[Federal Register Volume 63, Number 220 (Monday, November 16, 1998)]
[Rules and Regulations]
[Page 63591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30328]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 220 / Monday, November 16, 1998 / 
Rules and Regulations  

[[Page 63591]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR PART 351

RIN 3206-AH95


Reduction in Force Offers of Vacant Positions

AGENCY: Office of Personnel Management.

ACTION: Final rulemaking.

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SUMMARY: The Office of Personnel Management is issuing final 
regulations that clarify existing policy on reduction in force offers 
of vacant positions.

DATES: These regulations are effective December 16, 1998.

FOR FURTHER INFORMATION CONTACT: Thomas A. Glennon, or Jacqueline R. 
Yeatman, 202-606-0960, FAX 202-606-2329.

SUPPLEMENTARY INFORMATION:

Background

    On May 13, 1998, OPM published proposed regulations (63 FR 26531) 
to clarify OPM policy on offers of vacant positions to employees under 
authority of OPM's part 351 reduction in force regulations.

Comments

    OPM received three comments on these proposed rules: one from an 
agency, and two from employees' union.
    The agency supported the regulation as proposed.
    One union local suggested that the final regulation specifically 
provide that agencies may also make voluntary offers of positions under 
authority other than the part 351 reduction in force regulations.
    This suggestion was not adopted as unnecessary because an agency 
always has the right to make offers of vacant positions apart from the 
reduction in force regulations (e.g., reassignment to positions at the 
same grade). In addition, agencies may make voluntary offers of lower-
graded positions in lieu of reduction in force actions. This option was 
referenced in the Supplementary Information section of the proposed 
regulations. Also, agencies may make offers of vacant positions that 
would not be permissible under the reduction in force regulations 
(e.g., offers of vacant positions in different competitive areas, or 
below the applicable grade limits for reduction in force offers of 
assignment).
    The second employees' union noted that its employees are not 
covered by title 5, United States Code, and asked whether its employees 
are administratively covered by OPM's part 351 reduction in force 
regulations.
    In a separate letter, OPM explained that coverage of these 
employees was at the option of the employing agency rather than a right 
provided to the employees under title 5, United States Code.

Final Regulations

    These final regulations revise Sec. 351.704(a)(1) to clarify 
longstanding OPM policy that an offer of assignment to a vacant 
position under authority of part 351 must be consistent with 
Secs. 351.201(b) and 351.701, including the grade limits applicable to 
bump and retreat set forth in Secs. 351.701(b)(2) and 351.701(c)(2).
    These final regulations also revise Sec. 351.704(a)(1) to clarify 
longstanding OPM policy that an agency may offer an employee assignment 
to a vacant position in lieu of separation by reduction in force under 
part 351.
    These final regulations do not affect the agency's right to make 
offers of vacant positions under other authority.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it affects 
only certain Federal employees.

List of Subjects in 5 CFR Part 351

    Administrative practice and procedure, Government employees.

    U.S. Office of Personnel Management.
Janice R. Lachance,
Director.

    Accordingly, OPM is amending 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, Section 351.801 also 
issued under E.O. 12828, 58 FR 2965.

    2. In Sec. 351.704, paragraph (a)(1) is revised to read as follows:


Sec. 351.704  Rights and prohibitions.

    (a)(1) An agency may satisfy an employee's right to assignment 
under Sec. 351.701 by assignment to a vacant position under 
Sec. 351.201(b), or by assignment under any applicable administrative 
assignment provisions of Sec. 351.705, to a position having a 
representative rate equal to that the employee would be entitled under 
Sec. 351.701. An agency may also offer an employee assignment under 
Sec. 351.201(b) to a vacant position in lieu of separation by reduction 
in force under 5 CFR part 351. Any offer of assignment under 
Sec. 351.201(b) to a vacant position must meet the requirements set 
forth under Sec. 351.701.
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[FR Doc. 98-30328 Filed 11-13-98; 8:45 am]
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