[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: 5CFR430.201]

[Page 311]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 430--PERFORMANCE MANAGEMENT--Table of Contents
 
Subpart B--Performance Appraisal for General Schedule, Prevailing Rate, 
                       and Certain Other Employees
 
Sec. 430.201  General.

    Source: 60 FR 43943, Aug. 23, 1995, unless otherwise noted.


    (a) Statutory authority. Chapter 43 of title 5, United States Code, 
provides for the establishment of agency performance appraisal systems 
and requires the Office of Personnel Management (OPM) to prescribe 
regulations governing such systems. The regulations in this subpart in 
combination with statute set forth the requirements for agency 
performance appraisal system(s) and program(s) for employees covered by 
subchapter I of chapter 43.
    (b) Savings provision. The performance appraisal system portion of 
an agency's Performance Management Plan approved by OPM as of September 
22, 1995 shall constitute an approved performance appraisal system under 
the regulations in this subpart until such time changes to the system 
are approved. No provision of the regulations in this subpart shall be 
applied in such a way as to affect any administrative proceeding related 
to any action taken under regulations in this chapter pending on 
September 22, 1995.
    (c) Equivalent ratings of record. (1) If an agency has 
administratively adopted and applied the procedures of this subpart to 
evaluate the performance of its employees, the ratings of record 
resulting from that evaluation are considered ratings of record for 
reduction in force purposes.
    (2) Other performance evaluations given while an employee is not 
covered by the provisions of this subpart are considered ratings of 
record for reduction in force purposes when the performance evaluation--
    (i) Was issued as an officially designated evaluation under the 
employing agency's performance evaluation system,
    (ii) Was derived from the appraisal of performance against 
expectations that are established and communicated in advance and are 
work related, and
    (iii) Identified whether the employee performed acceptably.
    (3) When the performance evaluation does not include a summary level 
designator and pattern comparable to those established at 
Sec. 430.208(d), the agency may identify a level and pattern based on 
information related to the appraisal process.

[60 FR 43943, Aug. 23, 1995; 60 FR 47646, Sept. 13, 1995, as amended at 
62 FR 62502, Nov. 24, 1997]