[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: 5CFR351.606]

[Page 253]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 351--REDUCTION IN FORCE--Table of Contents
 
                Subpart F--Release From Competitive Level
 
Sec. 351.606  Mandatory exceptions.

    (a) Armed Forces restoration rights. When a agency applies 
Sec. 351.601 or Sec. 351.605, it shall give retention priorities over 
other employees in the same subgroup to each group I or II employee 
entitled under 38 U.S.C. 2021 or 2024 to retention for, as applicable, 6 
months or 1 year after restoration, as provided in part 353 of this 
chapter.
    (b) Use of annual leave to reach initial eligibility for retirement 
or continuance of health benefits. (1) An agency shall make a temporary 
exception under this section to retain an employee who is being 
involuntarily separated under this part, and who elects to use annual 
leave to remain on the agency's rolls after the effective date the 
employee would otherwise have been separated by reduction in force, in 
order to establish initial eligibility for immediate retirement under 5 
U.S.C. 8336, 8412, or 8414, and/or to establish initial eligibility 
under 5 U.S.C. 8905 to continue health benefits coverage into 
retirement.
    (2) An agency shall make a temporary exception under this section to 
retain an employee who is being involuntarily separated under authority 
of part 752 of this chapter because of the employee's decision to 
decline relocation (including transfer of function), and who elects to 
use annual leave to remain on the agency's rolls after the effective 
date the employee would otherwise have been separated by adverse action, 
in order to establish initial eligibility for immediate retirement under 
5 U.S.C. 8336, 8412, or 8414, and/or to establish initial eligibility 
under 5 U.S.C. 8905 to continue health benefits coverage into 
retirement.
    (3) An employee retained under paragraph (b) by this section must be 
covered by chapter 63 of title 5, United States Code.
    (4) An agency may not retain an employee under paragraph (b) of this 
section past the date that the employee first becomes eligible for 
immediate retirement, or for continuation of health benefits into 
retirement, except that an employee may be retained long enough to 
satisfy both retirement and health benefits requirements.
    (5) Except as permitted by 5 CFR 351.608(d), an agency may not 
approve an employee's use of any other type of leave after the employee 
has been retained under a temporary exception authorized by paragraph 
(b) of this section.
    (6) Annual leave for purposes of paragraph (b) of this section is 
described in Sec. 630.212 of this chapter.
    (c) Documentation. Each agency shall record on the retention 
register, for inspection by each employee, the reasons for any deviation 
from the order of release required by Sec. 351.601 or Sec. 351.605.

[62 FR 10682, Mar. 10, 1997]