VETERANS’ PREFERENCE IN HIRING

Topics of Discussion• When Veterans' Preference applies• Types of Veterans' Preference• How Veterans' Preference affects the rating and

ranking process (Rule of Three and Category Rating)• Rules governing the selection process• Veterans’ Recruitment Appointment (VRA)• Veterans’ Employment Opportunity Act (VEOA)

Why is Preference Given?• Veterans’ Preference Act of 1944• Title 5, United States Code• Recognizes sacrifice• Prevents penalization for time served in military

service• Recognizes economic loss• Acknowledges obligation owed to veterans

When Does Preference Apply?• Permanent and Temporary Positions• Civil Service Examinations• Competitive Service• Most Excepted Service Jobs• Veterans’ Recruitment Appointments (VRA)• Temporary, Term, and Overseas Limited

Appointments

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

Preference Categories• CPS• CP• XP• TP• NV

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.

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.

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; or

• A veteran who has received a Purple Heart.

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.

TP: “Tentative Preference” (5 points)

• During a war declared by Congress; or• During the period April 28, 1952 through July 1, 1955; or• During 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); or

• During 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.

“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.)

Applicant Vet Transmuted Preference Augmented Name Code Score Points ScoreSam Brown NV 100 0 100Jeff Rose NV 99 0 99Bill White XP 88 10 98Julie Blue TP 92 5 97David West NV 97 0 97Lisa East TP 90 5 95Beth Williams NV 95 0 95Troy Smith CP 80 10 90Jack Scott NV 88 0 88Scott Ellis CPS 75 10 85Teresa North CP 75 10 85Mary Redd XP 75 10 85Jason Allen NV 80 0 80

“Rule of Three” Ranking List

“Category Rating” Veterans’ Preference • No Preference Points

• Preference Eligibles are placed ahead of Non-Preference Eligibles within each category

• Veterans’ Preference is absolute within each category

“Category Rating” Ranking ListBEST-QUALIFIED

Bill White (XP)

Julie Blue (TP)

Sam Brown (NV)

Jeff Rose (NV)

WELL-QUALIFIED

Troy Smith (CP)

Lisa East (TP)

David West (NV)

Beth Williams (NV)

QUALIFIED

Scott Ellis (CPS)

Theresa North (CP)

Mary Redd (XP)

Jason Allen (NV)

Jack Scott (NV)

• 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.

Augmented Scores

100 NV Sam Brown 99 NV Jeff Rose 98 XP Bill White----------------------------------- 97 TP Julie Blue 97 NV David West 95 TP Lisa East 95 NV Beth Williams 90 CP Troy Smith 88 NV Jack Scott 85 CPS Scott Ellis 85 CP Teresa North 85 XP Mary Redd 80 NV Jason Allen

Prioritize 10-Point (CPS/CP)

90 CP Troy Smith 85 CPS Scott Ellis 85 CP Teresa North-----------------------------------100 NV Sam Brown 99 NV Jeff Rose 98 XP Bill White 97 TP Julie Blue 97 NV David West 95 TP Lisa East 95 NV Beth Williams 88 NV Jack Scott 85 XP Mary Redd 80 NV Jason Allen

Prioritizing CPS/CP - “Rule of Three”

Prioritizing CPS/CP - “Category Rating”BEST-QUALIFIED

Bill White (XP)

Julie Blue (TP)

Sam Brown (NV)

Jeff Rose (NV)

WELL-QUALIFIED

Troy Smith (CP)

Lisa East (TP)

David West (NV)

Beth Williams (NV)

QUALIFIED

Scott Ellis (CPS)

Theresa North (CP)

Mary Redd (XP)

Jason Allen (NV)

Jack Scott (NV)

• 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.

92 CPS Patricia Lavender227 Main StreetFort Collins, CO 80527jgreen@fakemail.com

100 NV Bob White108 Walnut AveKansas City, MO 64105lred@fakemail.com

98 TP Sally Violet23 Garfield BlvdHouston, TX 77008bwhite@fakemail.com

Yes

Yes

No

“Category Rating” Ranking ListBEST-QUALIFIED

Scott Ellis (CPS)

Theresa North (CP)

Troy Smith (CP)

Bill White (XP)

Julie Blue (TP)

Sam Brown (NV)

Jeff Rose (NV)

WELL-QUALIFIED

Lisa East (TP)

David West (NV)

Beth Williams (NV)

QUALIFIED

Mary Redd (XP)

Jason Allen (NV)

Jack Scott (NV)

Yes

Yes

Yes

Yes

Yes

Three Considerations• A 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

1st Selection

Troy Smith CPScott Ellis CPSTeresa North CP-------------------Sam Brown NVJeff Rose TPBill White NVJulie Blue NVDavid West NV

2nd Selection

Troy Smith CP

Teresa North CP-------------------Sam Brown NVJeff Rose TPBill White NVJulie Blue NVDavid West NV

3rd Selection

Troy Smith CP

Sam Brown NV--------------------Jeff Rose TPBill White NVJulie Blue NVDavid West NV

4th Selection

Troy Smith CPSam Brown NV

--------------------Bill White NVJulie Blue NVDavid West NV

1st Consideration

2ndConsideration

3rdConsideration

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.

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.

Examples of Excepted Service Positions

• Schedule A Positions• Schedule B Positions (SCEP, STEP, FCIP)• Schedule C Positions• Attorneys

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 302.101(c).

• However, each agency shall follow the principle of veterans’ preference “as far as administratively feasible.”

Veterans Recruitment Appointment (VRA) Authority

• Special Appointing Authority• GS-11 or lower positions• Excepted Service• Veterans' 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.

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 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.

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.

Questions?