Proposed Rule2024-30883
Reduction in Force
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 26, 2024
Issuing agencies
Personnel Management Office
Abstract
The Office of Personnel Management is clarifying its withdrawal of a proposed rule published on December 17, 2020. The notice of proposed rulemaking, inter alia, proposed revising OPM's reduction-in-force regulations to prioritize performance over length of service when determining which employees will be retained in a RIF. OPM withdrew the proposed rule on March 12, 2021, but in an abundance of caution issues this clarification reiterating that the proposed rule is withdrawn.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 247 (Thursday, December 26, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Page 104900]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30883]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 /
Proposed Rules
[[Page 104900]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 351 and 430
RIN 3206-AO06
Reduction in Force
AGENCY: Office of Personnel Management.
ACTION: Withdrawal of proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management is clarifying its
withdrawal of a proposed rule published on December 17, 2020. The
notice of proposed rulemaking, inter alia, proposed revising OPM's
reduction-in-force regulations to prioritize performance over length of
service when determining which employees will be retained in a RIF. OPM
withdrew the proposed rule on March 12, 2021, but in an abundance of
caution issues this clarification reiterating that the proposed rule is
withdrawn.
DATES: OPM withdraws the proposed rule as of March 12, 2021, or no
later than December 20, 2024.
ADDRESSES: The docket for this withdrawn rule is available at <a href="https://www.regulations.gov/document/OPM_FRDOC_0001-2024">https://www.regulations.gov/document/OPM_FRDOC_0001-2024</a>.
FOR FURTHER INFORMATION CONTACT: Latonia Page (202) 936-3459 or email:
<a href="/cdn-cgi/l/email-protection#fe9b938e929187be918e93d0999188"><span class="__cf_email__" data-cfemail="e2878f928e8d9ba28d928fcc858d94">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On December 17, 2020, the Office of
Personnel Management (OPM) published a notice of proposed rulemaking
(NPRM or proposed rule) titled ``Reduction in Force,'' in the Federal
Register. See 85 FR 81839. The NPRM proposed to revise OPM's reduction-
in-force (RIF) regulations to prioritize performance over length of
service when determining which employees will be retained in a RIF, in
response to section 2(j) of Executive Order (E.O.) 13839 (May 25,
2018), titled ``Promoting Accountability and Streamlining Removal
Procedures Consistent with Merit Systems and Principles.'' OPM also
proposed modifying the order of retention, clarifying tenure group
definitions, and modifying how credit for performance is computed.
In response to the NPRM, OPM received approximately 44 comments
during the 30-day comment period which ended on January 19, 2021.
On January 22, 2021, President Biden issued an E.O. 14003 titled
``Protecting the Federal Workforce,'' which, among other things,
revoked E.O. 13839. See 86 FR 7231.
On March 12, 2021, OPM withdrew its NPRM from its regulatory agenda
(see <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=3206-AO06">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=3206-AO06</a>) for three independently
sufficient reasons, among others: because E.O. 13839 was revoked,
because the NPRM no longer reflected OPM's policy position, and because
issuing such a rule was not a priority for OPM.
OPM believes its withdrawal on March 12, 2021, was valid and the
agency, regulated entities, and the public have operated with that
understanding. Nevertheless, in an abundance of caution, OPM hereby
clarifies that the NPRM is withdrawn.
Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
[FR Doc. 2024-30883 Filed 12-20-24; 11:15 am]
BILLING CODE 6325-39-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 26, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.