legal · go-v.org

Order of retention—competitive service.

CFR · 2024-01-01 · US · Title 5

(a) Competing employees shall be classified on a retention register on the basis of their tenure of employment, veteran preference, length of service, and performance in descending order as follows: (1) By tenure group I, group II, group III; and (2) Within each group by veteran preference subgroup AD, subgroup A, subgroup B; and (3) Within each subgroup by years of service as augmented by credit for performance under § 351.504, beginning with the earliest service date. (b) Groups are defined as follows: (1) Group I includes each career employee who is not serving a probationary period. (A supervisory or managerial employee serving a probationary period required by subpart I of part 315 of this title is in group I if the employee is otherwise eligible to be included in this group.) The following employees are in group I as soon as the employee completes any required probationary period for initial appointment: (i) An employee for whom substantial evidence exists of eligibility to immediately acquire status and career tenure, and whose case is pending final resolution by OPM (including cases under Executive Order 10826 to correct certain administrative errors); (ii) An employee who acquires competitive status and satisfies the service requirement for career tenure when the employee's position is brought into the competitive service; (iii) An administrative law judge; (iv) An employee appointed under 5 U.S.C. 3104, which provides for the employment of specially qualified scient

official document · source cfr-2024 · id 5:§ 351.501