---
kind: "section"
citation: "5 C.F.R. § 351.601"
title: "5"
number: "351.601"
heading: "Order of release from competitive level."
url: "https://uscodex.org/cfr/5/351.601"
---

# §351.601. Order of release from competitive level.

- (a) 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:
  - (1) As required under [§ 351.606](/cfr/5/351.606.md) when an employee is retained under a mandatory exception or under [§ 351.806](/cfr/5/351.806.md) when an employee is entitled to a new written notice of reduction in force; or
  - (2) As permitted under [§ 351.607](/cfr/5/351.607.md) when an employee is retained under a permissive continuing exception or under [§ 351.608](/cfr/5/351.608.md) when an employee is retained under a permissive temporary exception.
- (b) 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.
- (c) 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

[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]