[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR831.503]

[Page 98-99]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 831--RETIREMENT--Table of Contents
 
                  Subpart E--Eligibility for Retirement
 
Sec. 831.503  Retirement based on involuntary separation.

    (a) General. An employee who would otherwise be eligible for 
retirement based on involuntary separation from the service is not 
entitled to an annuity under section 8336(d)(1) of title 5, United 
States Code, if the employee has declined a reasonable offer of another 
position.
    (b) Criteria for reasonable offer. For the purposes of determining 
entitlement to annuity based on such involuntary separation, the offer 
of a position must meet all of the following conditions to be considered 
a reasonable offer:
    (1) The offer must be made in writing;
    (2) The employee must meet established qualification requirements; 
and
    (3) The offered position must be--
    (i) In the employee's agency, including an agency to which the 
employee with his or her function is transferred in a transfer of 
functions between agencies;
    (ii) Within the employee's commuting area as defined in 
Sec. 831.1202 of this part, unless geographic mobility is a condition of 
the employee's employment;
    (iii) Of the same tenure and work schedule; and
    (iv) Not lower than the equivalent of two grades or pay levels below 
the employee's current grade or pay level, without consideration of the 
employee's eligibility to retain his or her current grade or pay under 
part 536 of this chapter or other authority. In movements between pay 
schedules or pay systems, the representative rate of the grade or pay 
level that is two grades below that of the current position shall be 
compared with the representative rate of the grade or pay level of the 
offered position. For this purpose, ``representative rate'' has the 
meaning

[[Page 99]]

given that term in Sec. 536.102 of this chapter.

[48 FR 38786, Aug. 26, 1983. Redesignated and amended at 58 FR 49179, 
Sept. 22, 1993]