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(a) Unless otherwise provided hereinafter, a person may be reinstated only to the department or independent Government establishment from which separated and upon requisition made within one year from the date of his separation. In its discretion the Commission may after absolute appointment allow reinstatement in any part of the classified service, and it may also authorize waiver of the 1-year herein prescribed, under the following time limitations: 2 years where service has been 2 years but less than 3 years; 3 years where service has been 3 years but less than 4 years; 4 years where service has been 4 years but less than 5 years; and without time limit where service has been 5 years or more: Provided, That the applicant for reinstatement who has been separated more than 5 years is otherwise eligible as set forth under the
5 conditions of the Executive order of June 2, 1920 (See $ 9.104): And provided further, That he can qualify under an appropriate noncompetitive examination. [E.O. 5153, July 9, 1929]
(b) A former classified employee entitled to military preference in appointment may be reinstated without time limit. [E.O. 6043, Feb. 23, 1933]
(c) A former classified employee retired upon annuity under the Act of May 22, 1920, by reason of total disability, who is eligible for reinstatement in his former department or office by reason of recovery and termination of annuity, shall also be eligible for reinstatement to an appropriate position in any part of the service, subject to the conditions and limitations of the civil service rules. [E.O. 4031, June 19, 1924]
(d) No person in any of the foregoing groups may be reinstated to a position requiring an examination different from that required in the position from which he was separated without passing an appropriate examination. [E.O. 4031, June 19, 1924]
(e) An employee involuntarily separated during or at the end of probation, without fault on his part, may be reinstated to serve a new probation in any part of the service, in any position for which he has qualified, or can qualify in an appropriate noncompetitive examination, subject to the other provisions of the civil service rules.* [E.O. 5570, Mar. 3, 1931)
*88 9.1 to 9.110, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.
REGULATIONS UNDER CIVIL SERVICE RULE IX
9.101 When certificate shall be granted. Reinstatement may be granted only upon formal request of a department or office and when consistent with the interests of the public service. Residence requirements for the apportioned service shall be met unless the applicant was previously employed in an apportioned position, or unless his examination status at any time during employment would have permitted his certification for the apportioned service. Medical certificate executed by a physician in the Government service, or, if impracticable, by a non-Government physician in good standing, shall be required.' Persons reinstated in the Federal Civil Service shall be fingerprinted, except those who were fingerprinted upon original appointment or
upon previous reinstatement.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
9.102 Service credit. In determining the reinstatement status of a former classified employee who completed probationary appointment and who has been separated from the service more than 1 year, credit may be allowed for:
(a) (1) Permanent and temporary employment in classified positions.
(2) Permanent and temporary employment in excepted and unclassified positions.
(3) Employment in the Federal legislative service.
(6) Employment in third- and fourth-class post offices when it is established that payment therefor was made from funds allotted to the postmaster for clerical hire.
(7) Employment under the Government of the District of Columbia.
(8) Employment in Philippine civil service prior to October 16, 1916, regarded as Federal service, provided the employee entered the Philippine civil service through open competitive examination, except that service in the municipal Government of the City of Manila shall not be allowed after August 7, 1901.
(b) Furloughs and absences without pay aggregating not more than 6 months in a calendar year may be considered as "service."* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938
9.103 Eligibility of those dropped from rolls of the U. S. Employees' Compensation Commission. The period of eligibility for reinstatement of persons dropped or forced to resign because of disability and who are immediately taken over on the rolls of the U. S. Employees' Compensation Commission, will date from the date their names are dropped from the rolls of the Employees' Compensation Commission, rather than from the date their names are dropped from the rolls
of the department or office in which employed.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
CROSS REFERENCE: For United States Employees' Compensation Commission, see 20 CFR Chapter I.
9.104 Persons nearing retirement age. Recommendation for the reinstatement of former employees shall not be approved for the purpose of conferring upon such employees the benefits of the Act approved May 22, 1920, entitled, “An act for the retirement of employees in the classified service and for other purposes."
Recommendations for the reinstatement of former employees who have reached, or will within 10 years reach, the age making them eligible for retirement under the said law must be accompanied by a full statement of the facts in each case indicating that such reinstatement will be in the interest of the public service.
No employee of the class referred to shall be reinstated unless physically able to perform active duty, and officers recommending a person of this class for reinstatement must give his age, full information as to
*For statutory citation, see note to $ 9.1.
physical fitness for the work to which it is proposed to assign him, and if the employee were then of the retirement age that the officer would recommend the issuance of the certificate provided for in the second proviso to section 6 of the Act.* [E.O., June 2, 1920]
.* 9.105 Persons who have reached retirement age. Recommendations for reinstatement of former classified employees who have reached retirement age but have not served 15 years shall not be approved.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
9.106 Reinstatement of Indians. Indians separated without delinquency or misconduct from competitive positions may be reinstated in the Indian field service without time limit when the Commission and the Department are in agreement that such reinstatement would be in the interest of the service.* [E.O. 4948, Aug. 14, 1928]
9.107 Time limit waived for heroic conduct. A former classified employee who has lost his health in line of duty as an incident to heroic conduct in saving life shall be excepted from examination and from reinstatement requirements in connection with a position, the duties of which he is competent to perform.* [E.O., Apr. 4, 1908]
9.108 Persons allocated "out-of-status.” Employees will be permitted to remain in the positions they were occupying on July 1, 1924, and, upon the attainment and maintenance of the appropriate efficiency ratings, may receive salary increases up to the maximum of the grade to which such positions have been allocated, although contrary to existing provisions of the civil service rules, if otherwise permissible. They shall not, however, thereby be given any status for promotion, transfer, or reinstatement different from that which they have regularly acquired under the civil service law and rules, except that the Civil Service Commission, in its discretion, may, without examination, permit reinstatement or a promotion in the same department or establishment back to the same class of positions as that occupied on July 1, 1924, after a separation or demotion without fault or delinquency, if otherwise in accordance with the civil service law and rules.* (E.O. 4523, Oct. 18, 1926]
Cross REFERENCE: For rule and regulations relating to transfer and promotion, see Parts 10, 11.
9.109 Reemployment regulations authorized. The Civil Service Commission may set up procedure and promulgate regulations under which employees with appropriate status who have been recently or who are about to be furloughed or dropped for reduction of force without delinquency or misconduct may be afforded priority in the filling of vacancies when in the opinion of the Commission the conditions of good administration warrant such priority.* [E.O. 5924, Sept. 20, 1932]
9.110 The reemployment list-(a) Persons on list. The reemployment list shall contain the names of persons with a probational or permanent classified status secured as a result of competitive examination and unskilled laborers with a permanent status under the labor regulations, who are unqualifiedly recommended for further
*For statutory citation, see note to $ 9.1.
Federal employment and have satisfactory efficiency ratings and service histories:
(1) Who are to be or have been furloughed for 3 months or more;
(2) Who within 3 months are to be dropped on account of reduction of force.
(3) Who within 1 year have been dropped for reduction of force.
(b) Utilization of list. (1) The reemployment list shall take precedence over open competitive registers and shall be used to fill classified and unclassified positions, both permanent and temporary, except as provided in paragraph (o).
(2) Temporary appointments in the field service not to exceed thirty days may, if necessary in emergencies, be made without regard to the reemployment list. (See § 8.103)
(c) Positions on list. Persons who apply for entry on the reemployment list and are eligible therefor will be placed on the list for:
(1) Positions the duties of which they had been performing for a substantial period with a proper civil service status at the time of separation or within 1 year thereof;
(2) Any positions for which the applicant has qualified in examination and for which the Commission finds him qualified at present;
(3). Where employees otherwise eligible for the reemployment list have been separated from positions which as a group no longer exist in the competitive classified service, they will be placed on the reemployment list for existing positions which in respect to duties nd qualification requirements are closely similar to the positions from which separated.
(d) Names on more than one list. Persons eligible for entry on the reemployment list in a civil-service district office may also be entered on the reemployment list in the Commission's central office if they are willing to accept appointment in Washington, D. C., and if they file separate applications for both offices and are rated eligible for a position in Washington, D. C. Persons on the central office list may also be entered on the appropriate reemployment list maintained in a district office if rated eligible for a district position. No person shall have his name carried on the reemployment list of more than one civil service district office.
(e) Period of eligibility. The period of eligibility on the reemployment list shall be 1 year from the date of entry of name on the list. Upon request of an eligible on the reemployment list, the Commission will extend his eligibility for an additional period of 1 year.
(f) Reemployment lists in civil service district offices. District managers shall maintain reemployment lists covering field positions which are under the district system for all branches of the Government and for those positions for which registers are maintained by the district managers for specific branches.
(g) Zone of certification, field positions. The zone of certification from the reemployment list shall be identical with the primary zone of certification from open competitive registers.
(h) Procedure in certification and selection. (1) Eligibles who are placed on the reemployment list as specified in paragraph (c) (1)
will be listed in the order of highest averages attained in the most appropriate examination; eligibles who are placed on the reemployment list as specified in paragraph (c) (2) will be listed in the order of the averages attained in the noncompetitive examination ordered by the Commission for entry on the reemployment list.
(2) The greatest opportunity for certification will be given to eligibles on the reemployment list. A person whose name has been entered on the list for a particular position may be certified without further examination for appointment to any similar position (or to any lower-grade position in the same line of work) for which he is considered qualified by the Commission.
(3) When it is not administratively feasible to certify the entire list of eligibles, a sufficient number of names will be certified to meet the apparent needs of the service.
(4) The appointing officer may select any person whose name is certified from the reemployment list.
(5) If there are fewer than three names available for certification to a vacancy, the certificate may be completed from the current register.
(i) Local board positions. Certify in the following order:
(1) Reemployment list, or reinstatement or furlough list, if any, for the particular service in which the vacancy occurs.
(2) Local board register from open competitive examination. (3) Local eligibles from district reemployment list. j) Removal of names from list. The acceptance of a temporary
( appointment by a person whose name is on the reemployment list will not remove his name from the list for consideration for probational appointment. Probational appointment to any position will terminate eligibility of that individual on the reemployment list for all positions. Declination of probational appointment or failure to respond will cause the removal of the name from the list for all positions. Reentry of names on the list in such cases will be governed by the same rules as govern the reentry of names on competitive registers.
(k) New probationary period. Persons selected from the reemployment list shall be required to serve a new probationary period of not exceeding 3 months, except that those who have not previously completed probation shall be required to serve the usual probationary period for the position in which reemployed. The declaration of appointee shall be required in each case. Medical certificates and fingerprints (unless a fingerprint chart has previously been furnished) shall be required for those persons out of the service.
(1) Apportionment. The apportionment must be observed in certifying from_the reemployment list for apportioned positions in Washington, D. C.
(1) Persons on furlough, or about to be dropped from positions not in the apportioned service, may not be transferred under the reemployment list procedure to the apportioned service if from a State in excess, unless such positions in the nonapportioned service were secured by transfer from an apportioned position without break in service, or unless there is an absence of eligibles from States in arrears.
(2) Eligibles on the reemployment list from States in excess, who have been separated from the service, may not be certified to positions