RIF Rights & Procedures

Your Legal Rights During a RIF

Federal employees possess specific rights during a Reduction in Force, outlined in law (5 U.S.C. Chapter 35) and OPM regulations (5 CFR Part 351). Knowing these rights is essential.

Retention Rights (How Your Standing is Determined)

Your vulnerability in a RIF is determined by four factors applied sequentially within your competitive area and level:

1. Tenure Group: Career employees (Group I) have higher standing than Career-Conditional (Group II), who are above Excepted Service/Temporary (Group III).
2. Veterans' Preference: Within each group, preference eligibles (Subgroup AD/A) have higher standing than non-preference eligibles (Subgroup B).
3. Length of Service (SCD): Your Service Computation Date for RIF purposes, including creditable civilian and military service, adjusted by performance. Longer service equals higher standing within a subgroup.
4. Performance Ratings: Credit for recent "Outstanding" (+20 yrs), "Exceeds Fully Successful" (+16 yrs), or "Fully Successful" (+12 yrs) ratings effectively adds years to your SCD for retention calculation.

Use the SCD Estimator Tool below for a basic calculation (excluding performance credit).

Assignment Rights (Bump & Retreat)

If your position is abolished, you might displace ("bump" or "retreat" into) another position held by someone with lower retention standing, provided:

• The position is in the same competitive area.
• You meet the OPM qualification standards for the position.
• Bumping: The position is occupied by someone in a lower tenure group or subgroup.
• Retreating: The position is occupied by someone with less service (lower SCD) in your *same* tenure group/subgroup, AND it's a position you previously held (or essentially identical).
• Assignment rights are typically limited to positions no more than 3 grades (or equivalent) below your current grade.

Notice Requirements

Your agency must provide a specific, written RIF notice at least 60 full calendar days before the RIF effective date. This notice must include:

• The specific action (separation, demotion, etc.) and effective date.
• Your competitive area, level, and retention details (tenure, vet pref, SCD).
• Information about any position offered through assignment rights.
• Details on appeal rights (MSPB) and filing deadlines.
• Information on severance pay, benefits continuation, retirement options, and CTAP/ICTAP.

Review our guide on understanding your notice details.

Appeal Rights

If you believe RIF rules were misapplied in your case (e.g., errors in retention standing, competitive area/level, assignment rights), you generally have appeal options:

• Merit Systems Protection Board (MSPB): Must file within **30 calendar days** after the RIF effective date. You cannot appeal the agency's decision *to conduct* the RIF, only how the procedures were applied to you.
• Agency/Union Grievance Procedures: May be an option depending on local policies or collective bargaining agreements.
• EEO Complaint: If you believe discrimination was the true motive behind the RIF action affecting you (contact EEO counselor within 45 days).

Standard RIF Procedures & Timeline

Agencies generally follow these steps based on OPM regulations:

Frequently Asked Questions