[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR330.604]

[Page 205-207]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 330_RECRUITMENT, SELECTION, AND PLACEMENT 
(GENERAL)--Table of Contents
 
  Subpart F_Agency Career Transition Assistance Plans (CTAP) for Local 
                     Surplus and Displaced Employees
 
Sec. 330.604  Definitions.

    For purposes of this subpart:
    (a) Agency means an Executive Department, a Government corporation, 
and an independent establishment as cited in 5 U.S.C. 105. For the 
purposes of this program, the term ``agency'' includes all components of 
an organization, including its Office of Inspector General.
    (b) Component means the first major subdivision of an agency, that 
is separately organized and clearly distinguished from other components 
in work function and operation.
    (c) Displaced employee means:

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    (1) A current career or career conditional competitive service 
employee in tenure group 1 or 2, at grade levels GS-15 or equivalent and 
below, who has received a specific reduction in force (RIF) separation 
notice or notice of proposed removal for declining a directed 
reassignment or transfer of function outside of the local commuting 
area; or,
    (2) A current Executive Branch agency employee in the excepted 
service, serving on an appointment without time limit, at grade levels 
GS-15 or equivalent and below, who has been given noncompetitive 
appointment eligibility and selection priority by statute for positions 
in the competitive service, and who is in receipt of a reduction in 
force separation notice or notice of proposed removal for declining a 
transfer of function or directed reassignment outside of the local 
commuting area.
    (d) Eligible employee means a surplus or displaced employee who 
meets the conditions set forth in Sec. 330.605(a).
    (e) Local commuting area means the geographic area that usually 
constitutes one area for employment purposes as determined by the 
agency. It includes any population center (or two or more neighboring 
ones) and the surrounding localities in which people live and can 
reasonably be expected to travel back and forth daily to their usual 
employment.
    (f) Reorganization means the planned elimination or redistribution 
of work functions within an agency, normally announced in writing.
    (g) Special selection priority means that, except as provided by 
Sec. 330.606(d), surplus and/or displaced employees eligible under this 
subpart must be selected over any other candidate for vacancies in the 
local commuting area for which they apply and are found well-qualified.
    (h) Suitability means determinations based on an individual's 
character or conduct that may impact the efficiency of the service by 
jeopardizing an agency's accomplishment of its duties or 
responsibilities, or by interfering with or preventing effective service 
in the competitive, excepted or SES position applied for or employed in, 
and determinations that there is a statutory or regulatory bar to 
employment.
    (i) Surplus employee means:
    (1) A current agency employee serving under an appointment in the 
competitive service, in tenure group 1 or 2, at grade levels GS-15 or 
equivalent and below, who has received a certificate of expected 
separation or other official certification issued by the agency 
indicating that the position is surplus, for example, a notice of 
position abolishment, or a notice stating that the employee is eligible 
for discontinued service retirement; or,
    (2) A current Executive Branch agency employee serving on an 
excepted service appointment without time limit, at grade levels GS-15 
or equivalent and below, who has been issued a certificate of expected 
separation or other official agency certification indicating that his or 
her position is surplus, for example, a notice of position abolishment 
or a notice stating that the employee is eligible for discontinued 
service retirement, and who has been conferred noncompetitive 
appointment eligibility and special selection priority by statute for 
positions in the competitive service; and
    (3) At an agency's discretion, a current Executive Branch employee 
serving on a Schedule A or B excepted appointment without time limit, at 
grade levels GS-15 or equivalent and below, and who is in receipt of a 
certificate of expected separation or other official agency 
certification indicating that his or her job is surplus, for example, a 
notice of position abolishment, or an official notice stating that the 
employee is eligible for discontinued service retirement; or an employee 
who has received a RIF notice of separation, or a notice of proposed 
removal for declining a transfer of function or directed reassignment 
outside of the local commuting area. Such employee may exercise 
selection priority for permanent excepted service positions within the 
agency's local commuting area, provided the position to which appointed 
has the same appointing authority, i.e., Schedule A or B, as the 
position from which being separated.
    (j) Vacancy means a competitive service position filled for a total 
of 121 days or more, including all extensions,

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which the agency is filling, regardless of whether the agency issues a 
specific vacancy announcement.
    (k) Well-qualified employee means an eligible employee who possesses 
the knowledge, skills, and abilities which clearly exceed the minimum 
qualification requirements for the position. A well-qualified employee 
will not necessarily meet the agency's definition of ``highly or best 
qualified,'' when evaluated against other candidates who apply for a 
particular vacancy, but must satisfy the following criteria, as 
determined and consistently applied by the agency:
    (1) Meets the basic qualification standards and eligibility 
requirements for the position, including any medical qualifications, 
suitability, and minimum educational and experience requirements; and
    (2) Satisfies one of the following qualifications requirements:
    (i) Meets all selective factors where applicable. Meets appropriate 
quality rating factor levels as determined by the agency. Selective and 
quality ranking factors cannot be so restrictive that they run counter 
to the goal of placing displaced employees. In the absence of selective 
and quality ranking factors, selecting officials will document the job-
related reason(s) the eligible employee is or is not considered to be 
well qualified; or
    (ii) Is rated by the agency to be above minimally qualified in 
accordance with the agency's specific rating and ranking process. 
Generally, this means that the individual may or may not meet the 
agency's test for ``highly qualified,'' but would in fact, exceed the 
minimum qualifications for the position;
    (3) Is physically qualified, with reasonable accommodation where 
appropriate, to perform the essential duties of the position;
    (4) Meets any special qualifying condition(s) that OPM has approved 
for the position; and
    (5) Is able to satisfactorily perform the duties of the position 
upon entry.