§ 3502. Order of retention
(a)
The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to—
(4)
efficiency or performance ratings.
In computing length of service, a competing employee—
(A)
who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces;
(B)
who is a retired member of a uniformed service is entitled to credit for—
(C)
is entitled to credit for—
(i)
service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and
(ii)
service rendered as an employee described in section
2105
(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section
2105
(c).
(b)
A preference eligible described in section
2108
(3)(C) of this title who has a compensable service-connected disability of 30 percent or more and whose performance has not been rated unacceptable under a performance appraisal system implemented under chapter
43 of this title is entitled to be retained in preference to other preference eligibles.
(c)
An employee who is entitled to retention preference and whose performance has not been rated unacceptable under a performance appraisal system implemented under chapter
43 of this title is entitled to be retained in preference to other competing employees.
(d)
(1)
Except as provided under subsection (e), an employee may not be released, due to a reduction in force, unless—
(2)
Any notice under paragraph (1)(A) shall include—
(3)
Notice under paragraph (1)(B)—
(A)
shall be given to—
(e)
(1)
Subject to paragraph (3), upon request submitted under paragraph (2), the President may, in writing, shorten the period of advance notice required under subsection (d)(1)(A) and (B), with respect to a particular reduction in force, if necessary because of circumstances not reasonably foreseeable.
(2)
A request to shorten notice periods shall be submitted to the President by the head of the agency involved, and shall indicate the reduction in force to which the request pertains, the number of days by which the agency head requests that the periods be shortened, and the reasons why the request is necessary.
(f)
(1)
The Secretary of Defense or the Secretary of a military department may—
(2)
The separation of an employee under paragraph (1)(A) shall be treated as an involuntary separation due to a reduction in force.
(3)
An employee with critical knowledge and skills (as defined by the Secretary concerned) may not participate in a voluntary separation under paragraph (1)(A) if the Secretary concerned determines that such participation would impair the performance of the mission of the Department of Defense or the military department concerned.