§ 330.702 Definitions

5 CFR 330.702In this subpart:

5 CFR 330.702 (definition of "Agency")Agency means an Executive agency as defined in 5 U.S.C. 105.

5 CFR 330.702 (definition of "Displaced")Displaced describes an individual in one of the following categories:

5 CFR 330.702 (definition of "Displaced", paragraph (1))(1) A current competitive service employee of any agency in the competitive service tenure group at grade GS-15 (or equivalent) or below (or another qualifying competitive service appointment, as determined by OPM) whose current performance rating of record is at least fully successful (Level 3) or equivalent and who:

5 CFR 330.702 (definition of "Displaced", paragraph (1)(i))(i) Received a reduction in force (RIF) separation notice under part 351 of this chapter and has not declined an offer under part 351, subpart G, of this chapter of a position with the same type of work schedule and a representative rate at least as high as that of the position from which the employee will be separated; or

5 CFR 330.702 (definition of "Displaced", paragraph (1)(ii))(ii) Received a notice of proposed removal under part 752 of this chapter for declining a directed geographic relocation outside the local commuting area (e.g., a directed reassignment or a change in duty station).

5 CFR 330.702 (definition of "Displaced", paragraph (2))(2) A former competitive service employee of any agency who was in the competitive service tenure group at grade GS-15 (or equivalent) or below (or another qualifying competitive service appointment, as determined by OPM), and whose last performance rating of record was at least fully successful (Level 3) or equivalent who was either:

5 CFR 330.702 (definition of "Displaced", paragraph (2)(i))(i) Separated by RIF under part 351 of this chapter and did not decline an offer under part 351, subpart G, of this chapter of a position with the same type of work schedule and a representative rate at least as high as that of the position from which the employee was separated; or

5 CFR 330.702 (definition of "Displaced", paragraph (2)(ii))(ii) Removed under part 752 of this chapter for declining a directed geographic relocation outside the local commuting area (e.g., a directed reassignment or a change in duty station).

5 CFR 330.702 (definition of "Displaced", paragraph (3))(3) A former career or career-conditional employee of any agency who was separated because of a compensable work-related injury or illness as provided under 5 U.S.C. chapter 81, subchapter I, whose compensation was terminated and who has received certification from the former employing agency that it is unable to place the employee as required by part 353 of this chapter.

5 CFR 330.702 (definition of "Displaced", paragraph (4))(4) A former competitive service employee of any agency who was in the competitive service tenure group (or another qualifying competitive service appointment, as determined by OPM) who retired with a disability annuity under 5 U.S.C. 8337 or 8451 and who has received notification from OPM that the disability annuity has been or will be terminated.

5 CFR 330.702 (definition of "Displaced", paragraph (5))(5) A former Military Reserve Technician or National Guard Technician receiving a special disability retirement annuity under 5 U.S.C. 8337(h) or 8456 and who has certification of such annuity from the military department or National Guard Bureau.

5 CFR 330.702 (definition of "Displaced", paragraph (6))(6) A current or former excepted service employee on an appointment without time limit at grade GS-15 (or equivalent) or below whose current or last performance rating of record is or was at least fully successful (Level 3) or equivalent and who:

5 CFR 330.702 (definition of "Displaced", paragraph (6)(i))(i) Has been provided by law with both noncompetitive appointment eligibility and selection priority for competitive service positions; and

5 CFR 330.702 (definition of "Displaced", paragraph (6)(ii))(ii) Has received a RIF separation notice under part 351 of this chapter or notice of proposed removal under part 752 of this chapter for declining a directed geographic relocation outside the local commuting area (e.g., a directed reassignment or a change in duty station) or has been separated by RIF procedures or removed for declining a geographic relocation outside the local commuting area.

5 CFR 330.702 (definition of "ICTAP eligible")ICTAP eligible means an individual who meets the definition of displaced. As used in this subpart, “ICTAP eligible” and “eligible” are synonymous.

5 CFR 330.702 (definition of "ICTAP selection priority candidate")ICTAP selection priority candidate means an ICTAP eligible who applied for a vacancy, was determined by the agency to be well-qualified for that vacancy, and who the agency must select over any other candidate from outside the agency's current competitive service workforce for the vacancy, unless the action to be taken is listed as an exception under § 330.707.

5 CFR 330.702 (definition of "Vacancy")Vacancy means a vacant competitive service position at grade GS-15 (or equivalent) or below to be filled for 121 days or more, including extensions.