OPM Capped Top Performance Ratings at 40%. Here's Why It Now Matters in a RIF.
OPM's new cap on performance ratings means no more than 40 percent of General Schedule employees at an agency can receive the top two ratings, combined. That would matter on its own because of bonuses. It matters more because OPM has also made performance the first factor in deciding who keeps their job in a reduction in force (RIF). Here is what federal employees need to know, and what you can do about your own rating.
What OPM's September 21 Memo Does
On September 21, OPM told every agency that no more than 40 percent of General Schedule employees may receive the top two rating levels combined. There is no cap on the bottom. OPM describes the limit as "a ceiling, not a target." In practice, it means at least 60 percent of GS employees will be rated at Level 3 (Fully Successful) or lower this cycle.
The Money Follows the Cap
OPM says a bonus for a Fully Successful rating should top out at three percent. At the top tier, agencies can now award up to $25,000 without OPM sign-off. OPM has also said it will use this year's results to set future cap levels.
Your Supervisor Now Proposes, a Panel Decides
Under the new process, your supervisor proposes your rating and a calibration panel gets the last look. One FEMA supervisor told Federal News Network, "This process seems to me intended to limit first-line supervisors from rewarding high achievers."
Why Your Rating Now Follows You Into a RIF
A bonus lasts one year. Your rating can follow you much longer. Under OPM's July RIF rule, performance comes first in determining retention, and seniority and tenure act as tiebreakers. That means that in a RIF, an employee rated Level 3 ranks behind employees rated Level 4 or 5.
Is This Being Challenged?
Yes. Unions led by AFGE are challenging the rating changes in federal court. So far, nothing has stopped them from taking effect. OPM has also said that agencies continue to follow union contracts that bar forced distributions or allow grievances over ratings until those contracts expire, so if you are in a bargaining unit, read your contract.
What Federal Employees Can Do Now
- Build your evidence. OPM's own guidance says ratings must be supported by documented evidence. Make sure the record of your accomplishments is strong and specific.
- Write the self-assessment, even if it is optional. Write it for a panel that has never met you. Use concrete results, dates, and outcomes.
- Keep a copy. Save your self-assessment and any rating documents outside the performance system so you have them later.
- Know when a rating becomes something more. A rating by itself usually cannot be appealed to the Merit Systems Protection Board. A rating that turns into a performance improvement plan (PIP), a RIF notice, or retaliation for an EEO complaint is a different situation, with different rights.
If Your Rating Has Already Turned Into a Problem
If a rating has already led to a PIP, a RIF notice, or what looks like retaliation, the federal employment attorneys at Southworth PC represent federal employees nationwide and can help you understand your options.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.