22 U.S.C. § 4010a — Reductions in force
submitted 32 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 189 words · no verdicts yet
This section authorizes reductions in force for certain Service appointments and lists the factors regulations must consider. It applies retirement benefits and offers a grievance or Merit Systems Protection Board route.
(a) Authorization and regulations. The Secretary may conduct reductions in force and must issue regulations for separating career and career-candidate appointees under subchapter III. The regulations must give due effect to (1) organizational changes; (2) documented knowledge, skills, or competencies; (3) length of employment; (4) documented performance; and (5) military preference, subject to title 5, section 3501(a)(3).
(b) Applicability of retirement benefits. Section 4009 applies to a career or career-candidate member separated under this section.
(c) Grievance procedure. An employee affected may choose a subchapter XI grievance or an appeal to the Merit Systems Protection Board under Board procedures. A subchapter XI grievance is limited to reprisal, interference with official duties, or similarly improper use of this section’s authority.
The Secretary may conduct reductions in force and shall prescribe regulations for the separation of members of the Service holding a career or career candidate appointment under subchapter III of this chapter, under such reductions in force which give due effect to the following:
Organizational changes.
Documented employee knowledge, skills, or competencies.
Tenure of employment.
Documented employee performance.
Military preference, subject to section 3501(a)(3) of title 5.
The provisions of section 4009 of this title shall be applicable to any member of the Service holding a career or career candidate appointment under subchapter III of this chapter, who is separated under the provisions of this section.
An employee against whom action is taken under this section may elect either to file a grievance under subchapter XI or to appeal to the Merit Systems Protection Board under procedures prescribed by the Board. Grievances under subchapter XI shall be limited to cases of reprisal, interference in the conduct of an employee’s official duties, or similarly inappropriate use of the authority of this section.
Source credit: (Pub. L. 96–465, title I, § 611, as added Pub. L. 103–236, title I, § 181(a)(2), Apr. 30, 1994, 108 Stat. 417; amended Pub. L. 103–415, § 1(ii), Oct. 25, 1994, 108 Stat. 4303.)
- 1994Enacted · Pub. L. 96-465 · 108 Stat. 417
- 1994Amended · Pub. L. 103-415 · 108 Stat. 4303
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-465 on 1994-04-30.
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