RIF - Performance Management/Reduction in Force (RIF), Revisions to 5 Code of Federal Regulations (CFR) 351, 430 and 531 Issued 24 Nov 1997

MEMORANDUM OF AGREEMENT

RESULTING FROM

PERFORMANCE MANAGEMENT/ REDUCTION IN FORCE (RIF)

REVISIONS TO 5 CODE OF FEDERAL REGULATIONS

(CFR) 351, 430 AND 531

ISSUED 24 NOV 97

1. The American Federation of Government Employees Council 214 and Air Force Materiel Command, hereafter referred to as the Union and Management, recognize the need to implement the above referenced Code of Federal Regulation (CFR) changes and do so in accordance with the terms of this Memorandum of Agreement (MOA).

2. Management will not effect bargainable changes in the current performance appraisal program (i.e. bargainable changes unrelated to the CFR changes referred to herein) without affording a MLA Section 33.02 compliant notice to the Union affording a bargaining opportunity.

3. Management will take appropriate action to assure timely receipt of performance appraisals.

4. For RIF purposes, a modal rating is given whenever an employee has no rating of record during the past 4-year period. Consistent with these governmentwide regulations, a modal rating within the Air Force is the most common rating of record given within the competing employee's competitive area.

5. When conducting a RIF, Management will establish a cut-off date for determining whether the competitive area meets the criteria for a single or multiple rating pattern consistent with the attached Air Force policy.

6. In a RIF situation, when a competing employee(s) within a competitive area has/have rating(s) of record under a rating pattern other than the Air Force rating pattern, all competing employees with appraisals fully successful or higher (Summary Levels 3,4,and 5) will receive 20 points performance credit for that year consistent with the Multiple Rating Pattern provisions described in paragraph 2b of the attached Air Force policy. For example, this could occur but is not limited to situations where an employee has been rated under a Demonstration Project or under another agency's appraisal pattern (e.g. pass/fail). This provision applies for ratings of record effective after 30 Sep 97. (NOTE: Performance credit for RIF is based on the competing employee's three most recent ratings of record received during the past 4-year period as stated in 5 CFR 351.504.)

7. Local union presidents or their designees will receive activity written notification of the existence of a multiple rating pattern in a competitive area. This notification will be made when retention registers are established.

Atch

Air Force Policy

Chapter 6 Determining Creditable Service and Determining Service

Computation Dates (SCD's) 6-15

the basis for the retirement and what service was credited to the retiree for purposes of retirement. Follow instructions in Figure 6-2 to obtain this information.

c. Military retirees-service examples. The following are examples of creditable military service for leave accrual and reduction-in-force purposes for retired members who were not in the Federal civilian service on November 30, 1964, and for whom service credit is restricted:

Example I

Retired from the Navy (not based on war- or combat-incurred disability) after active service from 06-01-69 through 06-15-89; had no lost time; received Navy Expeditionary Medal for service in Lebanon campaign from 01-01-83 through 05-30-83. Creditable service for leave and RIF purposes: because his retirement was not based on a war-or combat-incurred disability, only his 01-01-83 through 05-30-83 campaign service is creditable.

Example 2

Retired from the Air Force based on combat-incurred disability; had active service from 8-1-78 through 3-30-91; received Southwest Asia Service Medal for service in Operation Desert Storm.

Creditable service for leave and RIF purposes: all of his active service is creditable because his retirement was based on an injury incurred during armed conflict.

Example 3

Retired from the Marine Corps as an E-7 (by transfer to the fleet reserve) based on a disability incurred in a training exercise. Served on active duty from 9-1-76 through 11-30-88 (his records show his annuity is based on 12 years and 3 months of service). Received Army Forces Expeditionary Medal for service in Lebanon from 9-1-83 through 8-31-84. Creditable service for leave purposes: because his retirement was not based on war- or combat-incurred disability, he is entitled to leave accrual credit for only his 9-1-83 through 8-31-84 campaign service.

Creditable service for RIF purposes: because his annuity is based on less than 20 years of service, and because he was retired at a rank below that of major, he is entitled to RIF credit for all of his active duty service.

1-9. Differences in SCD-Leave and SCD-RIF.

In most instances, the employee's SCD-Leave and SCD-RIF will be the same because prior Federal service will be creditable for both purposes. The dates will differ, however, when (1) the employee's prior service includes active military service that was not terminated honorably, or (2) the employee is a military retiree. In the first case, the employee's active duty service is creditable for RIF purposes but not for leave purposes. In the second case, the amount of service credited for RIF will vary according to the rank at which the individual retired and the circumstances of retirement (see Tables 6-A and 6-B.) The dates will differ, also, when a period of civilian service is creditable for one purpose-leave or RIF-but not for the other. (For example, the service of a retiree under the ' D.C. Police and Firefighter System is creditable for RIF, but not for leave accrual.)

1-10. Questions About Creditable Service.

Questions on whether a particular type of service is creditable for leave accrual and RIF purposes, how to obtain records of service that are not described in Figure 6-2, and on how to compute SCDs for leave accrual and RIF may be referred to:

U.S. Office of Personnel Management, Human Resources Systems Service, Office of Workforce Information, 1900 E Street, NW >(Stop A)<, Washington, DC 20415 *** Fax (202) 606-1719. Refer questions regarding service credit for retirement purposes to your agency's headquarters level Retirement Counselor (see The CSRS and FERS Handbook, Chapter IC).

1-11. Time Limits and Responsibilities for Recomputing SCD-Leave.

a. An agency must recompute an employee's SCD-leave when an error is discovered, regardless of when the error was made, who Processing Personnel Actions Update 20 September 1, 1995