Reduction in Force (RIF): A Guide to Reemployment Priority Lists

Message boards across the federal cyber world are buzzing with concerned sentiments around deferred resignation and what may follow in the form of official Reductions in Forces (RIF) and outright terminations.

In the event of a RIF, there is an important feature to understand and use if you have a desire to return to federal service at some point. Per the Code of Federal Regulations, any agency deploying a RIF must also establish and maintain a Reemployment Priority List.

“What’s a Reemployment Priority List?” you may ask…

Per the OPM website:
The Reemployment Priority List (RPL) is a list an agency uses to give reemployment priority to any career and career-conditional competitive service employees the agency separated by reduction in force (RIF) or due to compensable injury.  In accordance with 5 CFR 330.204(a), each agency must establish an RPL for each local commuting area where competitive service employees have either been separated by RIF or have recovered from work-related injury.  In accordance with 5 CFR 330.207(a), RPL registration is limited to the local commuting area in which the eligible was, or will be, separated.

For our purposes, we will focus on the RIF portion of the code.

• The Reemployment Priority List (RPL) is a statutory placement program administered under the provisions of 5 CFR Part 330, Subpart B.
• Pursuant to this program, your agency is required to give reemployment consideration to its competitive service employees separated by reduction in force (RIF)
• Every Federal agency or department must maintain an RPL for each commuting area.

Are you eligible for the RPL?

To be eligible for the RPL, you must be affected in a RIF as competitive service employee in tenure group I or II and must have received a rating above unacceptable as the last annual performance rating or record.

You will be ineligible if you declined an offer under RIF with the same type of work schedule and pay as the position from which the employee has been, or will be, separated.

Tenure group 1 is composed of career employees who are eligible for the RPL for 2 years from the date entered on RPL; tenure group II comprises career-conditional employees who are eligible for only 1 year.

Further, it is important to note that each tenure group has sub-groups based on veteran’s preference. Subgroup 1  is AD, a veteran who has a compensable service-connected disability of 30 percent or more. Subgroup 2 is first veteran preference eligible but the individual is not in subgroup AD, and the finally there is3, employees not entitled at all to veteran preference.

Examples of tenure groups 1 and two would include:  Tenure Group I – Permanent employees whose Excepted Appointments are without limitation or do not require serving a trial period.  Tenure Group II – Employees who are serving trial periods, or whose tenure is conditional for the first three years after non-temporary appointment.

So, if you are one of these groups, how do you enter the list?

To be added to  the RPL,  you must complete an application and submit it to your agency or mission area servicing personnel office. The application must include your  grade, occupation, and work schedule acceptable to you. Then your mission area or agency servicing personnel office must submit the eligible employee’s application within 10 calendar days to register on the Department’s RPL.

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When can you submit your application for the RPL?

Remember you must apply to be placed on the RPL as soon as specific notice of RIF separation is issued or a Certification of Expected Separation is issued. So, you must submit your application within 30 calendar days after your RIF separation date or lose entitlement to be placed on RPL. (Only feds who are actually separated by RIF are eligible for the RPL, although you can register as soon as the specific RIF notice or certification is issued.)

Are there limitations on the positions for which you may register under and RPL?

If you are or will be, separated by RIF, you are entitled to consideration for positions in the commuting area for which you are basically qualified and available that are  (1) At no higher grade (or equivalent), (2) have no greater promotion potential than the position from which you were RIF’d, and (3) have the same type of work schedule.

You are also entitled to consideration for any higher grade previously held on a non-temporary basis in the competitive service from which you were demoted under reduction in force.

What qualification requirements must you meet as an RPL registrant?

You must basically be qualified for the position. This means you need tot meet the Office of Personnel Management (OPM) established qualification standards and requirements for the position.  This will include any minimum educational requirements and any established selective placement factors. In addition, you must be physically qualified, with reasonable accommodation where appropriate, to perform the duties of the position.

How can you lose RPL eligibility?

There are a couple ways your eligibility can terminate:

• You decline a RIF offer of assignment at the same grade (per 5 CFR 330.203 (a)(4)).
• You subsequently resign, retire or separate from your agency
• You request removal from RPL in writing
• You accept a career or career-conditional position
• Your employee separation date on the RPL has expired.

Make no mistake, we know RIFs are stressful and even painful.  Having years of dedicated service come to an end is not how anyone wants their career to proceed. It does not, however, need to mean the end of federal service.

The team at Serving Those Who Seve has over four decades of experience helping federal government employees learn about their benefits and plan for the future. Our complimentary webinar series is a great to way get educated about your benefits as a Fed. If you’d like to take your planning one step further with a 1-on-1 consultation with one of our qualified federal employee benefits advisors, reach out to us at [email protected].

Know the rules.  Know your rights.  Know the RPL.

 

Written by Dan Sipe. The information has been obtained from sources considered reliable but we do not guarantee that the foregoing material is accurate or complete. Any opinions are those of the author and not necessarily those of RJFS or Raymond James. Any information is not a complete summary or statement of all available data necessary for making an investment decision and does not constitute a recommendation. Investing involves risk and you may incur a profit or loss regardless of strategy suggested. Every investor’s situation is unique and you should consider your investment goals, risk tolerance, and time horizon before making any investment or financial decision. Prior to making an investment decision, please consult with your financial advisor about your individual situation. While we are familiar with the tax provisions of the issues presented herein, as Financial Advisors of RJFS, we are not qualified to render advice on tax or legal matters. You should discuss tax or legal matters with the appropriate professional.

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