5 CFR 330.609 - Exceptions to CTAP selection priority.
An agency may take the following personnel actions as exceptions to § 330.607:
(a) Reemploy a former agency employee with regulatory or statutory reemployment rights, including the reemployment of an injured worker whoeither has been restored to earning capacity by the Office of Workers' Compensation Programs, Department of Labor, or has received a notice that his or her compensation benefits will cease because of full recovery from the disabling injury or illness;
(d) Reassign agency employees between or among positions in the local commuting area (sometimes called job swaps) when there is no change in grade or promotion potential and no actual vacancy results;
(e) Convert an employee currently serving under an appointment providing noncompetitive conversion eligibility to a competitive service appointment, including from:
(1) A Veterans Recruitment Appointment underpart 307 of this chapter;
(2) An appointment under5 U.S.C. 3112 and part 316 of this chapter of a veteran with a compensable service-connected disability of 30 percent or more; and
(3) Make an excepted service appointment underpart 213 of this chapter;
(f) Effect a personnel action under, or specifically in lieu of,part 351 of this chapter;
(g) Effect a position change of an employee into a different position as a result of a formal reorganization, as long as the former position ceases to exist and no actual vacancy results;
(h) Assign or exchange an employee under a statutory program, such as subchapter VI of chapter 33 of title 5, United States Code (also called the Intergovernmental Personnel Act), or the Information Technology Exchange Program under chapter 37 of title 5, United States Code;
(n) Effect a position change of an employee under5 U.S.C. 8337 or 8451 to allow continued employment of an employee who is unable to provide useful and efficient service in his or her current position because of a medical condition;
(o) Effect a position change of an employee to a position that constitutes a reasonable offer as defined in5 U.S.C. 8336(d) and 8414(b);
(p) Effect a position change of an employee resulting from a reclassification action (such as accretion of duties or an action resulting from application of new position classification standards);
(q) Promote an employee to the next higher grade or pay level of a designated career ladder position;
(s) Effect a position change of an injured or disabled employee to a position in which he or she can be reasonably accommodated;
(t) Effect a personnel action pursuant to the settlement of a formal complaint, grievance, appeal, or other litigation;
(u) Reassign or demote an employee under§ 315.907 of this chapter for failure to complete a supervisory or managerial probationary period;
(v) Retain an individual whose position is brought into the competitive service underpart 316 of this chapter and convert that individual, when applicable, under part 315 of this chapter;
(w) Retain an employee covered by an OPM-approved variation under Civil Service Rule 5.1 (5 CFR 5.1);
(x) Reemploy a former agency employee who retired under a formal trial retirement and reemployment program and who requests reemployment under the program's provisions and applicable time limits;
(y) Extend a time-limited promotion or appointment up to the maximum period allowed (including any OPM-approved extensions beyond the regulatory limit on the time-limited promotion or appointment), if the original action was made subject to CTAP selection priority and the original announcement or notice stated that thepromotion or appointment could be extended without further announcement;
(z) Transfer an employee between agencies under appropriate authority during an interagency reorganization, interagency transfer of function, or interagency mass transfer;
(aa) Appoint a member of the Senior Executive Service into the competitive service under5 U.S.C. 3594;
(bb) Transfer an employee voluntarily from one agency to another under a Memorandum of Understanding or similar agreement under appropriate authority resulting from an interagency reorganization, interagency transfer of function, or interagency mass transfer, when both the agencies and the affected employee agree to the transfer;
(cc) Reassign an employee whose position description or other written mobility agreement provides for reassignment outside the commuting area as part of a planned agency rotational program; or
(dd) Transfer or a position change of an employee underpart 412 of this chapter.
(ee) Convert an employee's time-limited appointment in the competitive or excepted service to a permanent appointment in the competitive service if the employee accepted the time-limited appointment while a CTAP eligible.
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