COMDTINST 12335.4A
reduction-in-force regulations);
e. Transfer to a position at a higher grade or with more promotion potential than a position
previously held on a permanent basis in the competitive service; and
f. Reinstatement to a permanent or temporary position at a higher grade or with more
promotion potential than a position previously held on a permanent basis in the
competitive service.
10. PERSONNEL ACTIONS NOT COVERED BY MERIT PROMOTION. Competitive
procedures do not apply to:
a. A promotion resulting from the upgrading of a position without significant change in the
duties and responsibilities due to issuance of a new classification standard or the
correction of an initial classification error;
b. A position change permitted by reduction-in-force regulations; adverse action decisions,
or legal settlement agreements;
c. A promotion of an employee who was appointed to a position which was intended to
prepare the employee for promotion, commonly referred to as a career ladder promotion.
The intent should be documented in the vacancy announcement and annotated on the
Standard Form (SF)-50, Notification of Personnel Action. Noncompetitive promotions in
career ladder positions are management decisions based on a prior record demonstrating
the promotion potential of the position and the manager's determination that the
incumbent has demonstrated the ability to perform at the higher grade level;
d. A promotion resulting from an employee's position being classified at a higher grade
because of additional duties and responsibilities;
e. A temporary promotion, or detail to a higher grade position or a position with known
promotion potential, of 120 days or less;
f. Promotion to a grade previously held on a permanent basis in the competitive service (or
in another merit system with which OPM has an interchange agreement) from which an
employee was separated or demoted for other than performance or conduct reasons;
g. Promotion, reassignment, demotion, transfer, reinstatement, or detail to a position having
promotion potential no greater than the potential of a position an employee currently
holds or previously held on a permanent basis in the competitive service (or in another
merit system with which OPM has an interchange agreement) and did not lose because of
performance or conduct reasons; and
h. Consideration of a candidate not given proper consideration in a prior competitive
promotion action.
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