A federal layoff will now rank people by performance first, and a rating of Level 5 is worth seven points
Every agency that issues a layoff notice after this rule takes effect will rank its people in a different order.
The Office of Personnel Management filed a final rule on Friday morning rewriting how the federal government decides who goes in a reduction in force. The change at the centre of it is the sequence. Retention standing is now determined first by performance, expressed as a number, then by veterans' preference added to that number, with tenure subgroup and length of service used only to break a tie. Under the framework it replaces, tenure and length of service came first.
Performance becomes points. Agencies take the three most recent ratings of record from the relevant four-year period and score them: 7 for Level 5, 5 for Level 4, 3 for Level 3, and nothing at all for Level 1 or Level 2. Veterans' preference is then added on top, 5 points for a preference eligible with a compensable service-connected disability of 30 percent or more, 3 points for other preference eligibles.
Who is no longer in the competition
The rule also shrinks the pool. Employees serving initial probationary periods, trial periods, or temporary and time-limited appointments of a year or less are not competing employees for RIF purposes, and neither are Schedule C or Schedule G employees. They can be retained, furloughed, separated, demoted or reassigned without RIF procedures at all.
Two long-standing mechanics go. The tenure groups I, II and III collapse into a competitive service tenure group and an excepted service tenure group, two subgroups each. Bump and retreat is replaced by assignment rights to a position held by someone with lower retention standing in the same tenure group, generally within three grades below, or five grades for certain veterans with a 30 percent or greater disability. Where an agency abolishes every position in a competitive area within 180 days, it can release the employees without building a retention register or applying assignment rights at all.
What OPM heard, and what it changed
Seven hundred and twenty-one unique comments arrived during the 60-day period, from serving and former federal employees, agencies, unions, veterans' groups and others. One submission came in as 100 separate entries and was counted as one commenter.
OPM writes that many objected on the ground that the rule conflicts with the statutory framework and weakens tenure, seniority and veterans' preference, and it states that it disagrees, pointing to the direction in 5 U.S.C. 3502 that it prescribe the regulations. It did move on some points. It declined to finalise a proposal giving agencies more room to run unpaid furloughs beyond 30 days. It added retention and restoration rights under the veterans' reemployment statute as a mandatory exception to the order of release. And it now requires an agency to justify a competitive area in writing, for OPM review, where that area has existed for less than 90 days before the notice or has been materially changed.
The date that matters is the date of the specific RIF notice. Notices issued before the effective date run under the old rules to the end.