5 U.S.C. § 3595 — Reduction in force in the Senior Executive Service
submitted 45 years ago by Pub. L. 97-35 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 475 words · no verdicts yet
This section protects Senior Executive Service career appointees during agency reductions in force and provides appeal rights.
(a) An agency must create competitive procedures for deciding which career appointees are removed in a reduction in force. The procedures must make performance under chapter 43, subchapter II, the primary basis.
(b)(1) This subsection covers appointees who completed the section 3393(d) probationary period. (2) Except under paragraphs (4) and (5), such an appointee may not be removed because of an agency reduction in force. (3) An appointee who otherwise would be removed is entitled either (A) to assignment by the agency head to a vacant qualified Service position, or (B), if the agency head certifies in writing that none is available, to placement by OPM in any agency’s vacant Service position unless that agency head finds the person unqualified. OPM must take reasonable placement steps and may require agency action. (4) The appointee may be removed if not assigned under (A) and declines a reasonable offer under (B). (5) The appointee may be removed if not placed under (B) within 45 days after OPM receives the certification.
(c) The appointee may appeal to the Merit Systems Protection Board under section 7701 whether the reduction complied with subsection (a). (d) “Reduction in force” includes eliminating or changing a position because of reorganization, lack of funds, reduced work, or any other factor. (e) OPM must issue regulations giving appointees affected by a transfer of function rights comparable to those given to competing employees under section 3503.
An agency shall establish competitive procedures for determining who shall be removed from the Senior Executive Service in any reduction in force of career appointees within that agency. The competitive procedures shall be designed to assure that such determinations are primarily on the basis of performance, as determined under subchapter II of chapter 43 of this title.
This subsection applies to any career appointee who has successfully completed the probationary period prescribed under section 3393(d) of this title.
Except as provided in paragraphs (4) and (5), a career appointee may not be removed from the Senior Executive Service due to a reduction in force within an agency.
A career appointee who, but for this subsection, would be removed from the Senior Executive Service due to a reduction in force within an agency—
is entitled to be assigned by the head of that agency to a vacant Senior Executive Service position for which the career appointee is qualified; or
if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position.
The Office of Personnel Management shall take all reasonable steps to place a career appointee under subparagraph (B) and may require any agency to take any action which the Office considers necessary to carry out any such placement.
A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee declines a reasonable offer for placement in a Senior Executive Service position under paragraph (3)(B).
A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee is not placed in another Senior Executive Service position under paragraph (3)(B) within 45 days after the Office receives certification regarding that appointee under paragraph (3)(B).
A career appointee is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title whether the reduction in force complies with the competitive procedures required under subsection (a).
For purposes of this section, “reduction in force” includes the elimination or modification of a position due to a reorganization, due to a lack of funds or curtailment of work, or due to any other factor.
The Office shall prescribe regulations under which the rights accorded to a career appointee in the event of a transfer of function are comparable to the rights accorded to a competing employee under section 3503 of this title in the event of such a transfer.
Source credit: (Added Pub. L. 97–35, title XVII, § 1704(a)(1), Aug. 13, 1981, 95 Stat. 756; amended Pub. L. 97–346, § 5(a), (b), Oct. 15, 1982, 96 Stat. 1650; Pub. L. 98–615, title III, §§ 303(c), (d), 304(b), Nov. 8, 1984, 98 Stat. 3218, 3219.)
- 1981Enacted · Pub. L. 97-35 · 95 Stat. 756
- 1982Amended · Pub. L. 97-346 · 96 Stat. 1650
- 1984Amended · Pub. L. 98-615 · 98 Stat. 3218, 3219
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1981-08-13.
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