Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. I would have to disagree with this answer, military retirees are not eligible for a preference for Rif but veterans with a 5 point or 10 point preference that did not retire are eligible for rif preference.
According to the OPM veterans are set in Subgroups according to thier point preference and tenure. Subgroup A for veterans without preference, Subgroup B for 5 point preference, and Subgroup C for 10 point preference which is a disabled vet.
Before these Subgroups are selected for the Rif the Civilian workforce would be selected for Rif first according to tenure then the Subgroups starting with Subgroup A. Any officer below Major that didnt retire from the military are eligible for Rif Preference only if they meet the requirements of a 5 or 10 Point Preference this also is a requirement for enlisted. If I understand the answer correctly, retired Majors or above without a disability rating are not eligible for Veterans Preference during a RIF.
Is this correct? You all need to read the fine details of the law. No retired military member is protected from RIF unless they meet one of 3 specific criteria. The common belief that all retirees below the rank of Major are protected in a RIF is incorrect. They are only protected if they meet the following:. Notice that if a retiree retired based on years of service, and not a medical consition that was a direct result of combat, then they are NOT eligible.
Save my name, email, and website in this browser for the next time I comment. For further information on these retention rights see the appropriate section of VetGuide.
When an employee in Tenure Group I or II with a minimally successful performance rating is released from a competitive level within the competitive area where the RIF takes place, he or she is entitled under certain circumstances to displace another employee with lower retention standing. The superior standing of preference eligibles gives them an advantage in being retained over other employees.
These displacement actions apply to the competitive service although an agency may, at its discretion, adopt similar provisions for its excepted employees. Bumping -- An employee may bump in the same competitive area to a position no more than three grades or grade intervals lower than the position from which the employee is released that is held by an employee in a lower group or subgroup.
Retreating -- An employee may retreat in the same competitive area to a position held by another employee with lower retention standing in the same tenure group and subgroup that is essentially identical to one previously held by the retreating employee and is no more than three grades or grade intervals lower than the position from which the employee is released.
A preference eligible with a compensable service-connected disability of 30 percent or more may retreat to a position up to five grades or grade intervals lower.
An employee with an unacceptable performance rating has no right to bump or retreat. An employee with a minimally successful performance rating may retreat only to positions held by an employee with the same or lower rating. The agency generally may not hire from most outside sources when qualified employees are on the List. In hiring from the List, preference eligibles receive preference over other employees. Excepted service employees separated by RIF receive similar priority in excepted employment.
If the employee files an Reemployment Priority List appeal, the U. Department of Labor. Search Search.
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