Reduction in Force Permissive Temporary Exception

SUMMARY: The Office of Personnel Management (OPM) is proposing

regulations that would give agencies broader authority to use

permissive temporary exceptions to the regular order of release in

reduction in force (RIF) competition. These proposed regulations would

assist an agency in meeting a Government obligation to an employee

(such as delaying the effective date of an employee's release by RIF

long enough to allow a full 60- or 120-day notice to the employee).

These proposed regulations would also allow an agency to consider only

subgroup standing in releasing employees during the 120-day period

immediately before an installation closes.

DATES: Written comments will be considered if received no later than

July 26, 1994.

ADDRESSES: Send or deliver written comments to: Associate Director for

Career Entry, room 6F08, Office of Personnel Management, 1900 E St.

NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT:

Thomas A. Glennon or Edward P. McHugh, (202) 606-0960; FAX (202) 606-

2329.

SUPPLEMENTARY INFORMATION: The liquidation provision is contained in

section 5 CFR 351.605. Under the current regulations, a liquidation

situation exists when an agency will abolish all positions in a

competitive area within 90 days. In separating employees by RIF, the

agency must release employees in group and subgroup order consistent

with 5 CFR 351.601(a). However, the liquidation provision permits the

agency, at its discretion, to release employees within a subgroup

regardless of the employees' relative retention standing for up to 90

days before closure of an activity. An agency may not apply this

section to release an employee who is entitled to retention in the

subgroup under section 5 CFR 351.606 because of reemployment after

military service.

We are proposing to revise section 5 CFR 351.605 to provide that

the liquidation provisions are applicable when an agency will abolish

all positions in a competitive area within 120 days. This change

conforms with section 4433 of Public Law 102-484, which provides that

employees of the Department of Defense are entitled to a minimum

specific RIF notice period of 120 days when a significant number of

employees will be separated.

The present provisions covering permissive temporary exceptions are

contained in Sec. 351.608, as revised January 22, 1993, at 58 FR 5561.

Section 351.608(b)(3) would be revised to delete the restriction that

an agency may use a permissive temporary exception for not more than 90

days to satisfy a Government obligation to the retained employee.

Present Sec. 351.608(c) would be redesignated as Sec. 351.608(d)

and present Sec. 351.608(d) would be redesignated as Sec. 351.608(e).

Section 351.608(c) would be added to provide that an agency may use a

permissive temporary exception without time limitation to satisfy a

Government obligation to the retained employee. This new section also

conforms to the longer RIF notice requirement applicable to certain

employees of the Department of Defense under section 4433 of Public Law

102-484.

E.O. 12866 Regulatory Review

This rule has been reviewed by the Office of Management and Budget

in accordance with E.O. 12866.

Regulatory Flexibility Act

I certify that this regulation will not have a significant economic

impact on a substantial number of small entities because it only

affects Federal employees.

List of Subjects in 5 CFR Part 351

Government employees.

U.S. Office of Personnel Management.

Lorraine A. Green,

Deputy Director.

Accordingly, OPM proposed to amend part 351 of title 5, Code of

Federal Regulations, as follows:

PART 351--REDUCTION IN FORCE

1. The authority citation for Part 351 continues to read as

follows:

Authority: 5 U.S.C. 1302, 3502, 3503.

2. Section 351.605 is revised to read as follows:

Sec. 351.605 Liquidation provisions.

When an agency will abolish all positions in a competitive area

within 120 days, it must release employees in group and subgroup order

consistent with Sec. 351.601(a). At its discretion, the agency may

release the employees in group order without regard to retention

standing within a subgroup, except as provided in Sec. 351.606. When an

agency releases an employee under this section, the notice to the

employee must cite this authority and give the date the liquidation

will be completed. An agency may also apply Sec. 351.607 and

Sec. 351.608 in a liquidation.

3. In Sec. 351.608, paragraphs (c) and (d) are redesignated as

paragraphs (d) and (e) respectively, paragraph (b) is revised, and

paragraph (c) is added to read as follows:

Sec. 351.608 Permissive temporary exceptions.

* * * * *

(b) Exception not to exceed 90 days. An agency may make a temporary

exception for not more than 90 days when needed to continue an activity

without undue interruption.

(c) Government obligation. An agency may make a temporary exception

to satisfy a Government obligation to the retained employee.

* * * * *

[FR Doc. 94-13075 Filed 5-26-94; 8:45 am]

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