(a) Statutory authority. Chapter 43 of title 5, United States Code, provides for the establishment of agency
performance appraisal systems and requires the Office of Personnel Management (OPM)
to prescribe regulations governing such systems. The regulations in this subpart in combination with statute set forth the requirements
for agency performance appraisal system(s) and program(s) for employees covered by
subchapter I of chapter 43.
(b) Savings provision. The performance appraisal system portion of an agency's Performance Management Plan
approved by OPM as of September 22, 1995 shall constitute an approved performance
appraisal system under the regulations in this subpart until such time changes to
the system are approved. No provision of the regulations in this subpart shall be applied in such a way as
to affect any administrative proceeding related to any action taken under regulations
in this chapter pending on September 22, 1995.
(c) Equivalent ratings of record.
(1) If an agency has administratively adopted and applied the procedures of this subpart
to evaluate the performance of its employees, the ratings of record resulting from
that evaluation are considered ratings of record for reduction in force purposes.
(2) Other performance evaluations given while an employee is not covered by the provisions
of this subpart are considered ratings of record for reduction in force purposes when
the performance evaluation—
(i) Was issued as an officially designated evaluation under the employing agency's performance
(ii) Was derived from the appraisal of performance against expectations that are established
and communicated in advance and are work related, and
(iii) Identified whether the employee performed acceptably.
(3) When the performance evaluation does not include a summary level designator and pattern
comparable to those established at § 430.208(d), the agency may identify a level and pattern based on information related to the
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