All positions held by employees who opt for the Program that are not filled by means of transfers shall be declared as vacant positions and the Director of the OMB shall exercise his/her discretion to eliminate the same in consultation with the agencies, based on service needs and the fiscal situation of the agency. Vacant positions resulting from the retirement of employees under § 8883(c) of this title that are not eliminated may be filled after one fiscal year, with the previous certification by the corresponding agency and the OMB, that it is necessary for the proper operation of the agency and that the necessary funds are available.
History —July 2, 2010, No. 70, § 18.