Effective August 23, 2012, the Employee and Labor Relations Manual (ELM) is revised to include provisions on staffing Remotely Managed Post Offices™ (RMPOs) and Part-Time Post Offices (PTPOs). These revisions implement changes to retail units previously classified as EAS Level 16 or below Post Offices.
Employee and Labor Relations Manual (ELM)
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3 Employment and Placement
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350 Assignment, Reassignment, and Promotion
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354 Assignment of Unassigned Employees
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354.3 Actions for Nonbargaining Employees in Connection With the Discontinuance, Consolidation, and Restaffing of Post Offices
[Revise 354.3 to read as follows:]
354.31 Background
Statutory and regulatory requirements mandate consideration of the effects of closing or consolidating a Post Office on Postal Service employees in that office, and making a public record and analysis concerning the effects on these employees.
354.32 Definition of Terms
District manager refers to the manager who is proposing the discontinuance or restaffing of a Post Office within his or her district.
Discontinuance of a Post Office includes the consolidation of the Post Office (i.e., the replacement of a Post Office with a Community Post Office) or the discontinuance of a Post Office without establishing another facility to replace it.
Restaffing of a Post Office occurs when the staffing of a Post Office with currently assigned career nonbargaining employees is changed following a change to its competitive area.
354.33 Planning Considerations
The dual objectives of minimizing the impact on individual employees and maximizing the economies to be affected by consolidating, discontinuing, or restaffing Post Offices can best be achieved through careful planning and judicious placement of impacted employees. Management keeps employees informed at each step of the process and identifies positions appropriate for reassignment and for which employees are willing to accept reassignment voluntarily.
354.34 Postmaster and Supervisors
354.341 Postmasters
When the district manager proposes to recommend the discontinuance or restaffing of a Post Office where there is an incumbent postmaster, each of the following alternatives, as applicable and appropriate, are discussed with the incumbent postmaster, and the district manager prepares a memorandum stating which alternative is recommended: The alternatives listed below are available. In considering them, and determining whether an employee can perform the essential functions of an alternative position, it may be necessary to consider the requirements of Handbook EL-307, Reasonable Accommodation, An Interactive Process, depending upon the circumstances in each case.
a. Reassignment to Another Postmaster Vacancy. The district manager may recommend that the established procedures for the selection of postmasters be waived and that the postmaster be reassigned to an existing postmaster vacancy located within the same district. The district manager includes in the memorandum a statement that the postmaster meets the requirements and qualifications of the vacant postmaster position to which reassignment is recommended and can satisfactorily perform the duties of that position. A signed statement from the postmaster that the reassignment recommended by the district manager, if approved, will be accepted, must also be obtained for the record.
b. Unavailable Postmaster Vacancy. In the event there is no postmaster vacancy to which an affected postmaster may be reassigned, the district manager notifies the postmaster in writing. If the affected postmaster accepts a non-postmaster assignment, that postmaster retains the right, for 104 weeks from the date of reassignment, to be offered a vacant postmaster position located within the district at his or her former level, when one occurs. Declination of an offer in writing, voluntary acceptance of a lower-level postmaster position, or promotion to a higher-level postmaster position terminates the right to be offered a postmaster vacancy at the postmaster’s former level.
c. Reassignment to a Supervisory Vacancy. If there are no postmaster vacancies available for possible reassignment, or if it is determined and documented that the postmaster does not meet the requirements and qualifications of the vacant postmaster positions available and cannot satisfactorily perform the duties, the district manager may recommend that the postmaster be reassigned to an existing supervisory vacancy within the district. The vacancy can be a station or branch manager position. The district manager documents that the postmaster meets the requirements and qualifications of the vacant supervisory position to which reassignment is recommended and can satisfactorily perform the duties of that position; and includes a signed statement from the postmaster that the reassignment recommended by the district manager, if approved, will be accepted.
d. Reassignment to Another Position in the Postal Service.
(1) If there are no postmaster or supervisory vacancies within the district to which the postmaster can be reassigned, because (a) either the vacancies do not exist; or (b) it is determined and documented that the postmaster does not meet the requirements and qualifications of the positions that are available for possible reassignment and cannot satisfactorily perform the duties of those positions, the district manager recommends that the postmaster be reassigned to another position in the Postal Service.
(2) As appropriate, postmasters at noncity delivery offices may be offered available full- or part-time clerk or carrier positions or other available craft positions for which qualified. In all such cases, the individual’s seniority is established in accordance with the applicable provisions of the National Agreement.
(3) In recommending reassignment to another position in the Postal Service, every effort is made to recommend a position for which the annual pay that the postmaster can expect to receive is as nearly equal as possible to the pay received during the last year as a postmaster.
(4) A signed statement from the postmaster that the reassignment recommended by the district manager, if approved, will be accepted, must be obtained for the record.
e. Voluntary Retirement.
(1) Eligibility for voluntary retirement is established if, by the expected date of discontinuance or restaffing of the Post Office, the supervisor has been employed under the Civil Service Retirement System for at least 1 year within the 2-year period preceding the discontinuance or restaffing, and:
(a) Has at least 30 years of creditable service and is at least 55 years of age.
(b) Has at least 20 years of creditable service and is at least 60 years of age.
(c) Has at least 5 years of creditable service and is at least 62 years of age.
(2) If the postmaster is employed under the Federal Employees Retirement System, one of the following conditions must be met:
(a) Has at least 30 years of creditable service and is at least the minimum retirement age (MRA) (see 583.14).
(b) Has at least 10 but less than 30 years of creditable service and is at least the MRA. This is a reduced annuity retirement at the rate of 5/12 of 1 percent for each month (5 percent for each year) the employee is under age 62.
(c) Has at least 20 years of creditable service and is at least 60 years of age.
(d) Has at least 5 years of creditable service and is at least 62 years of age.
(3) The district manager advises the postmaster of the eligibility for voluntary retirement. Under no circumstances may the district manager attempt to coerce the postmaster into taking voluntary retirement in lieu of reassignment to a postmaster, supervisory, or any other position in the Postal Service. The decision to take voluntary retirement in lieu of reassignment must be made by the postmaster, and this alternative may not be recommended by the district manager, unless the supervisor has chosen it.
f. Discontinued Service Annuity.
(1) Eligibility for a discontinued service annuity is established if, by the recommended date of discontinuance or restaffing of the Post Office, the postmaster has been employed under the Civil Service Retirement System for at least 1 year within the 2-year period preceding the discontinuance or restaffing (see 563.21); and
(a) Has at least 25 years of creditable service regardless of age.
(b) Has at least 20 years of creditable service and is at least 50 years of age and the employee does not decline a “reasonable offer” of another position.
(2) If the employee is impacted by the discontinuance or restaffing and refuses a reasonable offer of another position, he or she will not qualify for a discontinued service annuity (DSR) annuity. For DSR annuity purposes, a job offer is considered reasonable if the following requirements are met:
(a) The offer is made in writing.
(b) The employee meets the qualifications for the position being offered.
(c) The position offered is:
(i) Within the employee’s local commuting area, unless geographic mobility is a condition of the employee’s employment;.
(ii) Another career position;
(iii) With the same work schedule, that is, part-time or full-time;
(iv) Not more than the equivalent of two grade or pay levels below the employee’s current grade or pay level; and
(v) Within the employee’s agency.
(3) Other requirements:
(a) The employee’s creditable service must include at least 5 years of civilian service.
(b) The employee must separate from a position subject to CSRS coverage.
(c) The employee must be covered by CSRS for at least 1 year within the 2-year period immediately preceding the separation on which the annuity is based.
(d) The employee’s accrued and unused annual leave or donated leave may be used to meet either the age or service requirement to qualify for a discontinued service retirement.
(e) The employee may request to be placed on approved annual leave beyond the effective date of the involuntary separation notice so that the employee may use enough leave to satisfy the age or service requirement.
(f) The employee’s remaining annual leave balance, if any, will be paid in a terminal leave payment.
(g) The employee may not use sick leave to meet minimum age and service requirements.
(4) The district manager advises the postmaster of the eligibility for a discontinued service annuity and of the fact that under present law this type of annuity requires a reduction of 1/6 of 1 percent for each full month (2 percent a year), if any, the employee is under 55 years of age at the time of retirement.
(5) If the postmaster is under the Federal Employees Retirement System, the same age, service, and reasonable offer requirements must be met, but there is no reduction for being under age 55 (see 583.21).
(6) If a FERS employee has a CSRS annuity component, the CSRS portion of the annuity is reduced by 1/6 of 1 percent for each full month (2 percent a year), if any, he or she is under age 55.
(7) Under no circumstances may the district manager attempt to coerce the postmaster into accepting a discontinued service annuity in lieu of reassignment to a postmaster, supervisory, or any other position in the Postal Service. The decision to accept a discontinued service annuity in lieu of reassignment must be made by the supervisor, and the district manager may not recommend this alternative, unless the supervisor has chosen it.
354.342 Supervisors
When the district manager proposes to recommend the discontinuance or restaffing of a Post Office at which a supervisor is stationed and whose position would be abolished, and the district manager prepares a memorandum for the record stating which alternative is recommended, the alternatives listed below are available. In considering them, and determining whether an employee can perform the essential functions of an alternative position, it may be necessary to consider the requirements of Handbook EL-307, Reasonable Accommodation, An Interactive Process, depending upon the circumstances in each case.
a. Reassignment to a Postmaster Vacancy. The district manager may recommend that the established procedures for the selection of postmasters be waived, and that the supervisor be reassigned to an existing postmaster vacancy. The district manager includes (1) a statement that the supervisor meets the requirements and qualifications of the vacant postmaster position to which reassignment is recommended and can satisfactorily perform the duties of that position; and (2) endorses a signed statement from the supervisor that the reassignment as recommended by the district manager, if approved, will be accepted.
b. Reassignment to a Supervisory Vacancy. The district manager may recommend that the supervisor be reassigned to an existing supervisory vacancy, including that of a station or branch established as a result of a consolidation. The district manager includes (1) a statement that the supervisor meets the requirements and qualifications of the vacant supervisory position to which reassignment is recommended and can satisfactorily perform the duties of that position; and (2) endorses a signed statement from the supervisor that the reassignment as recommended by the district manager, if approved, will be accepted.
c. Reassignment to Another Position in the Postal Service.
(1) If there are no postmaster or supervisory vacancies to which the supervisor can be reassigned, either because: (a) the vacancies do not exist; or (b) it is determined and documented that the supervisor does not meet the requirements and qualifications of the positions that are available and cannot satisfactorily perform those duties, the district manager recommends that the supervisor be reassigned to another position in the Postal Service.
(2) Supervisors may be offered available full- or part-time clerk, carrier, or other craft positions for which they are qualified. In all such cases, the individual’s seniority is established in accordance with the applicable provisions of the National Agreement.
(3) A signed statement from the supervisor that the reassignment to another position in the Postal Service as recommended by the district manager, if approved, will be accepted, must be obtained for the record.
d. Voluntary Retirement.
(1) Eligibility for voluntary retirement is established if, by the expected date of discontinuance or restaffing of the Post Office, the supervisor has been employed under the Civil Service Retirement System for at least 1 year within the 2-year period preceding the discontinuance or restaffing; and
(a) Has at least 30 years of creditable service and is at least 55 years of age.
(b) Has at least 20 years of creditable service and is at least 60 years of age.
(c) Has at least 5 years of creditable service and is at least 62 years of age.
(2) If the supervisor is under the Federal Employees Retirement System, one of the following conditions must be met:
(a) Has at least 30 years of creditable service and is at least the MRA (see 583.14).
(b) Has at least 10 but less than 30 years of creditable service and is at least the MRA. This is a reduced annuity retirement at the rate of 5/12 of 1 percent for each month (5 percent a year) the employee is under age 62.
(c) Has at least 20 years of creditable service and is at least 60 years of age.
(d) Has at least 5 years of creditable service and is at least 62 years of age.
(3) The district manager advises the supervisor of the eligibility for voluntary retirement. Under no circumstances may the district manager attempt to coerce the supervisor into taking voluntary retirement in lieu of reassignment to a postmaster, supervisory, or any other position in the Postal Service. The decision to take voluntary retirement in lieu of reassignment must be made by the supervisor, and this alternative may not be recommended by the district manager, unless the supervisor has chosen it.
e. Discontinued Service Annuity.
(1) Eligibility for a discontinued service annuity is established if, by the recommended date of discontinuance or restaffing of the Post Office, the supervisor has been employed under the Federal Employees Retirement System; and
(a) Has at least 25 years of creditable service regardless of age; or
(b) Has at least 20 years of creditable service and is at least 50 years of age and does not decline a “reasonable offer” of another position.
(2) There is no 1-out-of-2 requirement under FERS as there is under CSRS. Thus, an employee does not have to be under FERS for 1 year to be eligible to retire preceding the discontinuance or restaffing (see 583.21).
(3) If the employee is impacted by the discontinuance or restaffing and refuses a reasonable offer of another position, he or she will not qualify for a DSR annuity. For DSR annuity purposes, a job offer is considered reasonable if the following requirements are met:
(a) The offer is made in writing.
(b) The employee meets the qualifications for the position being offered.
(c) The position offered is:
(i) Within the employee’s local commuting area, unless geographic mobility is a condition of the employee’s employment;
(ii) Another career position;
(iii) With the same work schedule, that is, part-time or full-time;
(iv) Not more than the equivalent of two grade or pay levels below the employee’s current grade or pay level; and
(v) Within the employee’s agency.
(4) Other requirements:
(a) The employee’s creditable service must include at least 5 years of civilian service.
(b) The employee must separate from a position subject to CSRS coverage.
(c) The employee must be covered by CSRS for at least 1 year within the 2-year period immediately preceding the separation on which the annuity is based.
(d) The employee’s accrued and unused annual leave or donated leave may be used to meet either the age or service requirement to qualify for a discontinued service retirement.
(e) The employee may request to be placed on approved annual leave beyond the effective date of the involuntary separation notice so that the employee may use enough leave to satisfy the age or service requirement.
(f) The employee’s remaining annual leave balance, if any, will be paid in a terminal leave payment.
(g) The employee may not use sick leave to meet minimum age and service requirements.
(5) The district manager advises the supervisor of the eligibility for a discontinued service annuity and that under present law this type of annuity requires a reduction of 1/6 of 1 percent for each full month (2 percent a year), if any, the employee is under 55 years of age at the time of retirement.
(6) If the supervisor is under the Federal Employees Retirement System, the same age, service, and reasonable offer requirements must be met, but there is no reduction for being under age 55 (see 583.21).
(7) If a FERS employee has a CSRS annuity component, the CSRS portion of the annuity is reduced by 1/6 of 1 percent for each full month (2 percent a year), if any, he or she is under age 55.
(8) Under no circumstances may the district manager attempt to coerce the supervisor into accepting a discontinued service annuity in lieu of reassignment to a postmaster, supervisory, or any other position in the Postal Service. The decision to accept a discontinued service annuity in lieu of reassignment must be made by the supervisor, and the district manager may not recommend this alternative, unless the supervisor has chosen it.
354.343 Reassignment to a Higher-Grade Position
In situations where the proposed reassignment would be to a higher-grade position, and a promotion procedure is prescribed by regulation, that promotion procedure must be followed.
354.344 Salary Protection
See 415.12 for information on salary protection.
354.345 Relocation Expenses
Any postmaster or supervisor who is reassigned as a result of the discontinuance or restaffing of the Post Office where employed is entitled to reimbursement of approved relocation expenses consistent with Handbook F-15, Travel and Relocation.
354.346 Discussions With Postmasters and Supervisors
When possible, the district manager must discuss with the affected postmasters and supervisors the alternatives available to them due to the discontinuance or restaffing of their Post Office of employment. If this is not possible, the district manager will designate another manager in the district to discuss the alternatives with the affected postmasters and supervisors.
354.347 Subsequent Personnel Actions
Employees who voluntarily accept lower-grade positions may subsequently be assigned to positions that do not exceed the grade from which they were downgraded. Normal promotion procedures may be waived. However, employees must meet the prescribed minimum qualification requirements for the positions to which they are assigned. Eligibility for special placement in postmaster positions as described in 354.341 is limited to 104 weeks.
354.348 Refusal of Reassignment Offer or Exhaustion of Options
If a postmaster or supervisor is offered reassignment to a postmaster, supervisory, or any other position in the Postal Service and refuses to accept any of these alternatives, or if the applicable options listed in 354.34 have been otherwise exhausted, RIF procedures are instituted. The postmasters or supervisors must apply for any retirement benefits for which they are eligible. If the postmaster or supervisor is separated from the Postal Service and is not eligible for either voluntary retirement or a discontinued service annuity, severance pay is paid if provided for in Postal Service rules and regulations.
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We will incorporate these revisions into the next printed version of the ELM and into the next online update, available on the Postal Service PolicyNet website:
n Go to http://blue.usps.gov.
n Under “Essential Links” in the left-hand column, click PolicyNet.
n On the PolicyNet page, click Manuals.
(The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.)
— Retail Operations,
Delivery and Post Office Operations, 8-23-12
