[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13075]


[[Page Unknown]]

[Federal Register: May 27, 1994]


                                                   VOL. 59, NO. 102

                                               Friday, May 27, 1994

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 351

RIN 3206-AF63

 

Reduction in Force Permissive Temporary Exception

AGENCY: Office of Personnel Management.

ACTION: Proposed rulemaking.

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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]
BILLING CODE 6325-01-M