§ 5362. Grade retention following a change of positions or reclassification

1,153 words·~5 min read·/usc/title-5/section-5362

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(a)Any employee—

(1)who is placed as a result of reduction-in-force procedures from a position subject to this subchapter to another position which is subject to this subchapter and which is in a lower grade than the previous position, and

(2)who has served for 52 consecutive weeks or more in one or more positions subject to this subchapter at a grade or grades higher than that of the new position,

is entitled, to the extent provided in subsection

(c)of this section, to have the grade of the position held immediately before such placement be considered to be the retained grade of the employee in any position he holds for the 2-year period beginning on the date of such placement.

(1)Any employee who is in a position subject to this subchapter and whose position has been reduced in grade is entitled, to the extent provided in subsection

(c)of this section, to have the grade of such position before reduction be treated as the retained grade of such employee for the 2-year period beginning on the date of the reduction in grade.

(2)The provisions of paragraph

(1)of this subsection shall not apply with respect to any reduction in the grade of a position which had not been classified at the higher grade for a continuous period of at least one year immediately before such reduction.

(c)For the 2-year period referred to in subsections

(a)and

(b)of this section, the retained grade of an employee under such subsection

(a)or

(b)shall be treated as the grade of the employee’s position for all purposes (including pay and pay administration under this chapter and chapter 55 of this title, retirement and life insurance under chapters 83, 84, and 87 of this title, and eligibility for training and promotion under this title) except—

(1)for purposes of subsection

(a)of this section,

(2)for purposes of applying any reduction-in-force procedures, or

(3)for such other purposes as the Office of Personnel Management may provide by regulation.

(d)The foregoing provisions of this section shall cease to apply to an employee who—

(1)has a break in service of one workday or more;

(2)is demoted (determined without regard to this section) for personal cause or at the employee’s request;

(3)is placed in, or declines a reasonable offer of, a position the grade of which is equal to or higher than the retained grade; or

(4)elects in writing to have the benefits of this section terminate.

(Added Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1219; amended Pub. L. 98–615, title II, § 204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 103–89, § 3(b)(1)(K), Sept. 30, 1993, 107 Stat. 982.)

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