§ 333.102 Preference in temporary and term appointments outside the register. In making temporary and term appointments outside the register, an agency shall give preference to preference eligibles as follows: (a) For professional and scientific positions in GS-9 and above and in comparable pay levels under other pay-fixing authorities preference shall be given to preference eligibles without regard to type of preference. (b) For other positions, preference shall be given first to preference eligibles with compensable service-connected disability of 10 percent or more, and second to other preference eligibles. (b) "Employee” means an employee as that term is defined in section 2105 of title 5, United States Code, employed by an Executive agency and an individual employed by a State, local government, or institution of higher education, as appropriate; (c) "Executive agency" has the meaning given that term by section 105 of title 5, United States Code; (d) "Institution of higher education" means a public or private 4-year college or university or a technical or junior college; and (e) "State" and "local government" have the meanings given those terms by section 3371 of title 5, United States Code. § 334.103 Period of assignment. (a) A single assignment may not exceed 2 years, except that the head of an Executive agency, with the concurrence of the employee, may extend the period of assignment for not more than 2 additional years. (b) An assignment may be terminated before the date it is scheduled to end at the request of the Executive agency, the State, the local government, or the institution of higher education and in accordance with the agreement required by § 334.105. § 334.104 Counting a period of service. In applying the 2-year limitation in § 334.103 to successive assignments, assignments involving the same Executive agency, State, local government, or institution of higher education and employee which follow one another in less than 30 calendar days are deemed a single assignment. § 334.105 Requirement for written agreement. (a) Before an assignment is made: (1) The Executive agency and the State, local government, or institution of higher education shall enter into a written agreement which records the obligations and responsibilities of the parties as specified in the Federal Personnel Manual; and (2) The employee concurs in writing with those portions of the agreement which pertain to his obligations and responsibilities. (b) An existing agreement may be modified only as specified in the Federal Personnel Manual and with the written concurrence of the employee to those portions of the modification which pertain to his obligations and responsibilities. § 334.106 Reports required. An Executive agency which assigns an employee to or receives an employee from a State, local government, or institution of higher education in accordance with this part shall submit to the Commission such reports as the Commission may request. Sec. PART 335-PROMOTION AND INTERNAL PLACEMENT 335.101 Effect of position change on status and tenure. 335.102 Agency authority to promote, demote, or reassign. 335.103 Agency promotion programs. AUTHORITY: The provisions of this Part 335 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954-1958 Comp. p. 218. SOURCE: The provisions of this Part 335 appear at 33 F.R. 12428, Sept. 4, 1968, unless otherwise noted. Subpart A-General Provisions § 335.101 Effect of position change on status and tenure. (a) Status. A position change authorized by § 335.102 does not change the competitive status of an employee. (b) Tenure. Except as provided in paragraph (c) of this section and § 316.703 of this chapter, a position change authorized by § 335.102 does not change the tenure of an employee. (c) Exceptions. (1) A career-conditional employee who is promoted, demoted, or reassigned to a position paid under chapter 45 of title 39, United States Code, or required by law to be filled on a permanent basis becomes a career employee. (2) A career employee who is promoted, demoted, or reassigned from a position paid under chapter 45 of title 39, United States Code, or required by law to be filled on a permanent basis to a position under the career-conditional employment system becomes a careerconditional employee unless he has completed the service requirement for career tenure. (a) Promote, demote, or reassign a career or career-conditional employee or an employee serving under career executive assignment; (b) Reassign an employee serving under a temporary appointment pending establishment of a register to a position to which his original assignment could have been made by the same appointing officer from the same recruiting list under the same order of consideration; (c) Promote, demote, or reassign an employee serving under an overseas limited appointment of indefinite duration or an overseas limited term appointment to another position to which an initial appointment under § 301.201, § 301.202, or § 301.203 of this chapter is authorized; (d) Promote, demote, or reassign (1) a status quo employee and (2) an employee serving under an indefinite appointment in a competitive position, except that this authority may not be used to move an employee: (i) From a position in which an initial overseas limited appointment is authorized to another position; or (ii) To a position in which an initial overseas limited appointment is authorized from another position; and (e) Promote, demote, or reassign a term employee serving on a given project to another position within the project which the agency has been authorized to fill by term appointment. (f) (1) Except as otherwise specifically authorized by the Commission, temporarily promote an employee to meet a temporary need for a definite period of 1 year or less and extend such a promotion for a definite period not to exceed 1 additional year. At the end of the period for which the agency temporarily promoted the employee, or when the agency determines that it no longer needs the employee in the position, the agency shall return the employee to the position from which it temporarily promoted him, except when it reassigns or demotes him, without time limitation and with his consent, to a different position. The return of an employee to the position from which the agency temporarily promoted him under this subparagraph or his reassignment or demotion to a different position that is not at a lower grade or level than the position from which he was temporarily promoted is not subject to Parts 351, 752, 771 or 772 of this chapter. (2) This paragraph applies to a career, career-conditional, status quo, indefinite, or term employee and to an employee serving under a career executive assignment, an overseas limited appointment of indefinite duration, or an overseas limited term appointment. [33 F.R. 12428, Sept. 4, 1968, as amended at 35 F.R. 13075, Aug. 18, 1970] § 335.103 Agency promotion programs. Except as otherwise specifically authorized by the Commission, an agency may make promotions under § 335.102 only to positions for which the agency has adopted and is administering a program designed to insure a systematic means of selection for promotion according to merit. The promotion program shall conform with the standards and instructions of the Commission and shall include: (a) Guidelines stating how promotion plans are established and operated; and (b) Plans for the selection of employees for promotion. PART 337-EXAMINING SYSTEM § 337.101 Rating applicants. (a) The Commission shall prescribe the relative weights to be given subjects in an examination, and shall assign numerical ratings on a scale of 100. Except as provided in § 930.203 (a) of this chapter, each applicant who meets the minimum requirements for entrance to an examination and is rated 70 or more in the examination is eligible for appointment. (b) The Commission shall add to the earned numerical ratings of applicants who make a passing grade: (1) Five points for applicants who are preference eligibles under section 2108(3) (A) and (B) of title 5, United States Code; and (2) Ten points for applicants who are preference eligibles under section 2108(3) (C)-(G) of that title. (c) When experience is a factor in determining eligibility, the Commission shall credit a preference eligible with: (1) Time spent in the military service (i) as an extension of time spent in the position in which he was employed immediately before his entrance into the military service, or (ii) on the basis of actual duties performed in the military service, or (iii) as a combination of both methods. The Commission shall credit time spent in the military service according to the method that will be of most benefit to the preference eligible. (2) All valuable experience, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether pay was received therefor. (5 U.S.C. 1302, 3301, 3302, E.O. 10577; 3 CFR 1954-1958 Comp., p. 218) [33 F.R. 12428, Sept. 4, 1968] Subpart F-Age Requirements 338.601 Prohibition of maximum-age requirements. AUTHORITY: The provisions of this Part 338 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218, unless otherwise noted. SOURCE: The provisions of this Part 338 appear at 33 F.R. 12429, Sept. 4, 1968, unless otherwise noted. Subpart A-Citizenship Requirements § 338.101 Citizenship. (a) A person may be admitted to competitive examination only if he is a citizen of or owes permanent allegiance to the United States. (b) A person may be given appointment only if he is a citizen of or owes permanent allegiance to the United States. However, a noncitizen may be given (1) a limited executive assignment under section 305.509 of this chapter in the absence of qualified citizens or (2) an appointment in rare cases under section 316.601 of this chapter, unless the appointment is prohibited by statute. (c) Paragraph (b) of this section applies to reinstatement and transfer as well as to other noncompetitive appointments, and to conversion to career or career-conditional employment. Subpart B-Members-of-Family Requirement § 338.201 family. or Restriction on members of (a) When two or more members of a family are already serving under career career-conditional appointments, another member of that family, except a preference eligible, is not eligible for: (1) Career or career-conditional appointment; (2) Reinstatement; or (3) Conversion to career or careerconditional employment under Subpart G of Part 315 of this chapter. (b) The members-of-family restriction does not apply to: (1) A temporary, term, or indefinite appointment or an appointment in rare cases, under Part 316 of this chapter; (2) An overseas limited appointment under Part 301 of this chapter; or (3) A conversion from career-conditional to career employment under § 315.202 of this chapter. (5 U.S.C. 3319) § 338.202 Restriction on sons and daughters. (a) An agency (including a military department) may appoint the son or daughter of a civilian employee of that agency, or the son or daughter of a member of its uniformed service, for summer or student employment within the United States only when (1) the position is filled from a list of eligibles established under a Commission examination, (2) there is no other available eligible with the same or higher rating, and (3) the appointment is not prohibited by section 3110 of title 5, United States Code, or Part 310 of this chapter relating to the employment of relatives. (b) Paragraph (a) of this section does not apply to the appointment of persons (1) who are eligible for placement assistance under the Commission's Displaced Employee (DE) Program, or (2) who are employed to meet urgent needs resulting from an emergency posing an immediate threat to life or property. Paragraph (a) does not apply to student employment of persons who are members of families which are eligible to receive financial assistance under a public welfare pro gram or the total income of which in relation to family size does not exceed limits established by the Commission and published in the Federal Personnel Manual. (c) In this section "summer employment" means any employment beginning after May 12 which will end before October 1 of the same year. “Student employment" means the employment of persons who are enrolled or who have been accepted for enrollment, on a substantially full-time basis, as resident students of a secondary school or of an institution of higher learning; a resident student, for this purpose, is a student in actual physical attendance at a school, as distinguished from a correspondence student. [33 F.R. 12429, Sept. 4, 1969, as amended at 34 F.R. 8151, May 24, 1969] Subpart C-Apportionment and (a) Except as provided in paragraph (c) of this section, the Commission shall certify for career or career-conditional appointment in agency headquarters offices in the metropolitan area of Washington, D.C., so as to maintain the apportionment of appointments among the States, territories, and possessions of the United States, and the District of Columbia on the basis of population. (b) Except as provided in paragraph (c) of this section, apportionment applies to the career and career-conditional employment in agency headquarters offices, in the metropolitan area of Washington, D.C., by promotion, demotion, reassignment, transfer, reinstatement appointment under § 315.601 of this chapter or conversion under § 315.703 of this chapter. (1) Preference eligible. (2) Temporary, term, or indefinite appointment or an appointment in rare cases, under Part 316 of this chapter. (3) A person, position, agency, or employment which the Commission excepts from the apportionment requirement in the interest of good administration. The Commission shall publish in the Federal Personnel Manual (i) a list of the agencies and positions excepted from apportionment and (ii) the conditions under which persons or employments are excepted from apportionment.* Liquidation provisions. 351.606 Mandatory exceptions. 361.607 351.608 351.701 Permissive continuing exceptions. Permissive temporary exceptions. Subpart G-Assignment Rights Qualifications for assignment. 351.702 Exception to qualifications. 351.703 Assignment involving displacement. 351.704 Rights and prohibitions. 351.705 351.801 351.802 351.803 Administrative assignment. Subpart H-Notice to Employee Notice period. Content of notice. General and specific notices. 351.804 Content of general notice. 351.805 351.806 Expiration of notice. 351.807 Status during notice period. Subpart I-Appeals and Corrective Action 351.901 Initial appeals. 351.902 Agency action when Commission 351.903 Subpart recommends corrective action. Correction by agency. J-Establishment and Maintenance of 351.1001 Establishment of list. AUTHORITY: The provisions of this Part 351 issued under 5 U.S.C. 1302, 3502, unless otherwise noted. SOURCE: The provisions of this Part 351 appear at 33 F.R. 12429, Sept. 4, 1968, unless otherwise noted. Subpart A-[Reserved] Subpart B-General Provisions § 351.201 Use of regulations. (a) Each agency shall follow this part when it releases a competing employee from his competitive level by separation, demotion, furlough for more than 30 days, or reassignment requiring displacement, when the release is required because of lack of work, shortage of funds, reorganization, reclassification due to change in duties, or the exercise of reemployment rights or restoration rights. (b) This part does not require an agency to fill a vacant position. However, when an agency, in its discretion, chooses to fill a vacancy by an employee who has been reached for release from his competitive level for one of the reasons named in paragraph (a) of this section, this part shall be followed. (c) This part does not apply to the change of an employee from regular to |