Assignment involving displacement.

CFR · 2024-01-01 · US · Title 5

(a) (b) (1) Is held by another employee in a lower tenure group or in a lower subgroup within the same tenure group; and (2) Is no more than three grades (or appropriate grade intervals or equivalent) below the position from which the employee was released. (c) (1) Is held by another employee with lower retention standing in the same tenure group and subgroup; and (2) Is not more than three grades (or appropriate grade intervals or equivalent) below the position from which the employee was released, except that for a preference eligible employee with a compensable service-connected disability of 30 percent or more the limit is five grades (or appropriate grade intervals or equivalent). (The agency uses the grade progression of only the released employee's position of record to determine the applicable grades (or appropriate grade intervals or equivalent) of the employee's retreat right. The agency does not consider the grade progression of the position to which the employee has a retreat right.); and (3) Is the same position, or an essentially identical position, formerly held by the released employee on a permanent basis as a competing employee in a Federal agency ( (d) (e) (2) Each employee's assignment rights shall be determined on the basis of the pay rates in effect on the date of issuance of specific reduction-in-force notices, except that when it is officially known on the date of issuance of notices that new pay rates have been approved and will become effective by th

official document · source cfr-2024 · id 5:§ 351.701