5 C.F.R. Subpart C—Period of Competition and Eligibility
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 332—RECRUITMENT AND SELECTION THROUGH COMPETITIVE EXAMINATION
Subpart C—Period of Competition and Eligibility
General
§ 332.301 Termination of eligibility.
(a) Except as provided in paragraph (b) of this section, a person's eligibility on a register is terminated when:
(1) He accepts a career or career-conditional appointment from the register; or
(2) OPM terminates the eligibility of all persons on the register.
(b) OPM may determine that in particular types of cases eligibility may not be terminated in less than 1 year. OPM shall publish the conditions under which eligibility may not be terminated in less than 1 year.
[33 FR 12426, Sept. 4, 1968, as amended at 66 FR 66710, Dec. 27, 2001]
Acceptance of Applications After Closing Date of Examinations
§ 332.311 Quarterly examinations.
(a) A 10-point preference eligible is entitled to file an application at any time for an examination for any position for which OPM maintains a register, for which a register is about to be established, or for which a nontemporary appointment was made in the preceding three years. For the purposes of this paragraph OPM shall hold an examination not later than the quarterly period succeeding that in which the application is filed.
(b) When there is no appropriate existing register, OPM may establish special registers containing the names of eligibles from the quarterly examinations authorized by paragraph (a) of this section, together with the names of eligibles described in §332.322, and use these registers for certification to fill appropriate vacancies.
[35 FR 414, Jan. 13, 1970, as amended at 41 FR 22549, June 4, 1976]
§ 332.312 Applicants in military or overseas service.
Subject to the time limits and other conditions published by OPM in its operating manuals, the following persons are entitled to file applications for open competitive examinations after the closing date for receipt of applications when there is an existing register or a register about to be established:
(a) A person who could not file an application during the filing period, or appear for an assembled examination, because of military service, or hospitalization continuing for 1 year or less following discharge from military service;
(b) An employee of the Federal Government who, as a member of a reserve unit of the military service, could not file an application during the filing period, or appear for an assembled examination, because of active duty beyond 15 days with the military service even though the duty is designated for training purposes; and
(c) A United States citizen who could not file an application during the filing period, or appear for an assembled examination, because of overseas service with a Federal agency or with an international organization in which the United States Government participates.
[33 FR 12426, Sept. 4, 1968, as amended at 66 FR 66710, Dec. 27, 2001]
§ 332.313 Preference eligibles separated from competitive positions.
The following persons are entitled to have their names entered on an appropriate existing register in the order prescribed by §332.401 if they were last employed under career or career-conditional appointments:
(a) A preference eligible who is declared eligible therefor after appeal from furlough or discharge; and
(b) A preference eligible who has been furloughed or separated without delinquency or misconduct and who applies within 90 days after furlough or separation.
§ 332.314 [Reserved]
Restoration of Eligibility
§ 332.321 Preference eligibles who resigned from competitive positions.
A qualified preference eligible who resigned without delinquency or misconduct from career or career-conditional employment is entitled to have his name reentered on each register on which his name formerly appeared (or on a successor register) if he applies within 90 days after separation.
§ 332.322 Persons who lost eligibility because of military service.
(a) A person who lost a period of eligibility on a register because he has served on active military duty since June 30, 1950, is entitled to have his name restored to that register or a successor register when he meets the following conditions:
(1) He has not served more than four years following the date of his entrance on active military duty, exclusive of any additional service imposed pursuant to law. The date of entrance on duty means the first date between June 30, 1950, and July 1, 1971, on which he began a new period of active military duty, whether it was by original entry, reentry or extension.
(2) He is honorably separated from active military duty.
(3) He applies for restoration of eligibility within 90 days after discharge from active military duty or from hospitalization continuing for 1 year or less following separation from active military duty.
(4) He is still qualified to perform the duties of the position for which the register is used.
(b) When a person is entitled to have his name restored to a register under paragraph (a) of this section, OPM shall enter his name at the top of the appropriate group on the register if another eligible standing lower on the register on which his name formerly appeared was given a career or career-conditional appointment from that register. For professional and scientific positions in GS–9 and above and in comparable pay levels under other pay-fixing authorities, all eligibles are in one group. For all other positions, preference eligibles with a compensable service-connected disability of 10 percent or more are in one group and all other eligibles in another.
(c) When there is no appropriate existing register, OPM may establish special registers containing the names of persons entitled to priority of certification under paragraph (b) of this section, together with the names of eligibles described in §332.311, and use these registers for certification to fill appropriate vacancies.
[33 FR 12426, Sept. 4, 1968, as amended at 35 FR 414, Jan. 13, 1970]
§ 332.323 Employees separated during probation.
An employee who is separated (voluntarily or involuntarily) without delinquency or misconduct during his probationary period is entitled to have his name restored to the register of eligibles from which he was appointed, if he applies for restoration while the register is still in use.
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