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Overview of Voluntary Early Retirement Authority (VERA), Voluntary Separation Incentive Payments (VSIP), and Reduction in Force (RIF)

REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Page 1: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

Overview of Voluntary Early Retirement Authority (VERA),

Voluntary Separation Incentive Payments (VSIP), and

Reduction in Force (RIF)

Page 2: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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What We Will Cover

Overview on:

– Purpose of VERA and VSIP authorities

– Eligibility criteria

– Reduction in force process

Page 3: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

Purpose of VERA and VSIP

• Both VERA and VSIP are tools to implement management decisions when an agency must reduce or restructure its workforce

• Incentivize voluntarily separations to avoid or lessen the impact of reductions in force

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Page 4: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

Basis for Agency VERA Request

The agency or component:

– Is undergoing substantial delayering, reorganization, reductions in force, transfer of function, or other restructuring

– Will likely separate or downgrade a significant percentage of employees or

– Identified positions that are becoming surplus or excess to the agency mission

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Page 5: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

Agency Decisions

The agency decides:

– What positions will be covered by the VERA

– When to offer

– How long to offer

– How many may retire

– Criteria for approving applications if too many employees apply

– Latest date(s) for VERA separations (within approved authority period)

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Page 6: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

VERA Eligibility

• Must have at least 20 years of service and age 50+ or have 25 years of service at any age

– CSRS – 1/6 per month or 2% per year permanent annuity reduction for each year under 55

– FERS – No reduction

• Must have been on the agency’s rolls at least 31 days before the VERA request

• Must occupy a position covered by the approved agency plan

• Must retire by the agency-specified date

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Page 7: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

VERA Eligibility

• Must not have received a notice of involuntary separation for misconduct or performance

• Must not be serving on a time-limited appointment

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Page 8: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

VERA Laws and Regulations

• Civil Service Retirement System (CSRS)

– 5 U.S.C. 8336(d)(2)(D)

– 5 CFR 831.114

• Federal Employees Retirement System (FERS)

– 5 U.S.C. 8414(b)(1)(B)

– 5 CFR 842.213

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Page 9: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

VSIP

• Agency determines the amount to pay

– Must be lesser of VSIP amount (not to exceed $25,000) or the employee’s severance pay amount

• OPM approves agency headquarters request with OMB concurrence

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Page 10: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

Basis for VSIP Request

• Agency plan outlining the intended use of VSIPs, including a proposed organizational chart showing organizational goals after completion of the VSIPs

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Page 11: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

Agency Decisions

• Number and maximum amount of VSIPs

• The specific positions and functions to be reduced or eliminated (includes positions that will be restructured once vacated by VSIP)

• The categories of employees to be offered VSIPs

• Latest date(s) for VSIP separations (within approved VSIP authority)

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Page 12: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

VSIP Eligibility

Eligible employees must:

• Be serving in an appointment without time limitation

• Be in a position covered by the agency’s VSIP plan

• Have been continuously employed by the Federal Government for at least 3 years

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Page 13: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

VSIP Eligibility

• Employees not eligible:

– Reemployed annuitants

– In receipt of a notice of involuntary separation for misconduct or performance

– Are eligible for disability retirement

– Have previously received:

• A VSIP under any authority

• A student loan repayment within 36 months

• A recruitment or relocation bonus with 24 months

• A retention bonus within 12 months

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Page 14: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

VSIP Law and Regulation

• 5 U.S.C. 3521 through 3525

• 5 CFR 576

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Page 15: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

Guidance Resources

Available at www.opm.gov:

– Guide to Voluntary Early Retirement Authority

– Guide to Voluntary Separation Incentive Payments

– Workforce Reshaping Operations Handbook

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Page 16: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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What is Reduction in Force (RIF)?

• Objective procedures that determine who stays and who goes when Federal positions are abolished

• The focus is on protecting employee's retention rights

Page 17: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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When is RIF Required?

• When employees will be involuntarily separated, downgraded, or furloughed due to...

– Lack of funds

– Shortage of work

– Insufficient personnel ceiling

– Reorganization ... and alternatives do not work

• Furlough duration determines if RIF or adverse action procedures apply

Page 18: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Management Alternatives to RIF

• Hiring freezes, attrition, selective appointments (temporary or term appointments instead of permanent)

• Voluntary or directed reassignments to any location

• Aggressive transition/placement programs

• Voluntary Early Retirement Authority (VERA)

• Voluntary Separation Incentive Payments (VSIPs or buyouts)

Page 19: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Management Decisions

• Agency management must:

– Provide the reason(s) for the RIF

– Determine the effective date

– Decide which positions to abolish

Page 20: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

Agency Mission

• All management decisions must consider the positions required to be retained for continued successful performance of the organization’s and agency’s mission

• For example, which positions should be:

– Excepted from a hiring freeze

– Included in VERA and/or VSIP offers

– Abolished in a RIF

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Page 21: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Key Terms in RIF

• These terms apply mainly to RIF

– Competitive area

– Competitive level

– Retention factors

• Positions in the competitive area are organized by competitive levels (or master retention list), then the retention factors are applied to each potentially affected employee in that competitive area

Page 22: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Competitive Area

• Defines the limits within which employees compete for retention

• Defined by:

– Organization

– Geography (e.g., commuting area)

Page 23: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Competitive Level

• All jobs in the competitive area grouped by

– Grade (or level) and classification series

– Duties and qualifications

– Separated by:

• Service (competitive or excepted)

• By appointing authority within the excepted service

• Pay schedule (e.g., GS or WG)

• Work schedule (e.g., full-time, part-time, seasonal)

Page 24: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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RIF Retention Factors in Order

Seniority

Performance ratings

Tenure

Veterans’ preference

Page 25: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Tenure

• Competitive service tenure groups:

I = Career

II = Career-conditional

III = Term, Indefinite

• Excepted service tenure groups:

I = Permanent

II = Serving trial period

III = Time-limited

NOTE: Most temporary employees are in Tenure Group 0 (no RIF rights)

Page 26: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Veterans’ Preference Subgroups

• Subgroup AD = Preference eligible with a 30% or more service-connected disability

• Subgroup A = Preference eligible for RIF

• Subgroup B = Not a preference eligible for RIF and non-veterans

Page 27: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Length of Service

• Total civilian and military service (not just service in the agency)

• Retired military -- only service in a war or campaign or expedition is creditable, unless employee is a preference eligible for RIF

Page 28: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Performance Credit

•Credit is assigned to each of the three most recent ratings of record received in the previous 4 years

•Each rating equals a number of years credit

•Rating credits are averaged, rounded up to the next whole number

– If no ratings were received during the 4-year period, a presumed rating is assigned

Page 29: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Retention Standing

• Retention standing is a formula applied to each employee

• Combines the four retention factors (tenure, veterans’ preference, length of service, performance)

• Ranks each competing employee in relation to others

• Example

Career + non-veterans’ preference eligible + SCD of 06/27/77 – 12 (average of 3 fully successful ratings) = IB, 06/27/65

Page 30: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Retention Register

• A retention register is a list of all competing employees in retention standing order

• May be listed two ways

– By competitive level

– By competitive area, often called an absolute or master retention register

Page 31: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Round 1 Competition

• Abolished positions are noted on the retention registers in affected competitive levels

• Competition rules determine who stays in the competitive level and who is released

• Most released employees go on to Round 2

competition

Page 32: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Round 1 Competition

Competitive Level 201-12

Al IAD 1/1/75 201-12W

Barb IA 2/2/72 201-12X

Carl IA 3/3/89 201-12Y

Pat IB 4/4/88 201-12Z

Page 33: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Round 2 Competition

• Assignment Rights -- Competitive service employees released in Round 1 with at least a minimally successful rating may:

– Bump: Displace an employee in a lower subgroup IF qualified

– Retreat: Displace an employee in the same subgroup with less service IF held the job

before • Excepted service and tenure group III

employees have assignment rights only if granted by the agency

Page 34: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Bump

• Displace an employee

– In a lower tenure group

• Group I can bump anyone in Group II or III

– In the same tenure group but lower

subgroup • AD can bump A and B

• A can bump B

• Must qualify for the position

Page 35: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Retreat

• Displace an employee

– In the same tenure group and subgroup

– With less service

– If held the same job, or an essentially identical one, on a permanent basis in the Federal service

Page 36: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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On-line Tools for Employees

• RIF related summaries and guides available under the Employee References tab at www.opm.gov – Summary of Reduction in Force

– Summary of Reassignment

– Employee’s Guide to Reduction in Force Benefits

– Employee’s Guide to Career Transition

• Federal job listings - www.usajobs.gov

Page 37: REDUCTION IN FORCE · VSIP Eligibility •Employees not eligible: –Reemployed annuitants –In receipt of a notice of involuntary separation for misconduct or performance –Are

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Pam Galemore

Recruitment and Hiring

Employee Services

U.S. Office of Personnel Management

[email protected]