§351.601. Order of release from competitive level.
5 C.F.R. § 351.601
Each agency must select competing employees for release from a competitive level (including release from a competitive level involving a pay band) under this part in the inverse order of retention standing, beginning with the employee with the lowest retention standing on the retention register. An agency may not release a competing employee from a competitive level while retaining in that level an employee with lower retention standing except:
As required under § 351.606 when an employee is retained under a mandatory exception or under § 351.806 when an employee is entitled to a new written notice of reduction in force; or
As permitted under § 351.607 when an employee is retained under a permissive continuing exception or under § 351.608 when an employee is retained under a permissive temporary exception.
At its option an agency may provide for intervening displacement within the competitive level before final release of the employee with the lowest-retention standing from the competitive level.
When employees in the same retention subgroup have identical service dates and are tied for release from a competitive level, the agency may select any tied employee for release.
Notes, amendments, and revision history
Amendments
[73 FR 29388, May 21, 2008]
Authority
Authority: 5 U.S.C. 1302, 3502, 3503; E.O. 14284, 90 FR 17729; 5 CFR 2.2(c). Sec. 351.801 also issued under E.O. 12828, 58 FR 2965. Link to an amendment published at 91 FR 49218, Aug. 3, 2026. Link to an amendment published at 91 FR 49263, Aug. 3, 2026.
Source
Source: 51 FR 319, Jan. 3, 1986, unless otherwise noted.
Amendments
[73 FR 29388, May 21, 2008]