Page:United States Statutes at Large Volume 124.djvu/4593

 124 STAT. 4567 CONCURRENT RESOLUTIONS—DEC. 15, 2010 SEC. 1.111. DEFINITIONS APPLICABLE IN REDUCTIONS IN FORCE. (a) Competing covered employees are the covered employees within a particular position or job classification, at or within a particular competitive area, as those terms are defined below. (b) Competitive area is that portion of the employing office’s organizational structure, as determined by the employing office, in which covered employees compete for retention. A competitive area must be defined solely in terms of the employing office’s organizational unit(s) and geographical location, and it must include all employees within the competitive area so defined. A competitive area may consist of all or part of an employing office. The minimum competitive area is a department or subdivision of the employing office within the local commuting area. (c) Position classifications or job classifications are determined by the employing office, and shall refer to all covered positions within a competitive area that are in the same grade, occupational level or classification, and which are similar enough in duties, qualification requirements, pay schedules, tenure (type of appoint- ment) and working conditions so that an employing office may reassign the incumbent of one position to any of the other positions in the position classification without undue interruption. (d) Preference Eligibles. For the purpose of applying veterans’ preference in reductions in force, except with respect to the applica- tion of section 1.114 of these regulations regarding the waiver of physical requirements, the following shall apply: (1) ‘‘active service’’ has the meaning given it by section 101 of title 37; (2) ‘‘a retired member of a uniformed service’’ means a member or former member of a uniformed service who is enti- tled, under statute, to retired, retirement, or retainer pay on account of his/her service as such a member; and (3) a preference eligible covered employee who is a retired member of a uniformed service is considered a preference eligible only if (A) his/her retirement was based on disability— (i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (ii) caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by sections 101 and 1101 of title 38; (B) his/her service does not include twenty or more years of full-time active service, regardless of when per- formed but not including periods of active duty for training; or (C) on November 30, 1964, he/she was employed in a position to which this subchapter applies and thereafter he/she continued to be so employed without a break in service of more than 30 days. The definition of ‘‘preference eligible’’ as set forth in 5 U.S .C § 2108 and section 1.102(o) of these regulations shall apply to waivers of physical requirements in determining an employee’s qualifications for retention under section 1.114 of these regulations. H&S Regs: (e) Reduction in force is any termination of a covered employee’s employment or the reduction in pay and/or position grade of a covered employee for more than 30 days and that may be required for budgetary or workload reasons, changes resulting from reorganization, or the need to make room for an employee