TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
SUBCHAPTER B--CIVIL SERVICE REGULATIONS
PART 352--REEMPLOYMENT RIGHTS--Table of
Subpart H--Reemployment Rights Under the
Taiwan Relations Act
Sec. 352.801 Purpose.
Authority: 22 U.S.C. 3310; E.O. 12143, 44 FR 37191;
Section 352.807 also issued under 22 U.S.C. 3310; E.O. 12143, 45 FR 37452.
This subpart governs reemployment rights authorized by
section 11(a) (1) and (2) of the Taiwan Relations Act (Pub. L. 96-8) after service in the
American Institute in Taiwan (AIT) under the Act.
Sec. 352.802 Definitions.
For the purposes of this subpart: Act refers to Taiwan
Relations Act (Pub. L. 96-8). Competitive area is the same as defined in Sec. 351.402 of
this title; Institute means the American Institute in Taiwan. Specified period of service
shall be a period of not more than 6 years.
Sec. 352.803 Basic entitlement to
reemployment rights on leaving Federal employment.
(a) This subpart applies to all executive agencies as
defined in section 105 of title 5, United States Code, the U.S. Postal Service, the Postal
Rate Commission, and to the employees thereof, and to those positions in the competitive
civil service and the employees occupying those positions.
(b) The agency must give employees entitled to
reemployment rights under this subpart written notice of these rights at the time of their
(c) Employees entitled. The following employees or former
employees are granted reemployment rights subject to the conditions of this subpart, if
they leave their Federal employment to be employed (on the date of incorporation of AIT or
within 30 calendar days following separation from their agency) by the Institute for a
specified period of service. (1) An employee serving in a competitive position under a
career or career-conditional appointment; (2) A non-temporary excepted service employee;
or (3) An employee serving under a career appointment in the Senior Executive Service.
(d) Employees not entitled. The following employees are
not entitled to reemployment rights under this subpart: (1) An employee who has received a
notice of involuntary separation because of reduction in force, or other cause, not
directly related to employment with the Institute under the Act; (2) An employee whose
resignation has been accepted for reasons other than to accept employment with the
Institute under this subpart; (3) An employee serving under a Schedule C excepted
appointment; or (4) An employee serving under a noncareer, limited emergency, or limited
term appointment in the Senior Executive Service. [46 FR 8433, Jan. 27, 1981, as amended
at 57 FR 10124, Mar. 24, 1992]
Sec. 352.804 Maximum period of
entitlement to reemployment.
Entitlement to reemployment terminates at the end of 6
years and 30 days, following the date employment commences in the Institute unless
exercised or otherwise terminated before that time as provided in this subpart.
Sec. 352.805 Position to which entitled
(a) Basic position entitlement. (1) On reemployment, an
employee is entitled to be appointed to a position in the employee's former or successor
agency in the following order: (i) To the position last held in the former agency: (A) If
that position has been identified for transfer to a different agency, reemployment rights
must be exercised with the gaining agency. (B) If that position has been reclassified, the
employee should be placed in the reclassified position; (ii) A position in the same
competitive level; or (iii) Another position for which otherwise qualified at the same
grade or level and in the same competitive area. (2) The employing agency determines under
paragraph (a)(1) of this section the position to which the employee is entitled.
Reduction-in- force procedures shall be applied when necessary in determining the position
to which the employee has a right. In applying reduction-in- force procedures, the
applicant shall be considered an employee of the agency. [[Page 273]] (3) Extending the
area. Responsibility for reemploying an applicant is agencywide. If the applicant is not
placed under paragraph (a)(1) of this section, the agency must extend reemployment rights,
based on the agency's need, for assignment outside the competitive area. The employee is
entitled to a position, for which qualified and eligible, at the same grade or level as
the position last held in the agency. Where necessary, reduction-in-force procedures shall
be applied in determining the position to which the employee has a right. The applicant
shall be considered an employee for the purpose of applying the reduction-in- force
procedures. (b) Employee option. Before the competitive area is extended under paragraph
(a)(3) of this section, an employee who cannot be placed under paragraph (a)(1) of this
section in the same competitive area at the grade or level as the position last held, is
entitled, if the employee elects, to reemployment in a position at a lower grade or level
identified under the same conditions and procedures as paragraph (a)(1) of this section.
(c) Agency option. At any stage in the process, the agency has the option to satisfy the
employee's right to reemployment by offering a vacant position which, under
reduction-in-force regulations, is in accord with the employee's rights. Also, with the
employee's consent, right to reemployment can be met by placement in a vacant position,
for which the employee is qualified according to agency determination and need, outside
the organizational or geographic area of entitlement, either at the appropriate grade or
at a grade other than the one to which entitled. (d) Basic position entitlement in the
Senior Executive Service. (1) On reemployment, an employee (who meets the requirements to
Sec. 352.803(c)(3)) is entitled to be given a career appointment in the Senior Executive
Service the employee's former or successor agency. (2) The employee may be assigned to any
position in the Senior Executive Service for which he/she meets the qualifications
requirements. (3) The employee may elect to accept reemployment in a position outside the
Senior Executive Service. Such placement would be subject to the provisions of paragraphs
(b) and (c) of this section.
Sec. 352.806 Return to Federal
(a) Conditions: Reemployment rights may be exercised only
under the following conditions. The employees must apply in writing to their former or
successor agency: (1) No less that 30 calendar days before completion of the specified
period of service with the Institute; or (2) No more than 30 calendar days after
involuntary separation from the Institute; or (3) No more than 30 calendar days after
separation based on personal hardship or other special circumstances with the consent of
Institute and former employing agency. (b) An agency must act on the former employee's
request for reemployment within 30 calendar days of receipt thereof, i.e., the agency must
provide the employee with a written notice stating the agency's decision whether to
reemploy and the position being offered, if the employee is to be reemployed. (c)
Termination of reemployment rights. A former employee's entitlement to reemployment
terminates for: (1) Failure to apply, except for good cause shown, for reemployment within
the time limits stated in paragraph (a) of this section; (2) Resignation from the
Institute without the consent of the Institute or the former employing agency; or (3)
Failure to accept, within 15 workdays of receipt thereof, an offer of reemployment under
Sec. 352.803 which is determined to be a proper offer of reemployment by the employing
agency and by Merit Systems Protection Board (MSPB), if appealed.
Sec. 352.807 Appeals.
An employee may appeal to MSPB, under the provisions of
the Board's regulations, an agency's decision on his or her request for reemployment which
he or she believes is in violation of this subpart. [[Page 274]]