2 Topics of Discussion When Veterans' Preference applies Types of Veterans' PreferenceHow Veterans' Preference affects the rating and ranking process (Rule of Three and Category Rating)Rules governing the selection processVeterans’ Recruitment Appointment (VRA)Veterans’ Employment Opportunity Act (VEOA)
3 Why is Preference Given? Veterans’ Preference Act of 1944Title 5, United States CodeRecognizes sacrificePrevents penalization for time served in military serviceRecognizes economic lossAcknowledges obligation owed to veterans
4 When Does Preference Apply? Permanent and Temporary PositionsCivil Service ExaminationsCompetitive ServiceMost Excepted Service JobsVeterans’ Recruitment Appointments (VRA)Temporary, Term, and Overseas Limited Appointments
5 When Does Preference NOT Apply? Senior Executive Service (SES)Executive Branch Positions for which Senate confirmation is required.Legislative and Judicial Branches unless positions are in the competitive service.Direct-Hire Authorities (DHA)Promotion, Reassignment, Change to Lower Grade, Transfer, or Reinstatement
7 CPS: “Compensable Disability Preference” (10 points) Ten points are added to the passing examination score or rating of a veteran who served at any time and who has a compensable service-connected disability rating of 30 percent or more.
8 CP: “Compensable Disability Preference” (10 points) Ten points are added to the passing examination score or rating of a veteran who served at any time and who has a compensable service-connected disability rating of at least 10 percent but less than 30 percent.
9 XP: “Disability Preference” (10 points) Ten points are added to the passing examination score or rating of:A veteran who served at any time and has a present service-connected disability or is receiving compensation, disability retirement benefits, or pension from the military or the Department of Veterans Affairs but does not qualify as a CP or CPS; orA veteran who has received a Purple Heart.
10 XP: “Derived Preference” (10 points) Ten points are added to the passing score or rating of spouses, widows, widowers, or mothers of veterans who are either 100 percent disabled or deceased.Referred to as “derived preference” because it is based on service of a veteran who is not able to use the preference.Both a mother and a spouse (including widow or widower) may be entitled to preference on the basis of the same veteran’s service if they both meet the requirements.Neither the mother, nor the spouse may receive preference if the veteran is both living and “qualified” for Federal employment.
11 TP: “Tentative Preference” (5 points) During a war declared by Congress; orDuring the period April 28, 1952 through July 1, 1955; orDuring the period January 31, 1955 through October 15, 1976 (for more than 180 consecutive days, other than for training, any part of which occurred during the above time period.)During the Gulf War from August 2, 1990 through January 2, 1992 (served continuously for 24 months or the full period called to active duty); orDuring the period September 11, 2001 through a date yet to be determined by Presidential proclamation or by law as the last date of Operation Iraqi Freedom (for more than 180 consecutive days, other than for training, any part of which occurred during the above time period.)In a campaign or expedition for which a campaign medal has been authorized. Any Armed Forces Expeditionary medal or campaign badge qualifies for preference.
12 “Rule of Three” Veterans’ Preference Preference eligibles receive an extra 5 or 10 points.Highest possible rating is 110 (a disabled veteran who earns a score of 100 has 10 extra points added.)
13 “Rule of Three” Ranking List Applicant Vet Transmuted Preference AugmentedName Code Score Points ScoreSam Brown NVJeff Rose NVBill White XPJulie Blue TPDavid West NVLisa East TPBeth Williams NVTroy Smith CPJack Scott NVScott Ellis CPSTeresa North CPMary Redd XPJason Allen NV
14 “Category Rating” Veterans’ Preference No Preference PointsPreference Eligibles are placed ahead of Non-Preference Eligibles within each categoryVeterans’ Preference is absolute within each category
15 “Category Rating” Ranking List BEST-QUALIFIEDBill White (XP)Julie Blue (TP)Sam Brown (NV)Jeff Rose (NV)WELL-QUALIFIEDTroy Smith (CP)Lisa East (TP)David West (NV)Beth Williams (NV)QUALIFIEDScott Ellis (CPS)Theresa North (CP)Mary Redd (XP)Jason Allen (NV)Jack Scott (NV)
16 For Professional and Scientific positions at the GS-9 or higher: All qualified applicants are listed in score order, augmented by veteran preference, if any. (In Category Rating, preference eligibles are placed ahead of nonpreference eligibles within each category)For all other positions: CP and CPS veterans “float” to the top of the list regardless of their scores. Everyone else is listed in score order. (In Category Rating, the CP and CPS veterans float to the top of the highest category.)A preference eligible is listed ahead of a nonpreference eligible having the same final rating.
17 Prioritizing CPS/CP - “Rule of Three” Augmented Scores100 NV Sam Brown99 NV Jeff Rose98 XP Bill WhiteTP Julie Blue97 NV David West95 TP Lisa East95 NV Beth Williams90 CP Troy Smith88 NV Jack Scott85 CPS Scott Ellis85 CP Teresa North85 XP Mary Redd80 NV Jason AllenPrioritize 10-Point (CPS/CP)90 CP Troy Smith85 CPS Scott Ellis85 CP Teresa North100 NV Sam Brown99 NV Jeff Rose98 XP Bill WhiteTP Julie Blue97 NV David West95 TP Lisa East95 NV Beth Williams88 NV Jack Scott85 XP Mary Redd80 NV Jason Allen
18 Prioritizing CPS/CP - “Category Rating” BEST-QUALIFIEDBill White (XP)Julie Blue (TP)Sam Brown (NV)Jeff Rose (NV)WELL-QUALIFIEDTroy Smith (CP)Lisa East (TP)David West (NV)Beth Williams (NV)QUALIFIEDScott Ellis (CPS)Theresa North (CP)Mary Redd (XP)Jason Allen (NV)Jack Scott (NV)
19 Pass Over Rule: Without prior OPM approval, an agency may not pass over a preference eligible to select a lower ranking nonpreference eligible or nonpreference eligible with the same or lower score.
20 Yes92 CPS Patricia Lavender227 Main StreetFort Collins, CO100 NV Bob White108 Walnut AveKansas City, MO98 TP Sally Violet23 Garfield BlvdHouston, TXNoYes
21 “Category Rating” Ranking List BEST-QUALIFIEDScott Ellis (CPS)Theresa North (CP)Troy Smith (CP)Bill White (XP)Julie Blue (TP)Sam Brown (NV)Jeff Rose (NV)WELL-QUALIFIEDLisa East (TP)David West (NV)Beth Williams (NV)QUALIFIEDMary Redd (XP)Jason Allen (NV)Jack Scott (NV)YesYesYesYesYes
22 Three ConsiderationsA selecting official is not required to consider a person who has already been considered for three separate appointments from the same or different certificates for the same position.In each of these considerations, the person must have been within reach under the rule of three and a selection must have been made from that group of three.Does NOT apply to Category Rating
23 1st Consideration 2nd Consideration 3rd Consideration 1st SelectionTroy Smith CPScott Ellis CPSTeresa North CPSam Brown NVJeff Rose TPBill White NVJulie Blue NVDavid West NV2nd SelectionTroy Smith CPTeresa North CPSam Brown NVJeff Rose TPBill White NVJulie Blue NVDavid West NV3rd SelectionTroy Smith CPSam Brown NVJeff Rose TPBill White NVJulie Blue NVDavid West NV4th SelectionTroy Smith CPSam Brown NVBill White NVJulie Blue NVDavid West NV
24 Filing Late Applications A 10-point preference eligible may file a job application with an agency at any time.If the applicant is qualified for positions filled from a register, the agency must add the applicant to the register.If the applicant is qualified for positions filled through case examining, the agency will ensure the applicant is referred on a certificate as soon as possible.If there is no immediate opening, the agency must retain the application in a special file for referral on certificates for future vacancies for up to three years.
25 Excepted Service Employment Veterans' Preference does apply to Excepted Service positions.Excepted Service appointments made with the advice and consent of the Senate are exempt.
26 Examples of Excepted Service Positions Schedule A PositionsSchedule B Positions (SCEP, STEP, FCIP)Schedule C PositionsAttorneys
27 Excepted Service Positions Exempt from Appointment Procedures Agencies are not required to apply appointment procedures to certain Excepted Service positions as listed in 5 CFR (c).However, each agency shall follow the principle of veterans’ preference “as far as administratively feasible.”
28 Veterans Recruitment Appointment (VRA) Authority Special Appointing AuthorityGS-11 or lower positionsExcepted ServiceVeterans' preference Applies if there is more than one VRA candidate.After two years of satisfactory service, the agency must convert the veteran to a career or career-conditional appointment, as appropriate.
29 Veterans Employment Opportunities Act of 1998 (VEOA) Agencies must allow preference eligibles or eligible veterans to apply for positions announced under merit promotion procedures when the agency is recruiting from outside its own workforce.Career or Career-Conditional Appointment
30 30 Percent or More Disabled Veterans Noncompetitive Temporary appointment of more than 60 days or a Term appointment.No grade level limitation, but the appointee must meet all qualification requirements.The agency may convert the employee, without a break in service, to a career or career-conditional appointment at any time during the employee’s temporary or term appointment.
31 Reinstatement Eligibility Preference eligibles, including those with derived preference, who served under career or career-conditional appointments for any period of time have lifetime reinstatement eligibility to any competitive service position for which qualified.They have this eligibility regardless of whether their Armed Forces service occurred before or after their career or career-conditional appointment.Competition under the agency’s merit promotion plan is required if the position is at a higher grade level or has more promotion potential than a position previously held.