330.704—Eligibility.
(a)
To be eligible for the special selection priority, an individual must meet all of the following conditions:
(2)
Has a current (or a last) performance rating of record of at least fully successful or equivalent (except for those eligible under § 330.703(b)(3), (b)(4), and (b)(6) ;
(3)
Applies for a vacancy at or below the grade level from which the employee has been or is being separated, that does not have a greater promotion potential than the position from which the employee has been or is being separated;
(5)
Files an application for a specific vacancy within the time frames established by the agency, and provides proof of eligibility required under § 330.708(a)(2); and
(2)
On the date an agency certifies that it cannot place an employee eligible under § 330.703(b)(3) ;
(3)
On the date an employee eligible under § 330.703(b)(4) is notified that his or her disability annuity has been or is being terminated;
(4)
On the date the agency issues a formal notice of proposed separation to an employee for declining a transfer of function or directed reassignment outside the local commuting area; or
(5)
On the date the National Guard Bureau or Military Department certifies that an employee under § 330.703(b)(6) has retired under 5 U.S.C. 8337(h) or 8456.
(1)
1 year after separation, except for those employees separated on or after September 12, 1995, and prior to February 29, 1996. For these employees, eligibility expired February 28, 1997;
(3)
1 year after an individual under § 330.703(b)(4) receives notification that his/her disability annuity has been or will be terminated;
(4)
When the employee receives a career, career-conditional, or excepted appointment without time limit in any agency at any grade level;
(5)
When the employee no longer meets the eligibility requirements set forth in paragraph (a) of this section (e.g., the employee is no longer being separated by RIF, or under adverse action procedures for declining a transfer of function or directed reassignment outside the local commuting area, or separates by resignation or non-discontinued service retirement prior to the RIF effective date); or
(6)
At an agency's discretion, 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; or upon the failure of the applicant to respond within a reasonable period of time to an offer or official inquiry of availability.