5 C.F.R. Subpart D—Positions Restricted to Preference Eligibles
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
Subpart D—Positions Restricted to Preference Eligibles
Source: 65 FR 52642, Aug. 30, 2000, unless otherwise noted.
§ 330.401 Competitive examination.
In each entrance examination for the positions of custodian, elevator operator, guard, and messenger (referred to in this subpart as restricted positions), OPM shall restrict competition to preference eligibles as long as preference eligibles are available.
§ 330.402 Direct recruitment.
In direct recruitment by an agency under delegated authority, the agency shall fill each restricted position by the appointment of a preference eligible as long as preference eligibles are available.
§ 330.403 Noncompetitive actions.
An agency may fill a restricted position by the appointment by noncompetitive action of a nonpreference eligible only when authorized by OPM.
§ 330.404 Displacement of preference eligibles occupying restricted positions in contracting out situations.
An individual agency and OPM both have additional responsibilities when the agency decides, in accordance with the Office of Management and Budget (OMB) Circular A–76, to contract out the work of a preference eligible who holds a restricted position. These additional responsibilities are applicable if a preference eligible holds a competitive service position that is:
(a) A restricted position as designated in 5 U.S.C. 3310 and §330.401; and
(b) In retention tenure group tenure I or II, as defined in §351.501(b) (1) and (2) of this chapter.
§ 330.405 Agency placement assistance.
An agency that separates a preference eligible from a restricted position by reduction in force under part 351 of this chapter because of a contracting out situation covered in §330.404 must, consistent with §330.602, advise the employee of the opportunity to participate in available career transition programs. The agency is also responsible for:
(a) Applying OMB's policy directives on the preference eligibles' right of first refusal for positions that are contracted out to the private sector; and
(b) Cooperating with State units as designated or created under title I of the Workforce Investment Act of 1998, to retrain displaced preference eligibles for other continuing positions.
[65 FR 52642, Aug. 30, 2000, as amended at 65 FR 64133, Oct. 26, 2000]
§ 330.406 OPM placement assistance.
OPM's responsibilities include:
(a) Assisting agencies in operating positive placement programs, such as the Career Transition Assistance Plan, which is authorized by subpart F of this part;
(b) Providing interagency selection priority through the Interagency Career Transition Assistance Plan, which is authorized by subpart G of this part; and
(c) Encouraging cooperation between local Federal activities to assist these displaced preference eligibles in applying for other Federal positions, including positions with the U.S. Postal Service.
§ 330.407 Eligibility for the Interagency Career Transition Assistance Plan.
(a) A preference eligible who is separated from a restricted position by reduction in force under part 351 of this chapter because of a contracting out situation covered in §330.404 has interagency selection priority under the Interagency Career Transition Assistance Plan, which is authorized by subpart G of this part. Section 330.704 covers the general eligibility requirements for the Interagency Career Transition Assistance Plan.
(b) A preference eligible covered by this subpart is eligible for the Interagency Career Transition Assistance Plan for 2 years following separation by reduction in force from a restricted position.
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