U.S. Department of Justice Career Transition Assistance Plan

U. S. Department of Justice
Career Transition Assistance Plan

BACKGROUND

Purpose and Authority

This plan is in compliance with, and supplements, 5 Code of Federal Regulations (CFR) Part 330, published June 9, 1997, and President Clinton's memorandum to Agency Heads on "Career Transition Assistance for Federal Employees," dated September 12, 1995 (Appendix A). New negotiated agreements and agreements which have expired since February 29, 1996, (the effective date of the interim regulations) are subject to this Plan.

This plan is designed to help Department of Justice (DOJ) employees affected by downsizing to take charge of their own careers by providing them with the support they need to find other job offers, either with government or in the private sector. It is divided into three parts:

Component servicing personnel offices will provide information and briefing on this plan, and the provisions of 5 CFR 330, to managers, union representatives, and employees.

Effective Date and Duration

It is effective on June 30, 1997. The provisions were made permanent June 4, 2001.

Coverage

Part I of this plan (Career Transition Services) applies to all Department of Justice (DOJ) employees. Parts II and III of this plan apply only to those DOJ employees who are surplus or displaced.

Definitions

Displaced employee means: (1) a current DOJ employee serving under an appointment in the competitive service, in tenure group 1 or 2, at GS-15 or equivalent and below, who has received a specific reduction in force (RIF) separation notice or notice of proposed removal for declining a directed reassignment or transfer of function outside of the local commuting area; or (2) a current DOJ employee in the excepted service, serving on an appointment without time limit, at GS-15 or equivalent and below, who has been given noncompetitive appointment eligibility and selection priority by statute for positions in the competitive service, and who is in receipt of a reduction in force separation notice or notice of proposed removal for declining a transfer of function or directed reassignment outside of the local commuting area.

Surplus employee means: (1) a current DOJ employee serving under an appointment in the competitive service, in tenure group 1 or 2, at GS-15 or equivalent and below, who has received a certificate of expected separation or other official certification issued by DOJ indicating that the position is surplus, for example, a notice of position abolishment, or a notice stating that the employee is eligible for discontinued service retirement; or (2) a current DOJ employee serving on an excepted service appointment without time limit, at GS-15 or equivalent and below, who has been issued a certificate of expected separation or other official DOJ certification indicating that his or her position is surplus (e.g., a notice of position abolishment or a notice stating that the employee is eligible for discontinued service retirement), and who has been conferred noncompetitive appointment eligibility and special selection priority by statute for positions in the competitive service.

Eligible employee for selection priority means a DOJ employee who meets all of the following requirements :

1. Is a surplus or displaced employee (still on the DOJ rolls);
2. Has a current performance rating of record of at least fully successful or equivalent;
3. Applies for a vacancy that is at or below the grade level from which the employee may be or is being separated, that does not have a greater promotion potential than the position from which the employee may be or is being separated;
4. Occupies a position in the same local commuting area of the vacancy;
5. Files an application for a specific vacancy within the time frame established by the agency, and provides proof of eligibility;
6. Is determined by DOJ to be well-qualified for the specific vacancy.

Local commuting area means any population center and the surrounding localities in which people can reasonably be expected to travel back and forth daily.

Special selection priority means that, except for actions not covered, surplus and/or displaced employees eligible under CTAP must be selected over any other candidate for vacancies in the local commuting area for which they apply and are found well-qualified.

Vacancy means a competitive service position filled for a total of 121 days or more, including all extensions, which the DOJ is filling regardless of whether the agency issues a specific vacancy announcement.

Well-qualified employee means an eligible employee who satisfies all medical, physical, education, experience, and selective placement and quality ranking factors for the vacant position. Well-qualified employees are those who met the mid-level of the crediting plan for all factors or established cutoff scores. The well-qualified employee should be able to satisfactorily perform all duties of the position within a reasonable orientation period (e.g. 30 days).

Minimum area of consideration is the minimum area stated in the component's approved merit promotion plan plus eligible component surplus and displaced employees in the local commuting area. If the area of consideration is outside the component then the minimum area of consideration must include surplus and displaced DOJ employees in the commuting area. When the vacancy is proposed to be filled by an action that is an exception from competitive promotion procedures, but not from CTAP coverage (such as a noncompetitive reassignment of an employee between components), then the minimum area of consideration must include surplus and displaced DOJ employees in the local commuting area. All announcements in which the minimum area of consideration includes surplus and displaced DOJ employees in the local commuting area must be advertised through the DOJ Career Opportunities Bulletin or other approved Department wide announcement system. If the announcement is open to candidates outside the Department, it must be advertised on OPM's USAJOBS.

Minimum open announcement period is that stated in the approved merit promotion plan, if the vacancy is required to be advertised under competitive procedures. If the advertisement is open only to surplus and displaced employees, the minimum open period is five working days.

Component means each bureau within the Department of Justice. Collectively the offices, boards, and divisions are considered one bureau.

Part I. Career Transition Services

Transition Services Provided

Comprehensive Job Vacancy Information

Career Transition Workshops

Career Counseling

Career Assessment and Resume Preparation Software

Career Transition Library

State Dislocated Worker Unit Services

Use of Excused Absence

Use of Transition Services

Orientation on the Use of Transition Services

Retraining Services

Access by Field Offices and Employees with Disabilities

Role of the DOJ Employee Assistance Program

Part II. Department of Justice Career Transition Assistance Program

Policy

Servicing Personnel Office Responsibilities

Order of Selection

1. If the area of consideration is component wide, a well-qualified surplus/displaced employee in the component in the local commuting area must be selected over other eligible DOJ CTAP employees.
2. If the area of consideration is outside DOJ, candidates from outside DOJ cannot be selected if eligible DOJ employees apply for the vacant position. If there are eligible candidates on the DOJ RPL, they must be selected before ICTAP candidates (see Appendix B for more information on ICTAP).
3. If two or more eligible employees apply for a vacancy and are determined to be well-qualified, the order of selection priority will be (a) eligible DOJ CTAP employees who are displaced or surplus because they have received a reduction in force notice of separation or notice of proposed removal for declining a transfer of function or directed reassignment outside of the local commuting area, or certificate of expected separation or other official certification issued by the DOJ indicating that the position is surplus, or a notice stating that the employee is eligible for discontinued service retirement, then; (b) eligible DOJ CTAP employees who are surplus or displaced because of a variation granted by OPM.
4. If no eligible Federal employees apply or none is deemed well-qualified, another candidate may be selected.

Duration of Eligibility

1. The RIF separation date, the date of the employee's resignation, retirement or separation from the DOJ (including the date of separation under adverse action procedures for declining a directed reassignment or transfer of function or similar relocation to another local commuting area; or
2. Cancellation of the RIF separation notice, certificate of expected separation, notice of proposed removal for declining a directed reassignment or transfer of function outside of the commuting area, or other official DOJ certification identifying the employee as surplus; or
3. When an eligible employee receives a career, career-conditional, or excepted appointment without time limit in any agency at any grade level; or
4. When an eligible employee declines a career, career conditional, or excepted appointment (without time limit), for which the employee has applied and been rated well-qualified. Failure to reply in writing to any position offer for which the employee applied, within five calendar days of receipt will be considered a declination.

Permissible Internal Actions

1. Merit promotion actions when no eligible CTAP ( or ICTAP depending on the area of consideration ) apply;
2. Reemployment of a former DOJ employee who is exercising regulatory or statutory reemployment rights, including the reemployment of injured workers who have either been restored to earning capacity by the Office of Workers' Compensation Programs (OWCP), or who have received a notice that their compensation benefits will cease because of recovery from the disabling injury or illness (This does not include reinstatement eligibles);
3. Position changes resulting from disciplinary actions;
4. Temporary appointments of under 121 days (including all extensions);
5. Exchange of positions between or among DOJ employees, when the actions involve no increase in grade or promotion potential, i.e., job swaps, etc.;
6. Conversion of a DOJ employee who is serving on an excepted appointment which confers eligibility for noncompetitive conversion into the competitive service, (e.g., DEA agents, FBI Criminal Justice Information Services Division employees, Student Career Experience Program employees, Presidential Management Interns, and Veteran's Readjustment Appointment employees);
7. A placement action permitted by RIF regulations (5 CFR Part 351);
8. Non-competitive placement of an employee into a different position as a result of a formal reorganization, when the former position ceases to exist, and no actual vacancy results;
9. Assignments made under the Intergovernmental Personnel Act ;
10. The filling of a position through an excepted appointment;
11. Details;
12. Time-limited promotions of under 121 days (including all extensions);
13. Noncompetitive movement of surplus or displaced employees within the DOJ, and within the same local commuting area;
14. Movement of excepted service employees within DOJ;
15. A placement under 5 U.S.C. 8337 or 8451 to allow continued employment of an employee who has become unable to provide useful and efficient service in his or her current position because of a medical condition;
16. A placement that is a "reasonable offer" as defined in 5 U.S.C. 8336 (d) and 8414 (b);
17. Career ladder promotions or position changes resulting from reclassification actions (e.g., accretion of duties, or application of new classification standards;
18. Recall of seasonal or intermittent employees from nonpay status;
19. The internal placement of an injured or disabled worker to reasonably accommodate that worker;
20. An action taken pursuant to the settlement of a formal complaint, grievance, appeal, or other litigation;
21. An action taken to return an employee to his or her original or similar position during a supervisory probationary period;
22. The retention of individuals whose positions are brought into the competitive service under 316.701 or 316.702 and subsequent conversion under 315.701;
23. The retention of an employee for whom OPM has approved a rule 5.1 variation;
24. The selection of an employee from within a DOJ component within the local commuting area, after all eligible surplus and displaced applicants of that component who are eligible under CTAP within the local commuting area have been accorded selection priority;
25. The reemployment of a former DOJ employee who retired under a formal trial retirement and reemployment program, and who seeks reemployment with DOJ under the provisions, and within the program's applicable time limits;
26. Extensions of temporary or term actions, up to the full period allowed, provided that the original action, upon which the extension is based, was made on or before February 29, 1996; or for actions initially made after February 29, 1996, and the original vacancy announcement specified that the position was open to CTAP candidates and that if they were found well-qualified, would be afforded selection priority. The original announcement must have stated that an extension was possible without further announcement;
27. Noncompetitive movement of employees between agencies as a result of an interagency reorganization, interagency transfer of function, or interagency mass transfer;
28. The placement of a member of the Senior Executive Service under 5 U.S.C. 3594;
29. The voluntary transfer of employees from DOJ to another agency under a Memorandum of Understanding or similar type of agreement when both agencies and the affected employees agree to the transfer; and
30. The reassignment of an employee whose position description or other written mobility agreement provides for reassignment outside the commuting area as part of a planned rotational program within the agency ( e.g., DEA Overseas Rotational Assignments).

Qualification Review

Part III. Reemployment Priority List (RPL)

Establishment and Maintenance

Servicing Personnel Office Responsibilities

1. Commuting area in which the position is located;
2. The employee's name SSN, tenure group, title, series, grade and full performance level;
3. The employee's separation date or date of request for reemployment of a compensable injured employee;
4. Eligibility expiration date; and
5. List of titles, series, and grade levels for which the employee is qualified.

Eligibility

1. Serving under an appointment in the competitive service in tenure group 1 or 2; have received a rating above unacceptable as the last annual performance rating of record; have received a specific RIF separation notice or certification of expected separation; and have not declined a RIF assignment offer of a position with the same type of work schedule and a representative rate at least as high as that of the position from which the employee was or will be separated; or
2. A competitive service employee in tenure group 1 or 2 who is separated (or who accepts a lower graded position in lieu of separation) because of compensable injury or disability (as defined in 5 CFR Part 353) who has fully recovered more than 1 year after compensation began.

Duration of Eligibility

Removal From RPL

1. Requests removal;
2. Receives a career-conditional, or excepted appointment without time limit in any agency;
3. Declines an interview or fails to appear for a scheduled interview only if notified in advance of this requirement and the subsequent consequences.

Appeals

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