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in the apportioned departmental service unless there are no eligibles on the appropriate competitive register from States in arrears.

(m) Transfers, etc., permitted. The reemployment list will not interfere with:

(1) Individual reinstatements, transfers, promotions, or changes in status initiated by the departments,

(2) Recall of furloughed employees.

(n) Temporary appointments made permanent. Temporary appointment may be made permanent under $ 8.5 if the conditions of the open competitive register and the reemployment list warrant such action.

(0) Postal Service (all branches). (1) Appointments to the Postal Service (other than postal laborers and persons occupying custodial positions) are not subject to the reemployment list.

(2) Postal employees (other than postal laborers and persons occupying custodial positions) involuntarily separated from the service for any cause shall not be eligible for the reemployment list.

(p) Retirement age affecting reemployment eligibility. The names of persons who have reached or passed the retirement age of the position or positions for which they would otherwise be eligible shall not be entered on the reemployment list.

(q) Certification from reemployment list of persons within ten years of retirement age. The requirements of $ 9.104 should be observed in making certification from the reemployment list.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

PART 10%TRANSFER

Sec.

Sec.
Civil Service Rule X

Regulations under Civil Service 10.1 Subordinate to promotions.

Rule X 10.2 From excepted to competitive 10.101 Negotations for transfer. position.

10.102 Fourth-class postmasters. 10.3 Retransfer.

10.103 Rural carriers. 10.4 From the office of the President. 10.104 Between post offices. 10.5 When certificate not required.

10.105 Substitutes. 10.6 Without certificate in nonappor- 10.106 Involving promotion.

tioned positions. 10.7 Employees in the Bureau of 10.107 To and from Government-conEngraving and Printing.

trolled corporations. 10.8 Certificate required.

10.108 Waiver of examination in re10.9

transfers. Residence. 10.10 Philippine service.

10.109 Apportionment. 10.11 Puerto Rican service.

10.110 From the Tropics. 10.12 Panama Canal service.

10.111 Waiver of examination. 10.13 Service beyond the seas.

10.112 Philippine service.

CIVIL SERVICE RULE X Section 10.1 Subordinate to promotions. No transfer shall be made to a competitive position above the lowest class in any grade unless the appointing officer shall certify that the position cannot be adequately filled by promotion; but the Commission may, with the approval of the head of any department, adopt regulations applicable to the service in or under such department, declaring what class shall be regarded as the lowest in any grade. * [E.O. 209, Mar. 20, 1903]

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*For statutory citation, see note to $ 9.1.

*$$ 10.1 to 10.112, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.

CROSS REFERENCE: For rule and regulations governing promotion, see Part 11.

10.2 From excepted to competitive position. No person appointed without competitive examination to a position classified at the time of such appointment, and no person serving in an unclassified position, or in a position named in Parts 50, 51, not appointed by competitive examination, or by transfer or promotion from a competitive position, shall be transferred to a competitive position except as hereinafter provided in $$ 10.1–10.13 and in § 2.3 and Part 50.* [E.O. 2121, Jan. 19, 1915]

10.3 Retransfer. (a) Any person may be retransferred to a position in which he was formerly employed or to any position to which transfer could be made therefrom if, since his transfer, he has served continuously and satisfactorily under any of the following conditions. [E.O. 4004, May 2, 1924] :

(1) In the executive or judicial civil service of the United States or of its insular possessions. [E.O. 4004, May 2, 1924]

(2) In the legislative service. [E.O. 4558, Dec. 28, 1926]

(3) In the service of a State, county, municipality, or foreign gov. ernment in a position in which he has acquired valuable training and experience. (E.O. 4004, May 2, 1924]

(b) Such retransfer may be made without compliance with $ 10.8 (b), (c), (d), (e).* [E.O. 4004, May 2, 1924]

10.4 From the office of the President. Any person who has served for at least 2 years in the office of the President of the United States may be transferred to a competitive classified position upon such tests of fitness as the Commission may deem proper.* [E.O. 1467, Feb. 1, 1912]

10.5 When certificate not required. In the apportioned service transfers within the same department or office may be made without certificate of the Commission, subject to the rules and regulations regarding promotion, unless different tests are prescribed for original entrance to the position to which transfer is proposed.* [E.O. 209, Mar. 20, 1903]

CROSS REFERENCE: For rule and regulations relating to promotion, see Part 11.

10.6 Without certificate in nonapportioned positions. In the nonapportioned service transfers within an office, within the same branch of the field service of a department or office, among the military staff departments, and from the War Department to any military staff department, may be made without certificate of the Commission, subject to the limitations prescribed in § 10.5, unless otherwise provided by regulation of the Commission.* [E.O. 5479, Nov. 11, 1930]

10.7 Employees in the Bureau of Engraving and Printing. Operatives and other employees in the Bureau of Engraving and Printing whose duties are similar to those of operatives may be transferred without examination and certificate of the Commission to the

*For statutory citation, see note to 8 10.1.

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apportioned positions of expert money counter and paper counter in the office of the Secretary of the Treasury, and expert counter, feeder, and separator in the office of the Treasurer of the United States. Employees so transferred shall not be charged to the apportionment, and such transfer shall not give them the rights of promotion or transfer greater than those of the positions from which they were transferred, and they shall not be assigned to duties other than those of the positions named in this section.* [E.O. 209, Mar. 20, 1903; E.O. 2403, June 19, 1916]?

CROSS REFERENCE: For rule and regulations relating to promotion, see Part 11.

10.8 Certificate required. Unless otherwise specifically provided in 88 10.1–10.13 no person shall be transferred except on certificate of the Commission previously obtained and subject to the following limitations. [E.O. 209, Mar. 20, 1903] :

(a) He must have received absolute appointment. [E.O. 4495, Aug. 12, 1926]

(b) He must be within the age limitations prescribed for examination for the position to which his transfer is proposed; but whenever the Commission and the appointing officer are in agreement that the public interest requires such unusual action the Commission may approve transfer without regard to age limitations. [E.O. 3566, Oct. 22, 1921]

(c) The apportionment must be observed unless waived by the Commission upon the certificate of the appointing officer that the transfer is required in the interests of good administration, setting forth in detail the reasons therefor. [E.O. 209, Mar. 20, 1903]

(d) He must pass an appropriate examination whenever different tests are prescribed for original entrance to the position to which transfer is proposed. E.O. 209, Mar. 20, 1903]

(e) He shall not be transferred unless, in the judgment of the Commission, he possesses experience, qualifications, or training, which are required for the proper performance of the duties of the position to which transfer is proposed, and which render necessary in the interests of the service the filling of the position by his transfer rather than by an original appointment or promotion in the manner provided by the Civil Service Act.* [E.O. 1052, Mar. 23, 1909]

10.9 Residence. A person to be transferred from a nonapportioned to an apportioned position shall be required, previous to his transfer, to prove his residence in the same manner as for original appointment.* [E.O. 209, Mar. 20, 1903]

10.10 Philippine service. An officer or employee occupying a competitive position in the Philippine classified service, who has served 3 years or more therein, may be transferred to the Federal classified service, subject to the provisions of the rules in this chapter; but the Commission may authorize the transfer of an officer or employee who has served 2 years in the Philippine classified service and who has been separated by necessary reduction of force or by displacement by a Filipino, if he is especially recommended by the War Department

2

* Operatives and similar positions are now in apportioned service. 3557, Oct. 6, 1921]

[E.O.

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*For statutory citation, see note to 10.1.

man.

because of his efficiency and good character. In all cases of proposed transfer from the Philippine classified service the War Department shall furnish the Commission, for its consideration, all relevant information contained in its files, together with the service record of the employee.* [E.O. 1964, June 15, 1914]

10.11 Puerto Rican service. The Commission may, in its discretion, authorize the transfer of employees from the civil service of Puerto Rico to that of the United States, subject to the limitations respecting transfer within the civil service of the United States.* [E.O. 1964, June 15, 1914]

10.12 Panama Canal service. A citizen of the United States in the service of the Panama Canal on or before January 1, 1915, in an excepted position other than that of clerk paying not more than $80 in gold per month may be transferred without examination to a position in the competitive classified service, provided :

(a) This section shall not apply to a person appointed to a competitive position in accordance with the civil service rules, his transfer to be governed by the general provisions of the rules in this chapter.

(b) This section shall not apply to a person appointed without examination to perform the duties of clerk of any grade, bookkeeper, stenographer, typist, surgeon, physician, trained nurse, or drafts

(c) He must have rendered at least 2 years' service in a position above the grade of mere unskilled laborer in the service of the Panama Canal or of the Panama Railroad by transfer from the Canal.

(d) He may be transferred to a position of no higher grade requiring similar qualifications, or to a position of a lower grade for which he is qualified.

(e) He must be specially recommended by the Governor of the Panama Canal by reason of efficient service and satisfactory conduct.

(f) If separated from the service, the requisition for transfer must be made within 3 years from the date of separation, and if he has been separated more than 1 year evidence of continuing good character and efficiency may be required.* [E.O. 2121, Jan. 19, 1915; E.O. 3232 Feb. 20, 1920] 10.13 Service beyond the seas. In a case of exceptional merit

a where an employee has rendered long and faithful service beyond the seas in a civil capacity, under conditions such that his appointment and services were not in contravention of the civil service rules or Executive orders, he may be given a classified status by the head of the department or office in which such service was rendered, on certification by such officer that the case is one of exceptional merit and with the approval of the Commission. The provisions of this section may be applied in the case of Philippine constabulary officers who have rendered at least 7 years of efficient and satisfactory service.* [E.O. 1964, June 15, 1914]

REGULATIONS UNDER CIVIL SERVICE RULE X 10.101 Negotiations for transfer. No contacts or negotiations shall be made by officers or representatives of one department or

*For statutory citation, see note to § 10.1.

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agency with employees of another department or agency with a view to securing the services of such employees before approval is given to such contacts and negotiations by the heads of the organizations concerned.* [E.O., Feb. 19, 1934]

10.102 Fourth-class postmasters. A fourth-class postmaster, upon the basis of such service, may be transferred upon qualifying in an appropriate examination (á) to a rural-carrier position in the same office if he has received at least $500 a year; (b) to any other position, if he has received $500 a year and has served 3 years. (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

10.103 Rural carriers. Rural carriers may be transferred to the positions of railway postal clerk, city-delivery carrier, and post office clerk, and vice versa, without prior authority of the Commission, provided that no employee be so transferred until he has completed his probationary period.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) (Regs., CSC, as of June 1, 1938]

10.104 Between post offices. A post-office employee must complete his probationary period in the office to which originally appointed before transfer to another office.* (Rule XVI, sec. i, E.Ö. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

10.105 Substitutes. Transfers to the substitute force of a post office, except from the substitute force of another post office, may be made to any position on the substitute list. A substitute transferred from one post office to another shall go to the foot of the substitute list. The transfer of a substitute within a post office from the clerk to the carrier substitute force,

or vice versa, may not be made except to the foot of the substitute roll: Provided, however, That a mutual exchange of positions between a substitute clerk and a substitute carrier may be made, but not to any higher position on the substitute roll than that to which each would have been entitled if his original appointment had been to the roll to which transferred. When a substitute is transferred from the clerk to the carrier roll, or vice versa, and afterwards retransferred to the roll upon which his name originally appeared, then his name shall be entered upon such roll in the order of his original appointment.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

10.106 Involving promotion. Where the transfer involves a promotion, the requirements of the promotion rule and regulations should be observed.* (Rule XVI, sec 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938] Cross REFERENCE: For rule and regulations relating to promotion, see Part 11.

10.107 To and from Government-controlled corporations. Competitive employees transferred to corporations controlled by the Government may be retransferred to the Government service.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

10.108 Waiver of examination in retransfers. Retransfers under & 10.3 may be made without compliance with $ 10.1, except where

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*For statutory citation, see note to § 10.1.

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