OPM Eliminates 52-Week Time-in-Grade Rule for Federal Promotions

The Office of Personnel Management has scrapped the 52-week time-in-grade requirement that barred federal employees at GS-6 and above from competing for promotion, under a final rule published in the Federal Register on Monday, 19 October 2026. The rule, titled “Elimination of Time-in-Grade,” takes effect January 19, 2027, and removes subpart F of 5 CFR part 300 together with conforming amendments to parts 315, 316, 352 and 410. It is published as document 2026-21319, under Docket ID OPM–2026–0067 and RIN 3206–AP05.

The restriction dates to the Whitten Amendment, section 1302 of the Supplemental Appropriation Act, 1951 (Public Law 81–843, 64 Stat. 1044, 1066, 27 September 1950), enacted during the Korean conflict to prevent an uncontrolled buildup of higher-graded positions. That statute expired on 14 September 1978, but the Civil Service Commission, OPM’s predecessor, chose to preserve the restriction in regulation, most recently recodified at 56 FR 23002 (20 May 1991). OPM proposed repeal on 28 May 2026 (91 FR 31669) and received 75 public comments during the 60-day window that closed on 27 July 2026.

What the rule removes

Under the prior text, a candidate generally could not advance to a covered competitive service position at GS-6 or above without completing 52 weeks in a position no more than one grade lower — or, for GS-6 through GS-11 positions in lines of work properly classified at two-grade intervals, no more than two grades lower. The final rule eliminates that calendar bar and, with it, several ancillary requirements:

• The computation of creditable service under former 5 CFR 300.605, including conversion of non-General Schedule service by comparing rates of basic pay.
• Agency-head approval of exceptions under former 5 CFR 300.603(b)(7) and OPM authorization of additional exceptions under § 300.603(b)(8).
• OPM approval of training agreements providing for consecutive accelerated promotions, and the limit of two promotions in any 52-week period on the basis of such agreements.
• The authority at former 5 CFR 300.606 allowing agencies to expand on the restrictions or adopt similar policies.

What remains unchanged

OPM stressed that eliminating time-in-grade creates eligibility for consideration, not an entitlement to promotion. Employees must still meet OPM qualification standards, agency job-related requirements, classification rules and merit promotion procedures under 5 CFR part 335, which govern how agencies rate, rank and select candidates. The rule also leaves untouched within-grade increases under 5 U.S.C. 5335, Quality Step Increase authority under 5 U.S.C. 5336, veterans’ preference and VEOA competition under 5 U.S.C. 3304(f), and collective bargaining obligations under 5 U.S.C. chapter 71. Agencies may keep their own job-related service periods or career-ladder progression intervals, provided they are established in advance, published in merit promotion plans and applied consistently.

The comment record

Of the 75 comments, 41 supported elimination, 11 opposed it and the remainder proposed conditions, safeguards or targeted alternatives rather than outright rejection. Supporters described promotions deferred solely because 52 weeks had not elapsed, employees performing GS-12 or GS-13-level work while capped at lower grades, and experience gained through details, temporary promotions, military service or certification that time-in-grade did not credit. One commenter calculated that the nominal 52-week period, once hiring-pipeline processing is counted, regularly runs 15 to 18 months. Opponents argued the rule weakens a guardrail against favoritism; OPM replied that time-in-grade never evaluated qualifications and that the merit system principles in 5 U.S.C. 2301 and 2302, plus part 335 documentation duties, provide the real check.

Cost and implementation

OPM estimates first-year implementation at 250 hours per agency, or about $39,075, and roughly $3,126,000 governmentwide, based on a fully loaded labor cost of $156.30 per hour derived from the 2026 GS-14, step 5, Washington-DC locality rate. The agency said the estimate is conservative because it does not monetize the recurring administrative work the rule eliminates. The 90-day effective date is intended to give agencies time to revise merit promotion plans, satisfy bargaining obligations and train supervisors and human resources staff; OPM will issue implementation guidance covering training agreements, documentation of agency-set requirements, model promotion criteria and career-ladder positions. Director Scott Kupor approved the document, which OPM said is consistent with Executive Order 14170 and its Merit Hiring Plan.

The change reaches a substantial share of the career civil service: time-in-grade never applied to Federal Wage System employees, pay-banded positions, most of the excepted service or advancement up to GS-5, so the repeal mainly affects internal competitive-service promotions. For agencies, it removes a recurring eligibility determination on every covered promotion action; for employees, it means readiness, not the calendar, becomes the gate — though OPM concedes it cannot quantify the resulting shift in promotion volume, grievance activity or litigation risk.

Source: Federal Register, Vol. 91, No. 200, 19 October 2026, Rules and Regulations, p. 65887 (official reference: 2026-21319).