[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: 5CFR351.201]

[Page 240-241]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 351_REDUCTION IN FORCE--Table of Contents
 
                      Subpart B_General Provisions
 
Sec. 351.201  Use of regulations.




Subpart A [Reserved]

                      Subpart B_General Provisions

Sec.
351.201 Use of regulations.
351.202 Coverage.
351.203 Definitions.
351.204 Responsibility of agency.
351.205 Authority of OPM.

                     Subpart C_Transfer of Function

351.301 Applicability.
351.302 Transfer of employees.
351.303 Identification of positions with a transferring function.

                     Subpart D_Scope of Competition

351.401 Determining retention standing.
351.402 Competitive area.
351.403 Competitive level.
351.404 Retention register.
351.405 Demoted employees.

                      Subpart E_Retention Standing

351.501 Order of retention--competitive service.
351.502 Order of retention--excepted service.
351.503 Length of service.
351.504 Credit for performance.
351.505 Records.
351.506 Effective date of retention standing.

                Subpart F_Release From Competitive Level

351.601 Order of release from competitive level.
351.602 Prohibitions.
351.603 Actions subsequent to release from competitive level.
351.604 Use of furlough.
351.605 Liquidation provisions.
351.606 Mandatory exceptions.
351.607 Permissive continuing exceptions.
351.608 Permissive temporary exceptions.

             Subpart G_Assignment Rights (Bump and Retreat)

351.701 Assignment involving displacement.
351.702 Qualifications for assignment.
351.703 Exception to qualifications.
351.704 Rights and prohibitions.
351.705 Administrative assignment.

                      Subpart H_Notice to Employee

351.801 Notice period.
351.802 Content of notice.
351.803 Notice of eligibility for reemployment and other placement 
          assistance.
351.804 Expiration of notice.
351.805 New notice required.
351.806 Status during notice period.
351.807 Certification of Expected Separation.

                 Subpart I_Appeals and Corrective Action

351.901 Appeals.
351.902 Correction by agency.

Subpart J [Reserved]

    Authority: 5 U.S.C. 1302, 3502, 3503; sec. 351.801 also issued under 
E.O. 12828, 58 FR 2965.

    Source: 51 FR 319, Jan. 3, 1986, unless otherwise noted.

Subpart A [Reserved]



    (a)(1) Each agency is responsible for determining the categories 
within which positions are required, where they are to be located, and 
when they are to be filled, abolished, or vacated. This includes 
determining when there is a surplus of employees at a particular 
location in a particular line of work.
    (2) Each agency shall follow this part when it releases a competing 
employee from his or her competitive level by furlough for more than 30 
days, separation, demotion, or reassignment requiring displacement, when 
the release is required because of lack of work; shortage of funds; 
insufficient personnel ceiling; reorganization; the exercise of 
reemployment rights or restoration rights; or reclassification of an 
employee's position die to erosion of duties when such action will take 
effect after an agency has formally announced a reduction in force in 
the employee's competitive area and when the reduction in force will 
take effect within 180 days.
    (b) This part does not require an agency to fill a vacant position. 
However, when an agency, at its discretion, chooses to fill a vacancy by 
an employee who has been reached for release from a competitive level 
for one of the reasons in paragraph (a)(2) of this section, this part 
shall be followed.
    (c) Each agency is responsible for assuring that the provisions in 
this part

[[Page 241]]

are uniformly and consistently applied in any one reduction in force.
    (d) An agency authorized to administer foreign national employee 
programs under section 408 of the Foreign Service Act of 1980 (22 U.S.C. 
3968) may include special plans for reduction in force in its foreign 
national employee programs. In these special plans an agency may give 
effect to the labor laws and practices of the locality of employment by 
supplementing the selection factors in subparts D and E of this part to 
the extent consistent with the public interest. Subpart I of this part 
does not apply to actions taken under the special plans authorized by 
this paragraph.