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Current as of October 02, 2022 | Updated by FindLaw Staff
For purposes of this subpart:
Agency means an Executive agency as defined in 5 U.S.C. 105.
CTAP eligible means an agency surplus or displaced employee who has a current performance rating of record of at least fully successful (Level 3) or equivalent. As used in this subpart, “CTAP eligible” and “eligible” are synonymous.
CTAP selection priority candidate means a CTAP eligible who applied for and was determined to be well-qualified by the agency and whom the agency must select over any other applicant for the vacancy, unless the action to be taken is listed as an exception under § 330.609.
Displaced describes an agency employee in one of the following two categories:
(1) A current career or career-conditional (tenure group I or II) competitive service employee at grade GS–15 (or equivalent) or below who:
(i) Received a reduction in force (RIF) separation notice under part 351 of this chapter and has not declined an offer under part 351, subpart G, of this chapter of a position with the same type of work schedule and a representative rate at least as high as that of the position from which the employee will be separated; or
(ii) Received a notice of proposed removal under part 752 of this chapter for declining a directed geographic relocation outside of the local commuting area (e.g., a directed reassignment or change in duty station).
(2) A current excepted service employee on an appointment without time limit at grade level GS–15 (or equivalent) or below who:
(i) Is covered by a law providing both noncompetitive appointment eligibility to, and selection priority for, competitive service positions; and
(ii) Received a RIF separation notice under part 351 of this chapter or a notice of proposed removal under part 752 of this chapter for declining a directed geographic relocation outside the local commuting area (e.g., a directed reassignment or a change in duty station).
Surplus describes an agency employee in one of the following three categories:
(1) A current career or career-conditional (tenure group I or II) competitive service employee at grade GS–15 (or equivalent) or below who received a Certification of Expected Separation under part 351 of this chapter or other official agency certification or notification indicating that the employee's position is surplus (for example, a notice of position abolishment or a notice of eligibility for discontinued service retirement).
(2) A current excepted service employee on an appointment without time limit at grade GS–15 (or equivalent) or below who:
(i) Is covered by a law providing both noncompetitive appointment eligibility to, and selection priority for, competitive service positions; and
(ii) Received a Certification of Expected Separation under part 351 of this chapter or other official agency certification or notification indicating that the employee's position is surplus (for example, a notice of position abolishment or a notice of eligibility for discontinued service retirement).
(3) A current excepted service employee on a Schedule A or B appointment without time limit at grade level GS–15 (or equivalent) or below who is in an agency offering CTAP selection priority to its excepted service employees and who:
(i) Received a Certification of Expected Separation under part 351 of this chapter or other official agency certification indicating that the employee is surplus (for example, a notice of position abolishment, or notice of eligibility for discontinued service retirement); or
(ii) Received a RIF notice of separation under part 351 of this chapter or a notice of proposed removal under part 752 of this chapter for declining a directed geographic relocation outside the local commuting area (e.g., a directed reassignment or a change in duty station).
Vacancy means a vacant competitive service position at grade GS–15 (or equivalent) or below to be filled for a total of 121 days or more, including all extensions, regardless of whether the agency issues a specific vacancy announcement.
Cite this article: FindLaw.com - Code of Federal Regulations Title 5. Administrative Personnel § 330.602.Definitions - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-5-administrative-personnel/cfr-sect-5-330-602/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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