Fair Reduction-in-Force Practices Act of 1982

Fair Reduction-in-Force Practices Act of 1982 - Prohibits any executive agency, the Government Printing Office, or the Library of Congress from conducting a reduction-in-force unless, and only to the extent that, the agency has not been able to respond to the reason for the proposed reduction-in-force by: (1) instituting general cost-reduction measures or voluntary personnel cost-reduction measures; (2) establishing programs for eliminating inefficient or wasteful agency practices; (3) transferring available funds between programs and activities; (4) limiting hiring or promotions; (5) transferring personnel to positions that become available through attrition; (6) eliminating unessential overtime, holiday, and premium pay; (7) limiting the hours of intermittent employees and reducing the use of temporary employees; (8) reassigning employees to positions funded by trust or revolving accounts; (9) detailing employees; (10) assigning employees to State or local governments; or (11) any combination of such methods.

Requires an agency head to notify the exclusive representative representing any employee who would be affected by a proposed reduction-in-force of any determination of a need for a reduction-in-force. Sets forth procedures governing collective bargaining over a reduction-in-force. Directs each agency to: (1) establish a program of consultation with organizations of managerial personnel who are not subject to collective bargaining; (2) inform any such organization of any proposed reduction-in-force that would affect any of its personnel; (3) provide such organization with a reasonable opportunity to present its views and recommendations; (4) consider such views and recommendations; and (5) provide such organization with a written statement explaining any persisting need for a reduction in force after considering and implementing appropriate recommendations.

Permits an agency to conduct a reduction-in-force after satisfying the previous requirements of this Act if: (1) it submits reports concerning the proposed reduction-in-force to the Office of Personnel Management (OPM) and the General Accounting Office; and (2) such offices certify on the basis of such reports that the requirements of this Act have been met. Requires the report to the OPM to: (1) describe the actions to be taken, the reasons the reduction-in-force is necessary, all alternatives and proposals considered and implemented, and the anticipated impact of the proposed reduction-in-force on the operations and management of the agency; and (2) provide any views and recommendations submitted by employee or management representatives. Requires that the report to the GAO: (1) indicate the estimated total cost to the Government of the proposed reduction-in-force; and (2) compare the estimated savings, over three years, anticipated through the proposed reduction-in-force with the estimated savings anticipated through the alternatives and proposals considered and implemented. Requires such reports to be submitted to specified congressional committees and made available to certain subcommittees.

Permits an agency to issue notice of a proposed reduction-in-force to employees no earlier than ten days after the date both the OPM and the GAO have certified that the requirements of this Act have been met. Entitles an affected employee to at least 30 days advance notice. Requires such notice to specify: (1) the personnel action to be taken and its effective date; (2) the information used in determining the employee's standing in the competition for retention; (3) the place where and time when the employee may inspect records pertaining to his or her case; (4) any exceptions to the general order of release; and (5) the employee's right to appeal to the Merit Systems Protection Board.

Directs the OPM to establish a Government-wide retention register for each occupational category. Requires the name of each employee specifically notified of a reduction-in-force to be placed on the register for each occupation for which the employee is qualified.

Directs the OPM to prescribe regulations prohibiting an agency from filling a vacant position by a new appointment, transfer, reemployment, reassignment, or promotion unless the OPM determines that there is no qualified individual on the appropriate retention register. Directs the OPM to match each individual on the register with the available position for which the individual is best suited and, if the individual is qualified for more than one position, with the position which would be the least disruptive for the individual (considering the duties, pay, work schedule, and location of the position). Requires the OPM to certify to the appointing authority of an agency the name of each individual matched to a position of such agency.

Requires an agency to offer an appointment to such a certified individual unless it objects and shows that: (1) appointment of another person is necessary to prevent substantial disruption to an essential agency function or to increase the percentage of women and minorities in the work force to the percentage as of April 1, 1981; or (2) the agency intends to withdraw the vacancy or to leave the position vacant for reasons acceptable to the OPM.

Entitles an individual to remain on appropriate retention registers and to be considered for employment for two years. Requires the individual's name to be removed from such registers if: (1) the individual requests that he or she no longer be considered for employment; (2) the personnel action under the proposed reduction-in-force does not take effect; (3) the individual accepts an offer of an appointment under this Act; or (4) the individual is offered a position within the same commuting area and with the same pay, grade, and work schedule as the position from which the individual was released. Entitles individuals who have been affected by or notified of a reduction-in-force since April 1, 1981, to be placed on retention registers upon application.

Requires the OPM to prescribe regulations prohibiting an agency from filling a vacant position by new appointment, transfer, reemployment, reassignment, or promotion, even if there is no qualified individual on the retention registers, if there is available a person who, notwithstanding any minimum qualification requirements for the position: (1) receives specific notice of a proposed reduction-in-force and applies for consideration for vacant positions; (2) meets the educational requirements for the position; and (3) the agency determines can reasonably be expected to satisfactorily perform the duties of such position within 180 days of appointment (with training, if necessary). Prohibits an agency from evaluating the performance of such an employee before 180 days after the employee is appointed; but, afterwards, allows the agency to remove such employee for unacceptable performance. Disqualifies from such assignment program any individual who fails to achieve an acceptable performance rating in two consecutive positions. Permits individuals who have been notified of or affected by a reduction-in-force since April 1, 1981, to be assigned under such program upon application.

Directs the OPM to require agencies to transmit, at least monthly, a list of the employees notified of a reduction-in-force and a list of positions the agency plans to fill during the next six months. Requires the OPM to make a list of all such positions available to such employees for inspection.

Requires the OPM to submit a biannual report to the President and to specified congressional committees on the implementation of the provisions of this Act. Specifies contents of such report.

Extends (from one to two years) the period in which a member of the Senior Executive Service (SES), removed because of a reduction-in-force, must apply in order to be reinstated to a vacant SES position. Declares that such a member shall be qualified for such a vacant position if the agency head determines that such member can reasonably be expected to receive a performance rating at any of the fully successful levels for an appraisal period of between 180 and 365 days.

Permits early retirement eligibility for employees who are separated from service voluntarily only if such separations are necessary to prevent involuntary separations, grade reductions, furloughs, or reassignments that would otherwise result because of a reorganization, reduction-in-force, or transfer of functions.

Entitles an individual who has completed five years of civilian service and who, because of a reduction-in-force, is separated from service or transferred to a position which is not under the civil service retirement system to: (1) restoration of full civil service annuity rights upon depositing the full amount of any lump sum credit the individual received after being separated or transferred; or (2) partial restoration of annuity rights for partial or no deposit of such lump sum credit. Permits the survivor of such an individual to make such deposit for purposes of obtaining a survivor annuity.