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CHAPTER 600 – MISSION SUPPORT70 – Personnel70.6 Reassignments.70.6.1 Abbreviations and Acronyms.BFS/ARC – Bureau of the Fiscal Service/Administrative Resource CenterERR – Employee-Requested ReassignmentFTR – Federal Travel RegulationGSA – General Services AdministrationF&P – Finance & ProcurementHC&PS – Human Capital & Personnel SecurityMDR – Management-Directed ReassignmentOA – Office of AuditOI – Office of InvestigationsTIGTA – Treasury Inspector General for Tax Administration70.6.2 Introduction. This section establishes guidelines for a Management-Directed Reassignment (MDR) and for the approval of an Employee-Requested Reassignment (ERR) due to hardship or other personal reasons. Office of Investigations (OI) employees requesting reassignment through OI’s Office of Preference Program should refer to the procedures outlined in Chapter (400)-40.7. Office of Audit (OA) employees requesting a reassignment to another OA business unit should refer to the procedures outlined in Chapter (300)-149.13.This section does not apply to employees seeking reassignment through a merit promotion vacancy announcement or to reassignments as a result of disciplinary action. For reassignments as a result of disciplinary action, refer all inquiries to Employee Relations.70.6.3 Authorities.5 U.S.C. § 5724a ? Relocation Expenses of Employees Transferred or Reemployed5 U.S.C. Sections 7106 (a) (2) and 57245 C.F.R. 335.102 Agency Authority to Promote, Demote or Reassign5 C.F.R. 317.604 – Reassignment5 C.F.R. 317.901 – Reassignment SES Employees HYPERLINK "" 5 C.FR. 630.212 – Use of Annual Leave to Establish Initial Eligibility for Retirement or Continuation of Health Benefits41 C.F.R. 300 -1 ? Federal Travel Regulation (FTR)70.6.4 Policy. This policy outlines the requirements regarding TIGTA’s right to reassign employees. TIGTA may reassign employees when:There is a legitimate organizational reason for the reassignment; andThe vacant position is at the same grade or rate of pay (i.e., if the movement is between pay systems such as from a General Schedule position to a Federal Wage System position) as the employee's present position. A reassignment to a position in a different pay schedule (e.g., GS to FWS, or vice versa) must not involve either a promotion or a demotion.There will be no unreasonable or capricious use of this authority. Reassignment without the consent of the employee will be made only in the best interest of TIGTA, and for the good of the Federal service. TIGTA may also reassign an employee from a special rate position to a non-special rate position at the same grade, or to a position with less promotion potential than the present position. Reassignment to a position with more promotion potential than the present position requires competition under TIGTA’s merit promotion plan. The position to which the agency reassigns an employee may be located in the same or a different geographic area (e.g., reassignment from Houston to Washington, D.C.). Management will also make reasonable attempts to accommodate employee-requested reassignment requests on a case-by-case basis.70.6.5 Definitions.Approving Official – A Senior Executive Service employee or Director with authority delegated by the agency to approve or direct relocation and travel for official Federal Government business.Reassignment – The change of an employee from one position to another or between functions without promotion or demotion. Excluded from this definition are changes in positions with known promotion potential or by planned management actions. Reassignments may be within or outside the employee’s local commuting area.70.6.6 Objectives. The objectives of reassignments within TIGTA are to:Fulfill staffing needs in meeting program and workload requirements;Broaden experience and qualifications of an employee or develop a pool of trained and experienced staff; andIncrease employee job satisfaction.70.6.7 Management-Directed Reassignments.Management may initiate employee reassignment actions within their delegated authority. When initiating a management-directed reassignment (MDR), the manager will consult with HC&PS or BFS/ARC regarding information on directed reassignment regulations and procedures. All MDR actions will include employee resumes when the reassignment results in the employee being assigned to a different position other than that currently serving in. The resume will be reviewed to determine if the employee is qualified for the reassignment. The manger will provide to the employee a written notice within the required period of his or her reassignment including the reasons for the reassignment. At a minimum the notice, will: Specify the reason for the action; State the title, grade, and location of the affected position; State the title, grade, and location of the position to which reassigned; Provide the effective date of the directed reassignment; Give the employee a reasonable amount of time to reply with acceptance or declination in writing. Generally, when geographic relocation is involved, employees will be provided at least a 60-day advance notice of the reassignment. The employee’s immediate supervisor, Director, and/or Function Head/AO, must sign the written notice. See appendix for sample notice. Employees in positions that are subject to geographic mobility as a condition of employment who decline a directed reassignment are not entitled to severance pay or discontinued service retirement. The period between the date the employee is notified and the date of the reassignment may be adjusted in individual situations based upon the employee's circumstances and/or the offices involved after consultation with the employee. In emergency reassignment situations, the manager shall take into account the circumstances in determining whether the period of advance notice is reasonable. Figure 1 – Relocation Notification Timetable:Item No.If the reassignment:A written notice must be provided to the employee at least:1Is within a commuting area.15 days before the effective date of the reassignment2Is outside of a commuting area.120 days before the effective date of the reassignmentAn employee is generally eligible for relocation expense allowances for a directed reassignment that requires relocation to a different geographic area. Relocation expenses will be paid in accordance with TIGTA policy for management-directed reassignments to different geographic locations. The General Services Administration (GSA) publishes its Federal Travel Regulation (FTR) in 41 C.F.R., Subpart F. The complete FTR and other relocation-related information are available on GSA's website at?. For information on Relocation Allowances, see Chapter (600)-40.4 Relocation.All reassignments, with exception of OI employees requesting reassignment under OI’s Office of Preference of Program, will be coordinated with the immediate supervisor, AO, function head, Director, Human Capital and Personnel Security (HC&PS), Director Finance and Procurement (F&P), BFS/ARC Processing, and/or the Office of Chief Counsel. The OI employees requesting reassignment under OI’s Office of Preference Program should refer to Chapter (400)-40.7, Office of Preference Program, regarding coordination requirements. The OA employees requesting a reassignment to another OA business unit should refer to the procedures outlined in Chapter (300)-149.13. After the reassignment request is approved, the gaining (new) supervisor of the reassigned employee must submit a request for personnel action in HR Connect. TIGTA may not reassign employees for disciplinary reasons.70.6.8 Reassignments.A reassignment may include movement to:a position in a new occupational series, or to another position in the same series;assignment to a position that has been redescribed due to the introduction of a new or revised classification or job grading standard; assignment to a position that has been redescribed as a result of position review;movement to a different position at the same grade but with a change in salary that is the result of different local prevailing wage rates or a different locality payment. 70.6.9 Employee-Requested Reassignments.Employees may request reassignment from one organization or geographic location to another. This is a considerable benefit to the employee and it can also benefit TIGTA as well. Consideration of an ERR will be made according to the needs of the function and TIGTA. In order for the request to be considered, the location requested must have a position available or projected vacancy in the job series and grade requested. The request may be granted when the following conditions are met:The employee demonstrates the existence of a hardship that can be alleviated by reassignment; The employee voluntarily wishes to relocate to another geographic location for personal reasons; and The request is in the best interest of TIGTA and the function.Employees that are experiencing personal problems at their current place of duty can request hardship transfers. Hardship transfers may be requested for several reasons to include:to care for sick parents; lack of medical facilities at the employee location for specific treatments for employees or family member; to permit the employee to reside closer to children after a divorce when the ex- spouse has custody; any other reasons that create an undue hardship on the employee or their family. There must be a position available or an anticipated vacancy at the new location for the request to be considered. The employee requesting a hardship transfer must submit a written request to his/her immediate manager detailing:the nature of the hardship or personal request, if applicable, explain how the reassignment would alleviate the hardship; anda signed statement that the employee waives relocation expenses. When the voluntary transfer is "primarily for the convenience or benefit of the employee or at his/her request," payment of travel, transportation, and relocation expenses is not permitted. If the voluntary transfer is not "primarily for the convenience or benefit of the employee or at his/her request," it is regarded as "in the interest of the Government," and payment of travel, transportation, and relocation expenses must be authorized. Administrative leave will not be granted for employee-requested reassignments and no personnel action to effect a reassignment will be processed until BFS/ARC processing staff have received a waiver statement.Once the reassignment action has been approved, the receiving manager will prepare a memorandum (including all documentation) for the concurrence of the appropriate function head. When reassignments cross functional offices (e.g., an Office of Audit employee being reassigned to the Office of Mission Support), the receiving manager will include concurrence lines for both Function Heads. The approved memorandum (and supporting documentation) will be included in the request for personnel action submitted to BFS/ARC for the reassignment. Denial of an employee-requested reassignment is not an appealable action under TIGTA’s grievance procedures. If an employee refuses a reassignment to a position in a different local commuting area and is subject to separation, it will be processed according to the rules outlined in 5 C.F.R. part 752, adverse action regulations for separating an employee who declines a directed reassignment to a position in a different geographic area. If an employee is removed by adverse action for declining geographic relocation, they may be eligible for some benefits available to displaced employees separated by reduction in force (e.g., intra- and interagency hiring priority, severance pay, discontinued service retirement, etc.).An employee who declines reassignment to a position in the same geographic area as the present position (e.g., from an Atlanta position to a different Atlanta position) is not eligible for any career transition assistance or other benefits. Refer to TIGTA Career Transition Assistance Plan policy Chapter (600)-70.14. An employee who is being involuntarily separated by adverse action because of the employee’s decision to decline relocation to a different local commuting area (including transfer of function, reassignment, realignment, change of duty station, etc.) may elect to use annual leave and remain on the agency’s rolls after the date the employee otherwise would have been separated by adverse action, in order to establish initial eligibility for:Immediate CSRS or FERS retirement (including optional, VERA, DSR, andFERS MRA+10); and/orContinuation of FEHB coverage into immediate retirement.An employee retained under this provision is covered by Chapter 63 of Title 5,United States Code.70.6.10 Requirements for Non-Competitive Reassignments into Supervisory and/or Managerial Positions.In accordance with 5 CFR § 335.102 and 5 CFR § 302.102, management may initiate employee reassignment actions within their delegated authority when there is an organizational business need to reassign an employee; and the vacant position is at the same grade or rate of pay as the employee's current position. These reassignment actions may take place within a function as well as between functions within TIGTA.To ensure compliance with merit system principles and to promote consistency throughout the Department, beginning on the effective date of this memorandum, an employee cannot be reassigned into a supervisory or managerial position without formal competition unless the employee:Currently occupies a supervisory position; orPreviously held a supervisory position in the Federal Civil Service; orOccupies an excepted service position within TIGTA.A non-competitive reassignment into a supervisory or managerial position will be allowed if the employee meets one of the above criteria in addition to any other eligibility and/or qualification requirements for the position. If an employee does not meet one of the above criteria, but occupies a position at the same grade level as the vacant position, formal competitive procedures will be required. When formal competitive procedures are used, the announcement may be limited to TIGTA only and merit promotion or category rating guidance must be followed, as appropriate.Although competition for movement into supervisory and managerial positions is required, except as noted above, selectees will not be required to serve a new probationary period if they fully meet the requirements outlined in 5 CFR § 315.901.This interim guidance will be incorporated into TIGTA’s Operations Manual (600)-70.6.10, Non-Competitive Reassignment into Supervisory and/or Managerial Positions, during the next quarterly update. Please refer any questions or comments to the TIGTA OMS Human Capital mailbox at OMSHumanCapital@tigta..Appendix 1Sample Reassignment NoticeSUBJECT: Notice of Permanent/Temporary Reassignment As a formal follow-up to our conversation, this correspondence is to officially advise you that effective [fill in effective date of permanent/temporary reassignment, (effective date should be either 15 or 60 days’ notice], you are being permanently/temporarily reassigned from [XYZ Dept., XYZ Division to XYZ Dept., XYZ Division]. As discussed, your job responsibilities will remain the same/change according to the attached position description. You will continue in your present classification as [Employee Classification] and at the same grade and rate of pay/your rate of pay will change as a result of special pay or locality pay changes. You will report directly to [XYZ Dept., XYZ Division] and your immediate Manager will be [Assistant Director/Special Agent in Charge]. Along with this change, your new work location will be [address].Should you have any questions regarding this reassignment, I am available to discuss them with you, or you may contact TIGTA Human Capital @ OMSHumanCapital@tigta. or BFS @ BFS HR Processing.Attachments: Position Description Organizational Chart ................
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