Page:United States Statutes at Large Volume 124.djvu/4594

 124 STAT. 4568 CONCURRENT RESOLUTIONS—DEC. 15, 2010 with reemployment or restoration rights. The term ‘‘reduction in force’’ does not encompass a termination or other personnel action: (1) predicated upon performance, conduct or other grounds attrib- utable to an employee, or (2) involving an employee who is employed by the employing office on a temporary basis, or (3) attributable to a change in party leadership or majority party status within the House of Congress where the employee is employed. C Reg: (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 with reemployment or restoration rights. The term ‘‘reduction in force’’ does not encompass a termination or other personnel action: (1) predicated upon performance, conduct or other grounds attrib- utable to an employee, or (2) involving an employee who is employed by the employing office on a temporary basis. (f) Undue interruption is a degree of interruption that would prevent the completion of required work by a covered employee 90 days after the employee has been placed in a different position under this part. The 90-day standard should be considered within the allowable limits of time and quality, taking into account the pressures of priorities, deadlines, and other demands. However, work generally would not be considered to be unduly interrupted if a covered employee needs more than 90 days after the reduction in force to perform the optimum quality or quantity of work. The 90-day standard may be extended if placement is made under this part to a program accorded low priority by the employing office, or to a vacant position. SEC. 1 .112. APPLICATION OF PREFERENCE IN REDUCTIONS IN FORCE. Prior to carrying out a reduction in force that will affect covered employees, employing offices shall determine which, if any, covered employees within a particular group of competing covered employees are entitled to veterans’ preference eligibility status in accordance with these regulations. In determining which covered employees will be retained, employing offices will treat veterans’ preference as the controlling factor in retention decisions among such com- peting covered employees, regardless of length of service or perform- ance, provided that the preference eligible employee’s performance has not been determined to be unacceptable. Provided, a preference eligible employee who is a ‘‘disabled veteran’’ under section 1.102(h) above who has a compensable service-connected disability of 30 percent or more and whose performance has not been determined to be unacceptable by an employing office is entitled to be retained in preference to other preference eligible employees. Provided, this section does not relieve an employing office of any greater obligation it may be subject to pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.) as applied by section 102(a)(9) of the CAA, 2 U.S.C. § 1302(a)(9). SEC. 1.113. CREDITING EXPERIENCE IN REDUCTIONS IN FORCE. In computing length of service in connection with a reduction in force, the employing office shall provide credit to preference eligible covered employees as follows: (a) a preference eligible covered employee 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;