 
frames established by the agency, and provides proof of eligibility 
required under Sec. 330.708(a)(2); and
    (6) Is determined by the agency to be well-qualified for the 
specific position.
    (b) Eligibility for special selection priority begins:
    (1) On the date the agency issues the RIF separation notice;
    (2) On the date an agency certifies that it cannot place an employee 
eligible under Sec. 330.703(b)(3);
    (3) On the date an employee eligible under Sec. 330.703(b)(4) is 
notified that his or her disability annuity has been or is being 
terminated;
    (4) On the date the agency issues a formal notice of proposed 
separation to an employee for declining a transfer of function or 
directed reassignment outside the local commuting area; or
    (5) On the date the National Guard Bureau or Military Department 
certifies that an employee under Sec. 330.703(b)(6) has retired under 5 
U.S.C. 8337(h) or 8456.
    (c) Eligibility expires:
    (1) 1 year after separation, except for those employees separated on 
or after September 12, 1995, and prior to February 29, 1996. For these 
employees, eligibility expired February 28, 1997;
    (2) 1 year after an agency certifies that an individual under 
Sec. 330.703(b)(3) cannot be placed;
    (3) 1 year after an individual under Sec. 330.703(b)(4) receives 
notification that his/her disability annuity has been or will be 
terminated;
    (4) When the employee receives a career, career-conditional, or 
excepted appointment without time limit in any agency at any grade 
level;
    (5) When the employee no longer meets the eligibility requirements 
set forth in paragraph (a) of this section (e.g., the employee is no 
longer being separated by RIF, or under adverse action procedures for 
declining a transfer of function or directed reassignment outside the 
local commuting area, or separates by resignation or non-discontinued 
service retirement prior to the RIF effective date); or
    (6) At an agency's discretion, when an eligible employee declines a 
career, career conditional, or excepted appointment (without time 
limit), for which the employee has applied and been rated well-
qualified; or upon the failure of the applicant to respond within a 
reasonable period of time to an offer or official inquiry of 
availability.
    (7) Two years after separation, for those employees eligible under 
Sec. 330.407(b).

[62 FR 31323, June 9, 1997, as amended at 65 FR 52642, Aug. 30, 2000]