However, an agency may not pass over a preference eligible to select a lower ranking nonpreference eligible or nonpreference eligible with the same or lower score. If they served for more than 30 but less than 181 days, they may not be separated by RIF for 6 months. 101(11). But in each of these considerations, the person must have been within reach under the rule of three and a selection must have been made from that group of three. The Defense Authorization Act of Fiscal Year 1998 (Public Law 105-85) of November 18, 1997, contains a provision (section 1102 of Title XI) which accords Veterans' preference to everyone who served on active duty during the period beginning August 2, 1990, and ending January 2, 1992, provided, of course, the veteran is otherwise eligible. Are eligible veterans permitted to apply for vacancies that are open to ICTAP candidates only? 5 U.S.C. What the law did was to add an additional paragraph (C) covering Gulf War veterans to 5 U.S.C. Preference in the competitive examining process is applied consistent with the provisions for using Category Rating, or the numerical ranking process. In order to determine whether it must waive a maximum entry-age requirement, an agency must first analyze the affected position to determine whether age is essential to the performance of the position. Because there is considerable overlap in where and on what basis a complaint may be filed, a veteran should carefully consider his or her options before filing. In other words, they would qualify with a score of 65, when the minimum passing score for everyone else was a 70, and would be placed at the top of the certification list. The names of other 10-point preference eligibles, 5-point preference eligibles, and other applicants are listed in order of their numerical ratings. The SF 813 (formerly OPM 813) is used to verify the non-wartime campaigns and expeditions of military retirees and fleet reservists. 3110(e) and 5 CFR Part 310, Subpart A. The following special provisions apply to disabled veterans with a compensable service-connected disability of 30 percent or more: A public official may not advocate a relative for appointment, employment, promotion, or advancement, or appoint, employ, promote, or advance a relative, to a position in an agency in which the public official is employed or over which he or she exercises jurisdiction or control. 3309, 3313 and 5 CFR 332.401, 337.101. It provided: "That in making any reduction in force in any of the executive departments the head of such department shall retain those persons who may be equally qualified who have been honorably discharged from the military or naval service of the United States and the widows and orphans of deceased soldiers and sailors.". 5 U.S.C. Both a mother and a spouse (including widow or widower) may be entitled to preference on the basis of the same veteran's service if they both meet the requirements. Military service performed prior to an individual's Federal civilian service is not creditable for severance pay purposes. Under a separate Memorandum of Understanding (MOU) between OPM and Department of Labor, eligible veterans seeking employment who believe that an agency has not properly accorded them their Veterans' preference, failed to list jobs with State employment service offices as required by law, or failed to provide special placement consideration noted above, may file a complaint with the local Department of Labor VETS representative (located at State employment service offices). This program should meet the needs of both the agency and the employee. 3112; 5 CFR 316.302, 316.402 and 315.707. Veterans' preference is not a factor in these appointments. The Medal of Merit for meritorious service in World War II. Added were their widows and the wives of those too disabled to qualify for government employment. In enacting the Dual Compensation Act in 1964, Congress adopted a compromise between the view that retired members should receive preference and full credit for their service and the view that there should be no advantage for retired members. That proof may be an amended DD Form 214 showing the award of the Armed Forces Expeditionary Medal (AFEM) for Bosnia in the case of service members who served there and were released prior to enactment of the recent Veterans' preference amendments, or it may be other official documentation showing award of the Armed Forces Expeditionary Medal. On the other hand a Reservist who was called to active duty for a month and spent all his time at the Pentagon before being released would also be eligible. To help agencies make decisions concerning entitlement to Veterans preference and other benefits, the following list identifies those awards that are campaign and expeditionary medals. The Medal of Freedom for meritorious achievements or meritorious service to the United States on or after December 7, 1941, in the war against an enemy outside the continental limits of the United States. Subgroup AD includes each preference eligible who has a compensable service-connected disability of 30 percent or more. Are there any plans to extend Veterans' preference to any other groups of individuals who served on active duty during times of conflict that may not have served in specific theaters of operation? See Chapter 4. The agency must process a personnel action to correct the SF-50 that effected the appointment (NOA 002/Correction). This 1865 law stood as the basic preference legislation until the end of World War I. If military authorities determine that the service is necessary, the agency is required to permit the employee to go. The superior standing of preference eligibles gives them an advantage in being retained over other employees. The examining office must also give all applicants credit for job-related experience, paid and unpaid, including experience in religious, civic, welfare, service and organizational activities. 6323; Comptroller General opinions: B-227222 (11/05/78), B-211249 (09/20/83), and B-241272 (02/15/91). The agency should work with the employee and the appropriate military service record organizations to obtain this documentation as soon as possible to avoid having to "rerun" the Reduction In Force at the last minute. 5 U.S.C. Author: Published in: November 12, 2020 Published in: November 12, 2020 These medals are not a basis for preference and include the following: Global War on Terrorism Service Medal for service from September 11, 2001, to date to be determined. An employee may be charged military leave only for hours that the employee would otherwise have worked and received pay. The minimum charge to leave is 1 hour. Do the amendments made by Pub. Veterans' preference is absolute within each quality category. Share your form with others Send it via email, link, or fax. 2108(3). However, service during that time period, in and of itself, does not confer VRA eligibility on the veteran unless one of the above VRA eligibility criteria is met. (Title 38 also governs Veterans' entitlement to benefits administered by the Department of Veterans Affairs (VA).). Agencies have the right to ask for documentation showing the length and character of the employee's service and the timeliness of the application. Can we give him/her preference? The agency may convert the employee, without a break in service, to a career or career-conditional appointment at any time during the employee's temporary or term appointment. We are not aware of any plans to extend Veterans' preference to any other group of individuals. and mos., e.g. The VRA is a special authority by which agencies can, if they wish, appoint eligible veterans without competition to positions at any grade level through General Schedule (GS) 11 or equivalent. The head of the agency, or his or her designee, must determine that the skills and experience the employee possesses were acquired through performance in a non-Federal or active duty uniformed service position having duties which directly relate to the duties of the position to which he or she is being appointed and are necessary to achieve an important agency mission or performance goal. The law specifies that only those on active duty during the period beginning August 2, 1990, and ending January 2, 1992, are eligible for preference. In particular, it did not change paragraph (4) of section 2108 (the Dual Compensation Act of 1973), which severely restricts preference entitlement for retired officers at the rank of Major and above. A year later, President Harrison issued an Executive Order allowing honorably discharged veterans who were former Federal employees to be reinstated without time limit. After a RIF, separated competitive service employees in tenure groups I and II are listed on the agency's Reemployment Priority List. Disabled veterans eligible for training under the VA vocational rehabilitation program may enroll for training or work experience at an agency under the terms of an agreement between the agency and VA. An employee must waive military retired pay to receive any credit for military service unless the retired pay is awarded based on a service-connected disability incurred in combat with an enemy of the United States or caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by 38 U.S.C. Section 572 of Subtitle G of the Defense Authorization Act of Fiscal Year 1998 (Public Law 105-85), signed into law on November 18, 1997, allows the Secretary of the military department concerned to determine whether individual members who participated in Operation Joint Endeavor or Operation Joint Guard in the Republic of Bosnia and Herzegovina and in such other areas in the region as the Secretary of Defense considers appropriate, meet the individual service requirements for award of the Armed Forces Expeditionary Medal (AFEM). This act is significant for two reasons: it no longer emphasized a service-connected disability as the primary basis for granting Veterans preference, and it introduced the concept of spousal preference in the appointing process. Non-disabled veterans whose only service was performed during peacetime and the wives of non-service-connected disabled veterans over 55 years of age were no longer eligible for preference. Edit your form online Type text, add images, blackout confidential details, add comments, highlights and more. Any Armed Forces Expeditionary medal or campaign badge, including El Salvador, Lebanon, Grenada, Panama, Southwest Asia, Somalia, and Haiti, qualifies for preference. Veterans employed in civil service positions before October 1, 1982, have the option of either making a deposit to cover their military service or having their civil service annuity recomputed to delete post-1956 military service if they are eligible for social security at age 62. Agencies are responsible for adjudicating all preference claims except claims for preference based on common-law marriage, which should be sent to the Office of Personnel Management (OPM), Office of the General Counsel, 1900 E. St. NW, Washington, DC 20415. Part-time employees and employees on uncommon tours of duty are entitled to military leave pro-rated according to the number of hours in the regularly scheduled tour of duty, e.g., an employee who works 20 hours a week earns 7 days (56 hours) of military leave. The examining office must announce the competitive examining process through USAJOBS. Special provisions apply to the proposed disqualification or pass over for any reason of a preference eligible with a 30 percent or more compensable disability. Service of Merchant Marine Reservists (U.S. 5 U.S.C. Diversity, Equity, Inclusion, and Accessibility, Classifying Federal Wage System Positions, Frequently Asked Questions for Hybrid Work Environment, Federal Workforce Priorities Report (FWPR), Federal Labor-Management Information System, Recruitment, Relocation & Retention Incentives. U.S. Office of Personnel Management The Guide to Processing Personnel Actions 3. Such an employee remains subject to time-in-grade restrictions. under excepted appointment in an executive agency, the U.S. The reinstatement provision was the last significant addition to preference legislation until 1919. During the period April 28, 1952 through July 1, 1955; For more than 180 consecutive days, other than for training, any part of which occurred after January 31, 1955, and before October 15, 1976; During the Gulf War from August 2, 1990, through January 2, 1992; For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning September 11, 2001, and ending on August 31, 2010, the last day of Operation Iraqi Freedom; In a campaign or expedition for which a campaign medal has been authorized. and mos., e.g. Post a Delegated Examining Unit (DEU) "external" vacancy announcement for "all sources." When may an agency provide extra credit for non-Federal service or active duty uniformed service for the purpose of determining an employee's annual leave accrual rate? A preference eligible is listed ahead of a nonpreference eligible having the same final rating. This condition differs depending on the rank at which the individual retired from the uniformed service. This service is also referred to as MPA man-days because it is funded out of the military appropriation account (MPA), an active duty account. The period of service being credited must be included in Block 31 of the SF-50 that effects the appointment of the individual with the agency. What documentation is required from an employee to receive credit for prior non-Federal service or active duty uniformed service? Based on the above, we have determined that Federal agencies should treat man-day tours as regular active duty unless there is some clear indication on the orders that it is active duty for training. Employees should consult with their agency benefits specialists for more information.). We understand that VEOA eligibles are expected to compete with agency merit promotion eligibles under the agency's merit promotion plan. 101, is credited for reduction in force purposes for those who are not retired members, regardless of the type of discharge. War Service Creditable for Veterans Preference. Because of military downsizing, the Reserves are being used increasingly to complement the active duty component on operational missions that go beyond week-end drills and summer training. Example: If the top person on a certificate is a 10-point disabled veteran (CP or CPS) and the second and third persons are 5-point preference eligibles, the appointing authority may choose any of the three. 301, or awarded under 10 U.S.C. Please check back in the coming weeks for updates. Office of Personnel Management OPM is responsible for several broad categories such as employee recruitment and retention and oversees the overall federal workforce including managing, job announcement postings at USAJOBS.gov and setting governmentwide policies on hiring procedures. Military personnel receive many awards and decorations. Military service under the Veterans preference laws is: The use of preference in Federal appointments extends back to the days of the Revolutionary War. Credit for uniformed service is substantially limited for retired members. In evaluating experience, an examining office must credit a preference eligible's Armed Forces service as an extension of the work performed immediately prior to the service, or on the basis of the actual duties performed in the service, or as a combination of both, whichever would most benefit the preference eligible. Can an applicant claim preference based on Gulf War service after January 2, 1992? However, if an employee loses service credit for non-Federal service or active duty uniformed service because he or she fails to complete 1 full continuous year of service with the appointing agency, an agency may choose to provide credit for that period of time to the employee in the future if and when he or she is reappointed to a Federal position. OPM must approve the sufficiency of the agency's reasons to medically disqualify a 30 percent or more compensably disabled veteran for assignment to another position in a RIF. Veterans' Preference in Reduction in Force, Miscellaneous Provisions Pertaining to Veterans, Special Appointing Authorities for Veterans, Afghanistan (Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF)), OEF September 11, 2001, to present; OIF March 19, 2003, to present, Bosnia (Operations Joint Endeavor, Joint Guard, and Joint Forge) ), November 20, 1995 to December 20, 1996; December 20, 1996 to June 20, 1998; June 21, 1998 to present, Cambodia Evacuation (Operation Eagle Pull), July 14, 1960, to September 1, 1962, and November 23, to 27, 1964, Iraq (Operations Northern Watch, Desert Spring, Enduring Freedom (OEF), and Iraqi Freedom (OIF)), July 1, 1958, to November 1, 1958, and June 1, 1983, to December 1, 1987, Operations in the Libyan Area (Operation Eldorado Canyon), Persian Gulf Operation (Operation Earnest Will), Persian Gulf Operation (Operation Southern Watch), Persian Gulf Operation (Operation Vigilant Sentinel), Persian Gulf Operation (Operation Desert Thunder), Persian Gulf Operation (Operation Desert Fox), Somalia (Operations Restore Hope and United Shield), Vietnam Evacuation (Operation Frequent Wind), Kosovo Campaign Medal (KCM) & Operation Allied Force, Kosovo Campaign Medal (KCM) & Operation Joint Guardian, Kosovo Campaign Medal (KCM) & Operation Allied Harbor, Kosovo Campaign Medal (KCM) & Operation Sustain Hope/Shining Hope, Kosovo Campaign Medal (KCM) & Operation Noble Anvil, Kosovo Campaign Medal (KCM) & Task Force Hawk, Kosovo Campaign Medal (KCM) & Task Force Saber, Kosovo Campaign Medal (KCM) &Task Force Falcon, Kosovo Campaign Medal (KCM) & Task Force Hunter, Southwest Asia Service Medal (SWASM) (Operations Desert Shield and Desert Storm). The agency must provide evidence to OPM that the notice was timely sent to the disabled veteran's last known address. The repeal ends two former reductions in military retired pay that applied to some Federal employees: As a consequence of the repeal, prior exceptions and waivers to these reductions approved by OPM, or by agencies under delegated authority, are no longer needed effective October 1, 1999. A lock ( However, these amounts may be different if: In such a situation, the contribution is either the above-prescribed amount or the amount of civilian retirement deductions which would have been withheld had the individual not entered uniformed service if this amount is less than the normal deposit for military service. Service in the organized military forces of the Government of the Commonwealth of the Philippines (including recognized guerilla units) between July 26, 1941 and June 30, 1946 when the forces were in the service if the Armed Forces of the United States, is not service in the military or naval forces if the United States for preference. The agency cannot remove the VEOA eligible from either list to make a selection. The 24 month service requirement provision is found in Section 5303A of title 38, United States Code which defines the minimum active-duty service requirement for those who initially enter active duty after September 7, 1980. On October 5, 1999, President Clinton signed the National Defense Authorization Act for Fiscal Year 2000 (P.L.106-65). Those veterans who competed under agency Merit Promotion procedures are to be converted to career conditional (or career) retroactive to the date of their original appointments. 5 U.S.C. In 1892, reinstatement rights were extended to the widows and orphans of veterans. Example: If the top person on a certificate is a 10-point disabled veteran (CP or CPS), the second person is not a preference eligible, and the third person is a 5-point preference eligible, the appointing authority may choose either of the preference eligibles. Our agency already completed a Reduction In Force effective November 28, 1997. Remark codes B73, B74, and M39 (include in remark M39 the total of all periods of active duty uniformed service for which the employee is receiving credits towards the Service Computation Date for leave (SCD-Leave)) also must be included on the SF-50, as appropriate. This amendment marked the introduction of the use of preference as RIF protection. 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. Since ICTAP is open to candidates outside the agency, the law requires that VEOA eligibles be allowed to apply. The agency must process a personnel action to change the employee's SCD (Nature of Action (NOA) code 882/Change in SCD) showing the revised date in Block 31 of the SF-50. A separation under these circumstances does not affect restoration rights. This type of preference is usually referred to as "derived preference" because it is based on service of a veteran who is not able to use the preference. L. 105-339; Title 38 U.S.C. Appointments made with the advice and consent of the Senate are exempt. As defined in 5 U.S.C. 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