[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: 5CFR352.805]

[Page 276]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 352_REEMPLOYMENT RIGHTS--Table of Contents
 
      Subpart H_Reemployment Rights Under the Taiwan Relations Act
 
Sec. 352.805  Position to which entitled on reemployment.

    (a) Basic position entitlement. (1) On reemployment, an employee is 
entitled to be appointed to a position in the employee's former or 
successor agency in the following order:
    (i) To the position last held in the former agency:
    (A) If that position has been identified for transfer to a different 
agency, reemployment rights must be exercised with the gaining agency.
    (B) If that position has been reclassified, the employee should be 
placed in the reclassified position;
    (ii) A position in the same competitive level; or
    (iii) Another position for which otherwise qualified at the same 
grade or level and in the same competitive area.
    (2) The employing agency determines under paragraph (a)(1) of this 
section the position to which the employee is entitled. Reduction-in-
force procedures shall be applied when necessary in determining the 
position to which the employee has a right. In applying reduction-in-
force procedures, the applicant shall be considered an employee of the 
agency.
    (3) Extending the area. Responsibility for reemploying an applicant 
is agencywide. If the applicant is not placed under paragraph (a)(1) of 
this section, the agency must extend reemployment rights, based on the 
agency's need, for assignment outside the competitive area. The employee 
is entitled to a position, for which qualified and eligible, at the same 
grade or level as the position last held in the agency. Where necessary, 
reduction-in-force procedures shall be applied in determining the 
position to which the employee has a right. The applicant shall be 
considered an employee for the purpose of applying the reduction-in-
force procedures.
    (b) Employee option. Before the competitive area is extended under 
paragraph (a)(3) of this section, an employee who cannot be placed under 
paragraph (a)(1) of this section in the same competitive area at the 
grade or level as the position last held, is entitled, if the employee 
elects, to reemployment in a position at a lower grade or level 
identified under the same conditions and procedures as paragraph (a)(1) 
of this section.
    (c) Agency option. At any stage in the process, the agency has the 
option to satisfy the employee's right to reemployment by offering a 
vacant position which, under reduction-in-force regulations, is in 
accord with the employee's rights. Also, with the employee's consent, 
right to reemployment can be met by placement in a vacant position, for 
which the employee is qualified according to agency determination and 
need, outside the organizational or geographic area of entitlement, 
either at the appropriate grade or at a grade other than the one to 
which entitled.
    (d) Basic position entitlement in the Senior Executive Service. (1) 
On reemployment, an employee (who meets the requirements to Sec. 
352.803(c)(3)) is entitled to be given a career appointment in the 
Senior Executive Service the employee's former or successor agency.
    (2) The employee may be assigned to any position in the Senior 
Executive Service for which he/she meets the qualifications 
requirements.
    (3) The employee may elect to accept reemployment in a position 
outside the Senior Executive Service. Such placement would be subject to 
the provisions of paragraphs (b) and (c) of this section.