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plication, setting forth the incompetent's connection with the United States Government, giving the name of the department and bureau, must be submitted by the guardian or committee over his or her signature and address accompanied by a short certificate of the court showing the appointment and qualification of the claimant as guardian or committee. Applications for subsequently recurring payments need not be accompanied by an additional certificate of the court, but must be supported by a statement that the appointment is still in full force and effect.
§ 5.5 Certification of claims. Since the execution of a jurat will no longer be required, the old Standard Form No. 1055, when used, should be adjusted by deleting the words "being duly sworn, say" at item 1, and inserting in lieu thereof the word “certify," and the statements of the corroborating witnesses changed to “We certify that we are well acquainted with the applicant herein; that we have read the statements made by the applicant and that such statements are true to the best of our knowledge and belief."
TITLE 5-ADMINISTRATIVE PERSONNEL
CHAPTER I-CIVIL SERVICE COMMISSION
Part 1 Politics and religion. [Amended] 6 Ratings and eligibility. [Note] 7 Certification. (Note] 8 Temporary appointment. (Note] 12 Removals and reduction.
(Amended] 18 War service regulations. (Revised] 19 Classification of positions. [Re
voked] 20 War overtime pay regulations.
(Amended) 21 Regulations for the unclassified sery
ice. [Added] 22 Appeals of preference eligibles un
der the Veterans' Preference Act
of 1944. [Amended] 24 Restoration of eligibility for proba
tional certification of persons who lost opportunity for probational appointment because of entry into armed forces. (Added]
Part 25 Formal education requirements for
appointment to certain scientific, technical and professional posi
tions. [Added] 26 Regulations under the Federal Em
ployees Pay Act of 1945. [Added] 50 Schedule A: Nonclassified positions
excepted from examination under
§ 2.3 (b). (Amended] 51 Schedule B: Nonclassified positions
which may be filled upon noncompetitive examinations under
$ 2.3 (c). (Amended) 53 Retirement. [Revised) 91 Executive orders affecting the Civil
Service not otherwise covered in this chapter. (Amended)
PART 1-POLITICS AND RELIGION Sec. 1.107 Reemployment; debarment period.
(Revised] $ 1.107 Reemployment; debarment period. An employee removed for violation of $ 1.1 may be reinstated in accordance with the provisions of the civil service rules to any position for which he can qualify and other than one the salary or compensation of which is payable under the same appropriation as the position from which removed: Provided, That in all cases involving a finding that a Federal employee has engaged in prohibited political activity, the Commission shall consider the matter from a suitability standpoint and shall establish a definite period of debarment applicable to the employee for all Federal positions within the Commission's jurisdiction. (R.S. 1753, sec. 7, 22 Stat. 406, sec. 9, 53 Stat. 1148, sec. 2, 54 Stat. 767, sec. 701, 56 Stat. 181; 5 U.S.C. 631, 638, 18 U.S.C. and Sup., 61h; Civil Service Rule XVI, 5 CFR, Cum. Supp., 16.1) (Reg., Oct. 26, 1945, 10 F.R. 13861)
PART 6 RATINGS AND ELIGIBILITY Sec. 6.3 Term of eligibility. (Note)
$ 6.3 Term of eligibility. NOTE: Executive Order 8937, Nov. 7, 1941, 3 CFR Cum. Supp., as amended by Executive Order 9579, June 30, 1945, Title 3, supra, provides in part as follows:
No period of time served in the military or naval forces of the United States subsequent to May 1, 1940, shall be counted in determining the period of eligibility for appointment of those persons whose names appear on eligible registers or reemployment or replacement lists of the Civil Service Commission at the time of entering upon active military or naval service or who attain eligibility during such service: Provided, That such persons shall notify the Civil Service Commission within 90 days after termination of their service in the armed forces or of hospitalization continuing after discharge for a period of not more than one year.
CROSS REFERENCE: For regulations with respect to restoration of eligibility for probational certification of persons who lost opportunity for probational appointment because of entry into armed forces, see Part 24 of this chapter.
PART 7–CERTIFICATION CROSS REFERENCE: For regulations with respect to restoration of eligibility for probational certification of persons who lost opportunity for probational appointment because of entry into armed forces, see Part 24 of this chapter.
PART 8–TEMPORARY APPOINT
MENT Sec. 8.5 Temporary appointment made perma
nent. (Note] $ 8.5 Temporary appointment made permanent.
NOTE: Executive Order 9598, Aug. 17, 1945, Title 3, supra, provides in part as follows:
Hereafter no person shall be accorded a classified civil-service status on the basis of his name having been reached on a civilservice register unless he shall have been regularly selected for appointment from a certificate issued by the Civil Service Commission for probational appointment and shall have entered on duty pursuant to selection from such certificate, or unless (a) he shall have been appointed to a classified (competitive) position for other than temporary-job employment lasting for one year or less, (b) his appointment shall have been prior to March 16, 1942, with respect to positions generally or prior to October 23, 1943, with respect to positions in the field service of the Post Office Department, and (c) the records of the Civil Service Commission clearly show that he stood higher on an appropriate civil-service list of eligibles than another eligible who received an original probational appointment from such list.
sion, Sept. 25, 1945, effective Nov. 1, 1945, 10 F.R. 12181.
f 12.301 Extent of $$ 12.301-12.314. Sections 12.301 to 12.314, inclusive, establish degrees of retention preference and uniform rules for reductions in force. They apply to all civilian employees in the executive branch of the Federal Government, and in the municipal government of the District of Columbia, except those whose appointments are required to be approved by the Senate, and those who are appointed by the President of the United States.
$ 12.302 Definitions. For the purpose of $ $ 12.301 to 12.314, inclusive, definitions are given for words, terms, and phrases as follows:
(a) "Reduction in force" means the involuntary separation from the rolls of a department, or furlough in excess of thirty days, of one or more employees in order to reduce personnel. Reduction of personnel may have to be made because of lack of funds, personnel ceilings, reorganization, decrease of work, to make a position available for a former employee with established reemployment or restoration rights, or for other reasons. However, the term does not apply to (1) termination of temporary appointments limited to one year or less, (2) retirement of employees, or (3) separations for unsatisfactory service.
(b) "Retention groups" and "subgroups" means classes of employees entitled to the same degree of retention preference on the basis of tenure of employment and veteran preference.
(c) “Retention credits" are credits for length of service and efficiency ratings in determining retention order in each retention subgroup. They are computed by allowing one point for each full year of Federal Government service plus 5 points for "Excellent" eficiency rating.
(d) “Federal Government service" means the total of all periods of service eligible for consideration for civil service retirement purposes, without regard to whether the employee is eligible or will be eligible actualy to receive retirement benefits. All active military service is counted whether or not veteran preference is given therefor or whether it is eligible to be considered for civil service retirement purposes. Total service shall consist only of full years of creditable service, but fractions of a year shall be considered in arriving at the total.
PART 12-REMOVALS AND
RETENTION PREFERENCE REGULATIONS FOR
USE IN REDUCTIONS IN FORCE (REVISED) Sec. 12.301 Extent of $$ 12.301-12.314. 12.302 Definitions. 12.303 Retention preference; classification, 12.304 Completion of employee records. 12.305 Determination of competitive area. 12.306 Special rule relating to consolidations
and mergers. 12.307 Compilation of retention register. 12.308 Sequence of selection. 12.309 Actions. 12.310 Notice to employees. 12.311 Reports to the Commission. 12.312 Special rules on liquidation. 12.313 Appeals. 12.314 Actions disapproved by the Commis
sion. AUTHORITY: $$ 12.301 to 12.314 inclusive, Issued under sec. 12, 58 Stat. 387; 5 U.S.C. 861.
SOURCE: $8 12.301 to 12.314, inclusive, contained in Regulations, Civil Service Commis
(e) "Efficiency rating" means (1) for employees paid under the compensation schedules of the Classification Act of 1923 as amended or of Executive Order No. 6746, the current official eficiency rating under the Uniform Efficiency Rating System; and (2) for other employees the current efficiency rating under an efficiency rating system which is in general compliance with the uniform system.
Administratively adopted efficiency rating systems not in general compliance with the uniform system may be used for determining retention credits with the prior approval of the Commission.
(f) “Veteran preference employee" means an employee entitled to veteran preference under the Veterans' Preference Act of 1944.
(g) “Department” means an entire executive department, parent organization with constituent agencies, independent establishment, governmentowned or government-controlled corporation of the Federal Government, the municipal government of the District of Columbia, or any other such organization or separate governmental agency of the executive branch of the Federal Government created by Act of Congress or Executive order.
(h) "Governmental entity” means a department, bureau of a department, parent organization, constituent agency, independent establishment, entire field installation, regional office, or field station, an operating department of the municipal government of the District of Columbia, or any other such organization or separate governmental agency of the Federal Government created by Act of Congress or Executive order.
(i) "Competitive area” means a governmental entity, a combination of governmental entities, or that part of a governmental entity for which approval has been secured from the Commission, within which employees of a competitive level are considered to be in competition.
(j) “Competitive level" means all positions in the same grade of the same service, trade, or profession (although they may have different titles or different pay rates), in which interchange of personnel is feasible.
$ 12.303 Retention preference; classification. For the purpose of determining relative retention preference in reductions in force, employees shall be
classified according to tenure of employment in competitive retention groups and subgroups, as follows:
Group A: All employees who have met all requirements for indefinite retention in their present positions. With respect to positions subject to the Civil Service Act and rules, this includes all employees currently serving under absolute or probational civil service appointments or who were appointed, reappointed, transferred or promoted from absolute or probational civil service appointments to war service indefinite or trial period appointments without a break in service of thirty days or more. With respect to positions excepted from the Civil Service Act and rules, this includes all employees currently serving under appointments without time limitation.
A-1 Plus during one-year period after return to duty, as required by law.
A-1 With veteran preference unless efficiency rating is less than "Good".
A-2 Without veteran preference unless effi ciency rating is less than "Good".
A-3 With veteran preference where efficiency rating is less than "Good".
A 4 Without veteran preference where efficiency rating is less than “Good”.
Group B: All employees serving under appointments limited to the duration of the present war or for the duration of the war and not to exceed six months thereafter, or otherwise limited in time to a period in excess of one year, except those specifically covered in Groups A and C.
B-1 With veteran preference unless efficiency rating is less than “Good".
B-2 Without veteran preference unless efniciency rating is less than “Good”.
B-3 With veteran preference where efficiency rating is less than “Good".
B-4 Without veteran preference where efficiency rating is less than “Good”.
Group C: All employees serving under appointments specifically limited to one year or less, all non-citizen employees serving within the continental limits of the United States, all employees continued beyond the automatic retirement age, and all annuitants appointed under section 2 (b) of the Civil Service Retirement Act, as amended.
C-1 With veteran preference unless effciency rating is less than "Good".
C-2 Without veteran preference unless efficiency rating is less than “Good".
C-3 With veteran preference where eficiency rating is less than "Good”.
C-4 Without veteran preference where effciency rating is less than "Good”.
$ 12.304 Completion of employee records. (a) Departments and governmental entities are responsible for maintaining current records of information necessary for determining retention preference of employees.
If these records are incomplete, they shall be supplemented by written statements from employees, supported by a signed certificate substantially as follows:
I certify that the information submitted herewith true, correct, and complete to the best of my knowledge and belief.
(b) Employees who have served continuously without a break in service of thirty days or more in positions subject to the Civil Service Act and rules since before March 16, 1942 (October 23, 1943, in the field service of the Post Ofice Department):
(1) Are in Group A unless appointed under authority of Executive Order Nos. 8257, 8564, or 8458, or Civil Service Rule VIII and have not acquired a civil service status.
(2) Are in Group B if appointed under authority of Executive Order Nos. 8257, 8564, or 8458, or Civil Service Rule VIII unless they acquired a civil service status under Executive Order Nos. 8833 or 8952, or the Commission's Departmental Circular 457 or 517,' in which case they are in Group A.
(c) Employees appointed after March 16, 1942 (October 23, 1943, in the field service of the Post Office Department), initially or reappointed after a break in service of thirty days or more are in Group B unless:
(1) They are currently holding appointments definitely limited to one year or less-in which case they are in Group C.
(2) They are occupying positions excepted from the Civil Service Act and rules and not limited in duration in which case they are in Group A.
(d) Whenever a department is unable to obtain from its records or from an employee information as to his classified (competitive) civil service status or length of service necessary to establish his retention preference standing, under the above rules, the Commission, upon the receipt of a request on Standard Form No. 66, will supply the information, if available, from its records.
$ 12.305 Determination of competitive area. The area in which a reduction in force is made should be a governmental entity as defined in $ 12.303 (h).
No reduction in force affecting employees in retention groups A or B shall be made in any smaller competitive area in Washington, D. C., or vicinity, without obtaining prior approval from the Central Office of the Commission, or elsewhere without securing prior approval from the appropriate regional or branch office of the Commission. Approval will be given if the proposed competitive area is large enough to prevent the loss of highly efficient employees, to allow true competition to exist, and to protect the high retention preference of group A employees. Consideration will be given to the extent of the competitive level or levels to be affected, whether the proposed competitive area has independence of operation, work functions, and personnel administration (although policies may be established in higher department levels), whether the staff of the proposed competitive area is separately organized and clearly distinguishable from other units of the governmental entity, and whether it is within local commuting distance of other units of the governmental entity.
If there is doubt as to the size and scope of competitive areas, or if it is desired to establish competitive areas smaller than governmental entities as a standard practice for reductions in force, departments shall submit proposed plans of such competitive areas to the Central Office of the Commission.
When approved, subsequent clearance with the Commission will not be necessary unless (a) a proposed competitive area does not conform to the plan, (b) reorganization has affected the plan, or (c) there has been a change in the facts upon which the plan was originally based.
$ 12.306 Special rule relating to consolidations and mergers. Before any reduction in force is made as the result of the transfer of any or all of the functions of one department to another continuing department, all veteran preference employees and all retention group A employees assigned to any such function shall be transferred to such continuing department.
$ 12.307 Compilation of retention register. Whenever there is to be a reduction in force there shall first be determined the competitive level or levels to be affected. Each employee whose official position is in such a competitive level shall be considered in competition in his retention group in any reduction
1 Filed as part of the original document.