[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR330.203]

[Page 195-196]
 
                    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. 330.203  Eligibility due to reduction in force.

    (a) To apply for the RPL, an employee must meet all the following 
conditions:
    (1) Be serving under an appointment in the competitive service in 
tenure group I or II;
    (2) Have received a rating above unacceptable (level 1) as the last 
annual performance rating of record for part 351 purposes (except for 
employees in positions excluded from a performance appraisal system by 
law, regulation, or OPM administrative action);
    (3) Have received a specific notice of separation under part 351 of 
this chapter, or a Certification of Expected Separation as provided in 
Sec. 351.807 of this chapter; and
    (4) Have not declined an offer under subpart G of part 351 of this 
chapter of a position with the same type of work schedule and a 
representative rate at least as high as that of the position from which 
the employee was or will be separated.
    (b) At the time it gives a specific RIF notice of separation or a 
Certification of Expected Separation, the agency must give each eligible 
employee information about the RPL, including appeal rights.
    (c) A tenure group I employee is eligible for the RPL for 2 years, 
and a tenure group II employee is eligible for 1 year, from the date the 
employee is entered on the RPL.
    (d)(1) When an individual declines an offer of career, career-
conditional, or excepted appointment without time limit or fails to 
reply to an inquiry, under this subpart, and the position meets the 
acceptable conditions shown in his or her application, he or she

[[Page 196]]

loses RPL consideration for all positions with a representative rate at 
or below that grade. However, subject to paragraph (d)(2)(iii) of this 
section, the individual retains eligibility for positions with a higher 
representative rate up to the last grade held.
    (2) Also, an individual is taken off the RPL before the period of 
eligibility expires when the individual:
    (i) Requests removal;
    (ii) Receives a career, career-conditional, or excepted appointment 
without time limit in any agency;
    (iii) Declines an offer of career, career-conditional, or excepted 
appointment without time limit or fails to reply to an inquiry, under 
this subpart, by the employee's former agency, concerning a specific 
position having a representative rate at least as high, and with the 
same type of work schedule, as that of the position from which the 
person was or will be separated.
    (iv) Separates for some other reason (such as retirement, 
resignation, etc.) before the date the RIF separation would take effect. 
An employee who retires on or after the date of separation by RIF does 
not lose RPL eligibility.
    (v) Declines an interview or fails to appear for a scheduled 
interview only if notified in advance of this requirement and the 
subsequent consequences.
    (vi) In the case of an individual enrolled on an RPL for Alaska or 
overseas, leaves the area covered by that RPL or becomes disqualified 
for overseas employment because of previous service or residence.
    (3) When an agency removes an individual from the RPL because of 
failure to reply to a specific permanent job offer or an inquiry of 
availability for a specific permanent vacancy, the agency must have 
evidence to show that a written offer or inquiry was made (e.g., a 
Postal Service ``return receipt signed by addressee only''). The written 
offer or inquiry to the individual must clearly state that failure to 
respond will result in loss of RPL consideration for that grade or 
higher grades, if eligible.
    (e) Declination of nonpermanent employment has no effect on RPL 
eligibility or continuation of RPL consideration.
    (f) Consideration for all jobs (whether permanent or nonpermanent) 
is suspended for any individual who cannot be reached by the agency. 
Submission of an updated application can reinstate consideration, but 
the period of eligibility is not extended beyond the original time set 
in paragraph (c) of this section.
    (g) Eligibles who had agreed to transfer with their function but 
were separated by RIF from the gaining competitive area are registered 
on the RPL of the gaining competitive area.

[53 FR 45067, Nov. 8, 1988, as amended at 57 FR 21890, May 26, 1992; 60 
FR 3059, Jan. 13, 1995]