ESTABLISHMENT OF A NEW REEMPLOYMENT RIGHTS PROGRAM (THE FOLLOWING POLICIES AND INSTRUCTIONS SUPERSEDE ANY CONFLICTING INSTRUCTIONS IN THE FEDERAL PERSONNEL MANUAL ON AUGUST 1,1956)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000200300006-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: September 12, 2000
• Sequence Number: 6
• Publication Date: June 27, 1956
• Content Type: REGULATION

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UNITED STATES CIVIL SERVICE COMMISSION
WASHINGTON 25, D. C.
June 27, 1956
PRI:LKG:,jmr
DEPARTMENTAL CIRCULAR NO. 869
TO HEADS OF AGENCIES AND INDEPENDENT ESTABLISHMENTS
SUBJECT: ESTABLISHMENT OF A NEW REEMPLOYMENT RIGHTS PROGRAM
(The following policies and instructions supersede any conflicting
instructions in the Federal Personnel Manual on August 1, 1956)
A.,Purpose. Departmental Circular 870 announces termination of the
system of granting reemployment rights incident to "defense transfers," ef-
fective July 31, 1956. A new reemployment rights program has been established
by revision of Part 10 of the Commission's regulations which will be more
nearly adapted to current needs and circumstances. This Circular provides
instructions for operation of the new program, effective on August 1, 1956.
Any conflicting instructions in the Federal Personnel Manual on that date
are superseded by the following material.
B. Nature of new program. The new program provides for reemployment
rights to be granted on a selective and temporary basis to the extent nec-
essary to staff essential activities during critical or emergency conditions.
Reemployment rights will not automatically attach to all movements to such
activities, but.may be offered as a recruiting inducement when necessary
services cannot be otherwise obtained.
C. Letters of Authority. The new Program provides that reemployment
rights may be offered only when a Letter of Authority has been issued covering
the organization and the specific position(s) to be filled. Letters of
Authority may be obtained from the regional or central office of the Com-
mission having recruiting jurisdiction over the positions involved, upon a
showing that the positions to be filled (1) are related to emergency situa-
tions for which usual recruiting methods are inadequate and that offers of
reemployment rights will constitute a significant and reasonable aid in
meeting the emergency situation, (2) are a part of a specific program im-
mediately essential to the national interest, and (3) are essential to the
functioning of such a program. Thus, reemployment rights are no longer
limited to purely defense or military activities, and will ordinarily be
reserved to the essential staffing of critical functions which have a direct
bearing on a program of national importance.
D. Eligibility for reemployment rights. Reemployment rights may be
offered only in conjunction with inter-agency movement of employees serving
under career or career-conditional appointment in the competitive service,
or of non-temporary employees in the excepted service. The employees must
further possess qualifications and satisfy eligibility requirements for the
positions to be filled. Reemployment rights will not be granted to any em-
ployee who ~proveFlyoiMefeasrIFZDO9%002 jba6
. 66 6 RovOZ(l43(~M
 DC 869(2)
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a position obligated for the reemployment of some other person who has re-
employment rights, (3) is serving with reemployment rights granted under a
Letter of Authority, (4) has received notice of involuntary separation, or
(5) has submitted a resignation.
E. Negotiating far reemplr3,nnt rights. Upon (1) transfer under Sec-
tion 2.501(b) of the regulations to another competitive position, or (2)
movement from an excepted to a competitive position by reinstatement under
Section 2.401 without break in service, or (3) movement from a competitive
or an excepted position to another excepted position by nontemporary
excepted appointment without break in service, reemployment rights may be
offered if such movement is to be made to a position covered by a letter of
Authority. The hiring agency must notify the losing agency at least 10
work days prior to the effective date, citing the Letter of Authority. The
losing agency must submit any appeal within 5 work days stating the grounds
upon which it believes reemployment rights should be withheld. At the same
time an appeal is sent to the Commission (with a copy of the hiring agencyts
notice), a copy of the appeal should also be sent to the prospective hiring
agency. The hiring agency must suspend action to effect the movement with
reemployment rights until the Commission has notified both agencies of its
decision on the appeal.
F. Processing personnel actions. Personnel actions providing reem-
ployment rights under this new program will be prepared showing the con-
ventional nature of action and authority for transfer, reinstatement, or
excepted appointment. In addition, a statement will, be entered under re-
marks substantially as follows: "Reemployment rights for 2 years to (agency)
granted under CS Reg. 10 and Letter of Authority dated
from (CS office)."
G. Duration and exercise of reemployment rights. (1) Reemployment
rights granted under Letters of Authority will automatically expire after two
years, unless sooner exercised or forfeited as described below. However, for
employees who serve outside the continental limits of the U. S., reemploy-
ment rights will extend for an additional period of 3 months to permit
travel.
(2) The employee may voluntarily apply to his original agency at any time
within the two year period to exercise his reemployment rights, provided he
has written consent of his current agency or has received a notice of demotion
or separation. The current employing agency will immediately notify the
agency responsible for reemployment in any instance where consent for pre-
mature exercise of reemployment rights is granted. He forfeits his reem-
ployment rights if he resigns without the consent of his current agency, or
if he has consent but does not apply for reemployment within 30 days after
separation, or if he does not apply to his original agency for reemployment
within 30 days before the expiration of his reemployment rights, or within
30 days of notice of involuntary separation, or at least 30 days prior to his
scheduled entry upon active military duty. The employee who' exercises his
reemployment rights before he is separated or furloughed for active military
duty will therefore be eligible for return to his original agency after
military duty in accordance with Part 35 of the regulations.
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DC 869(3)
H. Information For employees with reemployment rights. The agency to
which an absent employee has reemployment rights has the responsibility to
safeguard the interests of the employee who has moved to another agency
where he can better serve the national interest. However, this considera-
tion will not extend to the point of "obligating" a new or additional posi-
tion. If an agency makes personnel determinations which may have a marked
adverse effect on his reemployment situation, it should promptly inform the
person involved. Such information may have an influence on his decision to
exercise his reemployment rights.
I. Obligated positions. The former term "military and defense transfer
vacancy" is changed to "obligated position." Such positions are those
against which reemployment rights are outstanding because of an individual's
separation or furlough for active military duty with potential statutory
reemployment rights, or because of reemployment rights granted under the
new program described above. Obligated positions may not be filled on a
permanent basis except as provided in Section 2.503 of the regulations.
Assignment to such positions may be made by competitive or non-competitive
methods (including transfer) but the incumbent will remain in Group II
for reduction in force purposes until the former incumbent's right to re-
employment is satisfied or forfeited.
J. Effecting the reemployment. The employee is entitled to reemploy-
ment within 30 days of his application by the agency he left with reem-
ployment rights, in a position in the same occupational field, at the same
grade or level, and in the same geographical area as his latest position
in that agency, provided he was not separated for cause such as would re-
flect upon his suitability, and provided that if his reemployment would
cause the separation or demotion of another employee, the retention pref-
erence regulations shall be applied to determine to what, if any, position
he is entitled. The reemploying agency may reemploy the employee in a
position of higher grade than that to which he is entitled, but not if such
reemployment would cause the displacement of another employee. The reem-
ployment will be made by transfer, reinstatement, or excepted appointment,
as appropriate.
K. Employee appeals to the Commission. Any employee who has been
denied reemployment under Part 10 of the Regulations must be notified in
writing that he may appeal to the Commission within 10 days. This time may
be extended if circumstances beyond his control prevent him from appealing
within this time limit. Final decision of his right to reemployment. will
be made by the Commission.
L. Inquiries. (1) As soon as practicable, this departmental circular
will be superseded by revised Federal Personnel Manual material. Until
then, it is believed that this departmental circular will furnish sufficient
guide lines for operations under the new program.
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 DC 869(4)
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(2) Inquiries regarding thi6 circular should made to the Regulations
and Instructions Division, Bureau of Programs and Standards, Code 171, Ext.
3276, or to the appropriate regional office of the commission.
John W. Macy, Jr.
Departmental Circulars No. 861, 862, 863, 864, 865,
866, 867, and 868 were limited to Heads of agencies
only.
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