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8-1. Introduction

Modifications include limiting competitive area to employees in the demo project and increasing the emphasis on performance in the RIF process. Retention criteria are in the following order: tenure, veterans preference, credit for performance ratings, and length of service. Current reduction in force regulations/procedures have been adjusted in the context of the occupational family and payband classification system.

  1. When demonstration project employees are facing separation or downgrade or furlough (for more than 30 calendar days or more than 22 discontinuous work days) due to lack of work, reorganization, insufficient personnel ceiling, or the exercise of re-employment/restoration rights, RIF procedures will be used.
  2. The procedures outlined in 5 CFR Part 351 and OPM RIF regulations will be followed with specific modifications listed below pertaining to competitive areas, assignment rights, credit for performance ratings and service computation date.

8-2. Competitive Areas (CAs) and Competitive Levels (CLs).

  1. The Headquarters and each subordinate activity of the MRDC will be in a separate competitive area for RIF purposes. Further, within each subordinate activity, detachments located at different geographic sites will be in a separate competitive area for RIF purposes. Each of the four occupational families will be a separate competitive area within each activity. DA Interns will continue to be part of the ACTEDS competitive area.
  2. Competitive levels will be established based on the payband, classification series, and where responsibilities are similar enough in duties, qualification requirements, pay schedules, and working conditions so that an employee may be reassigned to any of the other positions within the level without requiring significant training or causing undue interruption to the work program. Separate competitive levels will be established for positions in the competitive and excepted service; for positions filled on a full-time, part-time, intermittent, seasonal, or on-call basis; and separate levels will be established for positions filled by an employee in a formally designated trainee or developmental program.

8-3. Retention

Competing employees are listed on a retention register in the following order:

  1. By Tenure Group (group I is career employees, group II is career-conditional employees, group III is contingent employees).
  2. Within each Tenure Group, by one of three subgroups (subgroup AD is 30 percent or higher compensable veterans, subgroup A is other veterans, subgroup B is non-veterans).
  3. Credit for Performance. After group and subgroup and before length of service, a credit for performance factor will be used to determine retention superiority.
  4. Length of Service. An employee's length of service is determined by his/her Service Computation Date (SCD) which is not augmented by performance ratings.

8-4. Bump and Retreat Rights.

  1. Current RIF regulations will be modified to restrict bumping and retreating to positions within the employee's current occupational family. An employee may displace another employee within the same occupational family by bump or retreat to one band below the affected employee's current band. A preference eligible veteran with a compensable service-connected disability of 30 percent or more may retreat to positions two bands (or the equivalent of five (5) grades) below his/her current band.
  2. An employee with a current annual performance rating of "F" has assignment rights only to a position held by another employee who has an "F" rating. An employee who has received a written decision of removal because of unacceptable performance will be placed at the bottom of the retention register for his/her competitive level.

8-5. Link Between Performance and Retention.

  1. Credit for performance is given for each of the last three annual performance ratings of record, received over the last four years, for a potential credit of 30 years. Annual credits are applied as follows:
    1. Rating A adds 10 years.
    2. Rating B adds 7 years.
    3. Rating C adds 3 years.
    4. Rating F adds no credit for retention.
  2. If the employee has less than three annual performance ratings of record, performance credit will be given on the basis of either an average of ratings actually on record, or if no actual ratings, modal ratings (most common) given within the employee's competitive area. When an employee is missing a rating of record, the credit assigned for the actual ratings received will be averaged, and the results thus derived will be used as the credit for the missing rating. For an employee who has no ratings of record, all credit will be based on the repeated use of a single modal rating from the most recently completed appraisal period on record. Ratings given under systems other than the MRDC personnel demo system will be converted to the personnel demo system rating scheme and employees will be provided the equivalent rating credit. Ratings will be converted using the summary level table in 5 CFR 430.208(d)(1).
  3. An employee who has received a written decision to demote him/her to a lower payband because of unacceptable performance, competes in RIF from the position to which he/she will be/has been demoted. Employees who have been demoted for unacceptable performance, and as of the date of the issuance of the RIF notice have not received a performance rating in the position to which demoted, will receive either an average of ratings actually on record, or if no actual ratings, modal ratings (most common) given within the employee's competitive area.

8-6. Link Between Service Computation Date (Length of Service) and Retention

Service computation date (length of service) will only be used in RIF procedures when performance retention procedures result in two or more employees with the same standing. When this occurs, all creditable service (both civilian and military) will be used to determine which employee(s) will be separated.

8-7. Notice Period

The RIF notice period will follow OPM guidelines.

8-8. Grade and Pay Retention

Except where waived or modified in the waiver section of the Federal Register, grade and pay retention will follow current law and regulations (e.g. occupational family paybands will substitute for grade.)

8-9. Use of Voluntary Incentives

Subordinate activity Commanders/Directors currently have delegated authority to grant payments under the Voluntary Separation Incentive Pay (VSIP). This authority will continue under this project.