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 § 338.201 or family. 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 program 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, reinstate (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. Subpart D [Reserved] Subpart E-[Reserved] 351.606 361.607 Subpart F-Age Requirements 351.608 an PART 339-QUALIFICATION RE QUIREMENTS (MEDICAL) § 339.101 Medical disqualifications. (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 19541958 Comp., p. 218) [33 F.R. 12429, Sept. 4, 1968] Expiration of notice. 351.807 Status during notice period. Subpart I-Appeals and Corrective Action 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 substitute in the same pay level in the Post Office Department field service. (d) An agency authorized to administer alien employee programs under section 444 of the Foreign Service Act of 1946, as amended (22 U.S.C. 889), may include special plans for reduction in force in its alien employee programs. In these special plans an agency may give effect to the labor laws and practices of the locality of employment by supplementing the selection factors in Subparts D and E of this part to the extent consistent with the public interest. Subpart I of this part does not apply to actions taken under the special plans authorized by this paragraph. (e) This part does not apply to the termination of a temporary promotion or to the return of an employee to the position from which he was temporarily promoted 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. (f) This part does not apply to the release from his competitive level of a National Guard technician under section 709 of title 32, United States Code. [33 F.R. 12429, Sept. 4, 1968, as amended at 35 F.R. 18729, Dec. 10, 1970] (a) "Competing employee" means an employee in tenure group I, II, or III. (b) "Days" means calendar days. (c) "Function" means all or a clearly identifiable segment of an agency's mission (including all integral parts of that mission), regardless of how it is performed. (d) "Local commuting area" means the geographic area that usually constitutes one area for employment purposes. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and reasonably can be expected to travel back and forth daily in their usual employment. (e) “Obligated position" has the meaning given it in Part 300 of this chapter. (f) "Performance rating" means the current official performance rating under a performance rating plan approved by the Commission. (g) "Reorganization" means the planned elimination, addition, or redistribution of functions or duties in an organization. (h) "Representative rate" means the fourth step of the grade for a position subject to the General Schedule, the prevailing rate for a position under a wageboard or similar wage-determining procedure, and for other positions, the rate designated by the agency as representative of the position. (i) "Transfer of function" means the transfer of the performance of a continuing function from one competitive area and its addition to one or more other competitive areas, or the movement of the competitive area in which the function is performed to another commuting area. Subpart C-Transfer of Function § 351.301 Transfer of employees. Before a reduction in force is made in connection with the transfer of any or all of the functions of an agency to another continuing agency, each competing employee in a position identified with the function or functions shall be transferred to the continuing agency without change in the tenure of his employment. An employee whose position is transferred solely for liquidation, and who is not identified with an operating function specifically authorized at the time of transfer to continue in operation more than 60 days is not a competing employee for other positions in the receiving agency. Subpart D-Scope of Competition § 351.401 ing. Determining retention stand Each agency shall determine the retention standing of each competing employee on the basis of the selection factors in this subpart and in Subpart E of this part. § 351.402 Competitive area. (a) Each agency shall establish competitive areas in which employees compete for retention under this part. (b) The standard for a competitive area is that it include all or that part of an agency in which employees are assigned under a single administrative authority. A competitive area in the departmental service meets this standard when it covers a primary subdivision of an agency in the local commuting area. A competitive area in the field service meets this standard when it covers a field installation in the local commuting area. (c) An agency may establish a competitive area larger than one that meets the standard named in paragraph (b) of this section. In exceptional circumstances, and with the prior approval of the Commission, an agency may establish a competitive area smaller than one that meets the standard named in paragraph (b) of this section. (d) An agency may combine two or more competitive areas for initial competition in an enlarged competitive level or levels without correspondingly combining the areas for assignments between competitive levels. When an agency combines areas for initial com petition only, it may limit competition for assignments between competitive levels to (1) the enlarged area, (2) a single competitive area, or (3) an area larger than a single area but smaller than the enlarged area. § 351.403 Competitive level. (a) Each agency shall establish competitive levels consisting of all positions in a competitive area and in the same grade or occupational level which are sufficiently alike in qualification requirements, duties, responsibilities, pay schedules, and working conditions, so that an agency readily may assign the incumbent of any one position to any of the other positions without changing the terms of his appointment or unduly interrupting the work program. Sex may not be a basis for assigning a position to a competitive level, except for a position for which restriction of certification of eligibles by sex is found justified by the Commission. (b) Each agency shall establish separate competitive levels for competitive positions as distinguished from excepted positions. Among competitive positions and among excepted positions, each agency shall establish separate competitive levels for positions: (1) Under different pay schedules; (4) Filled on an intermittent basis. In addition, among excepted positions, each agency shall establish separate competitive levels for positions filled under different appointment authorities. § 351.404 Retention register. (a) Each agency shall establish a separate retention register from the current retention records of employees in, and employees temporarily promoted from, each competitive level affected when a competing employee is to be released from a competitive level under this part. (b) The agency shall enter on the retention register in the order of his retention standing the name of each competing employee in, and each competing employee temporarily promoted from, a competitive level (whether in duty, leave, or furlough status), except an employee on military duty with a restoration right. (c) The agency shall enter on a list apart from the retention register the name and expiration date of the appoint ment or promotion of each employee serving in a position in the competitive level under specifically limited temporary appointment or temporary promotion followed by the name of each employee serving in a position in the competitive level with a performance rating of less than "Satisfactory". Subpart E-Retention Standing § 351.501 Tenure groups and subgroups competitive service. (a) Each agency shall classify the competing employees on a retention register who occupy positions in the competitive service in the following groups and subgroups on the basis of tenure of employment and veteran preference. The descending order of retention standing: (1) By groups is group I, group II, group III; (2) Within each group is subgroup A, subgroup B; and (3) Within each subgroup begins with the earliest service date. (b) Group I includes each career employee who is not serving a probationary period. A career employee in an obligated position is in group I only when competing for positions at and below the grade in which he last served on a permanent basis. (c) Group II includes each employee serving a probationary period, each career-conditional employee, and each career employee in an obligated position. (d) Group III includes each indefinite employee, each employee serving under a temporary appointment pending establishment of register, each employee in status quo, and each employee serving under other nonstatus nontemporary appointment. (e) Subgroup A includes each preference eligible employee. (f) Subgroup B includes each nonpreference eligible employee. § 351.502 Tenure groups and subgroups-excepted service. Each agency shall classify the competing employees on a retention register who occupy positions in the excepted service by groups and subgroups that correspond to those for employees who occupy positions in the competitive service having similar tenure of employment and veteran preference, except that an employee who completes 1 year of current continuous service under a temporary appointment is in tenure group III. § 351.503 Length of service. a (a) Each agency shall establish service date for each competing employee. (b) An employee's service date is whichever of the following dates reflects his total creditable service and the performance rating credit in § 351.504: (1) his date of entrance on duty, when he has no previous creditable service; (2) the date obtained by substracting his total creditable previous service from the date he last entered on duty; or (3) the date obtained by subtracting from (1) or (2) the service equivalent allowed for a performance rating above "Satisfactory." Each agency shall adjust the service date for each employee to withhold credit for noncreditable time. Each agency shall maintain the current, correct records needed to determine the retention standing of its competing employees. The agency shall allow the inspection of its retention registers and related records by: (a) A representative of the Commission; and (b) An employee of the agency to the extent that the registers and records have a bearing on his case. The agency shall preserve intact all registers and records relating to an employee for at least 1 year from the date the employee is issued a specific notice. § 351.506 Effective date of retention standing. Except for the correction of an administrative error: (a) The retention standing of each employee released from his competitive level in the order prescribed in § 351.602 is determined as of the date he is so released. (b) The retention standing of each employee temporarily retained in his competitive level under § 351.608 is de |