C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 351—REDUCTION IN FORCE › Subpart E—Retention Standing

5 C.F.R. § 351.504

Veterans' preference

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(a) Veterans' preference for both competitive and excepted service employees is applied as follows:

(1) Each preference eligible employee who has a compensable service-connected disability of 30 percent or more receives an additional 5 points added to their performance credit. These employees must be identified as being in veterans' preference Subgroup AD on the retention register.

(2) Every other preference eligible employee receives an additional 3 points added to their performance credit. These employees must be identified as being in veterans' preference Subgroup A on the retention register.

(3) Non-preference eligible employees receive 0 additional points added to their performance credit. These employees must be identified as being in veterans' preference Subgroup B on the retention register.

(b) A retired member of a uniformed service is considered a preference eligible under this part only if the member meets at least one of the conditions of the following paragraphs (b)(1), (2), or (3) of this section, except as limited by paragraph (b)(4) or (b)(5):

(1) The employee's military retirement is based on disability that either:

(i) Resulted from injury or disease received in the line of duty as a direct result of armed conflict; or

(ii) Was caused by an instrumentality of war incurred in the line of duty during a period of war as defined by 38 U.S.C. 101 and 301.

(2) The employee's retired pay from a uniformed service is not based upon 20 or more years of full-time active service, regardless of when performed but not including periods of active duty for training.

(3) The employee has been continuously employed in a position covered by this part since November 30, 1964, without a break in service of more than 30 days.

(4) An employee retired at the rank of major or above (or equivalent) is considered a preference eligible under this part if such employee is a disabled veteran as defined in 5 U.S.C. 2108(2) and meets one of the conditions covered in paragraphs (b)(1), (2), or (3) of this section.

(5) An employee who is eligible for retired pay under 10 U.S.C. chapter 67 and who retired at the rank of major or above (or equivalent) is considered a preference eligible under this part at age 60, only if such employee is a disabled veteran as defined in 5 U.S.C. 2108(2).

Notes of Decisions
Cited in 6 cases, 1985–2006 · leading case: Am. Fed'n of Gov't Employees, Afl-Cio v. Off. of Pers. Mgmt. Nat'l Treasury Employees Union v. Constance Horner, Dir., Off. of Pers. Mgmt.. Nat'l Fed'n of Fed. Employees v. Constance Horner, Dir., Off. of Pers. Mgmt., 821 F.2d 761 (D.C. Cir. 1987).
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Am. Fed'n of Gov't Employees, Afl-Cio v. Off. of Pers. Mgmt. Nat'l Treasury Employees Union v. Constance Horner, Dir., Off. of Pers. Mgmt.. Nat'l Fed'n of Fed. Employees v. Constance Horner, Dir., Off. of Pers. Mgmt., 821 F.2d 761 (D.C. Cir. 1987). · cites it 2× “A more extensive reaction was unnecessary, as it is plain the bulk of the unions' objections allege potential problems associated with the general use of performance evaluations, and not with their increased importance here.”
Romeo M. Rasing v. Dep't of the Navy, 444 F.3d 1349 (Fed. Cir. 2006). “” Part 351 states that “[a]n employee’s entitlement to additional retention service credit” in an RIF “shall be based on the employee’s three most recent ratings of record ----” 5 C.F.R. § 351.504 (b)(1). Mr. Rasing points out that his Notice of Reduction-In-Force stated that…”
Cynthia D. Veneziano v. Dep't of Energy, 189 F.3d 1363 (Fed. Cir. 1999). “5 CFR § 351.504 (a)(1). Section 351.203 defined “[a]nnual performance rating of record” as “an official performance rating under a performance appraisal system approved by OPM in accordance with 5 U.”
Am. Fed'n of Gov't Employees v. Off. of Pers. Mgmt., 618 F. Supp. 1254 (D.D.C. 1985). “5 C.F.R. § 351.504 (1984). Under § 351.-504 of the new regulations, 48 Fed.”
Am. Fed'n of Gov't Employees v. Off. of Pers. Mgmt., 821 F.2d 761 (D.C. Cir. 1987). “, 5 C.F.R. 351.504 (1984), and OPM is not required to rehash the arguments for *278 and against using such evaluations in every rulemaking.”
Mathis v. Perry, 996 F. Supp. 503 (E.D. Va. 1997). “404-05 (performance ratings remain in an employee’s files for four years, after which they must be purged and destroyed); 5 C.F.R. § 351.504 (the employee’s three most recent annual ratings of record from the four year retention period are used to calculate reduction in force…”
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