TERMINATION OF REEMPLOYMENT RIGHTS ACQUIRED BY DEFENSE TRANSFER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000200300008-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: September 12, 2000
• Sequence Number: 8
• Publication Date: June 27, 1956
• Content Type: MEMO

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UNITED STATES CIVIL SERVICE COMMISSION
WASHINGTON 25, D. C.
June 27, 1956
PRI:SCS:jmr
DEPARTMENTAL CIRCULAR NO. 870
TO HEADS OF DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS
SUBJECT: Termination of Reemployment Rights Acquired by Defense Transfer
A. Purpose. The current system of reemployment, rights incident to de-
fense transfers has resulted in administrative and staffing complications be-
cause of the large and increasing number of positions which must be reserved
for former employees who transferred with reemployment rights. Also, there
is evidence that the current system grants rights to persons who are not nec-
essarily interested in reemployment with their former agency, and whose trans-
fer with reemployment rights does not necessarily promote the defense effort.
The current system is therefore being replaced by a new program as announced
in Departmental Circular 869. This circular terminates the authority of de-
fense activities, listed in Departmental Circular 676 and supplements, to
grant reemployment rights incident to defense transfer, effective July 31, 1956,
and prescribes procedures for the exercise, forfeiture, and expiration of
reemployment rights now existing.
B. Exercise and termination of reemployment rights granted under previ-
ous regulations. Reemployment rights granted upon defense transfer under
Executive Order 10,180 or 10,577 are terminated as of January 31, 1957, ex-
cept as provided below. Previously, employees possessing such rights could
apply for reemployment, only when reached for involuntary separation or demo-
tion. Beginning on August 1, 1956, they may apply at any time prior to
February 1, 1957. Reemployment rights will be forfeited unless exercised by
February 1, 1957, except as follows:
(1) Employees restored under Part 35 of these Regulations (either past
or future) must exercise their reemployment rights by February 1,
1957, or at the end of any statutory retention period, whichever is
later.
(2) Employees serving outside the continental United States under a
transportation agreement must exercise such rights by February 1,
1957, or three (3) months after the date they become eligible for
return transportation at Government expense, whichever is later.
(3) Employees who are notified that they cannot be restored under Part
35 to the grade or level in the agency they left to enter active
military duty must apply for exercise of defense transfer reemploy-
ment rights within forty (40) calendar days after receipt of such
notification.
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(4) Employees who enter upon active military duty on or after August 1,
1956, must apply for reemployment at least thirty (30) calendar days
in advance of their scheduled entry upon active military duty. In
such cases, these persons will be reemployed and separated or fur-
loughed for military service by the reemploying agency.
(5) Employees who were involuntarily separated by a defense activity
prior to August 1, 1956, must apply for reemployment within forty
(40) calendar days after the date of separation or their reemploy-
ment rights shall be terminated.
C. Agency's obligation to honor reemployment rights. The responsible
agency shall effect reemployment as promptly as possible, and within a period
of not more than thirty (30) calendar days after receipt of an application
therefor. As a minimum, reemployment must be in the occupational field and
at the same geographical area as the position which the applicant last held in
that agency. If the reemployment would cause the separation or demotion of
another employee, the applicant shall then be considered an employee for the
purpose of applying the Retention Preference Regulations to determine to what,
if any, position he is entitled. The reemploying agency may reemploy the em-
ployee 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.
Upon reemployment in the Postal Service, the employee shall be given the sen-
iority he would have attained had he remained in the Postal Service. An agency
may refuse action to reemploy under this section only when the applicant was
last separated for serious cause evidencing his unsuitability for reemployment.
D. Employee appeals to the Commission. Any employee whose application
for reemployment is denied must be informed of the reasons in writing. In the
same notice, the agency must inform him of his right to appeal to the Commis-
sion within"ten (10) calendar days after receipt of the notice. The time
limit may be extended upon a showing by the employee that circumstances beyond
his control prevented him from filing his appeal within the time limit. Final
decision of his right to reemployment shall be made by the Commission.
E. Notice To employees. In order that employees having outstanding re-
employment rights incident to previous defense transfers may make timely ap-
plication for the exercise of those rights, it is important that they receive
notification of this revision in the reemployment rights program. The agencies
to which such reemployment rights apply will not necessarily know the current
location or status of their previous employees. Therefore, each defense
activity having components currently listed under Departmental Circular 676
and supplements thereto will promptly issue general notices to all of their
current employees. This notice will include the information contained in pre-
ceding paragraphs of this circular. In addition, it should advise that the
current existence of reemployment rights may be established as follows: (a)
reemployment rights exist only when the SF 50 moving an employee from one
agency to another contained a statement regarding such reemployment rights
under Itremarks?T. (b) the rights so established are currently in effect only
if the employee has not subsequently had a break in service, declined re-
employment or moved to another agency without reemployment rights.
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F. Elimination of 'defense transfer vacancies." Heretofore, agencies
have had to earmark positions reserved for the reemployment of persons pos-
sessing defense transfer reemployment rights. Such position controls, and re-
strictions on manner of filling such positions, may be eliminated on February
1, 1957 with the exception of positions which may be needed for the reemploy-
ment of persons whose applications are then pending with the agency. It is
expected that valid reemployment rights of individuals identified in para-
graphs B, (1), (2), and (3) above can be adequately satisfied through the re-
tention preference procedures, even though their applications are received
subsequent to February 1, 1957. It will be necessary to continue the earmark-
ing of all positions involving statutory reemployment rights of persons absent
in military service.
G. Inquiries. Inquiries regarding this Departmental Circular from
agencies in the metropolitan area of Washington, D. C. may be made in the Cen-
tral Office to the Bureau of Programs and Standards, Regulations and Instruc-
tions Division, Code 171, Extension 3275, and in the field to the appropriate
regional office.
H. Rescissions. Departmental Circular 676 and Supplements 1 and 2 thereto
are rescinded effective July 31, 1956.
John W. Macy, Jr.
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