Title 5--ADMINISTRATIVE PERSONNEL
Chapter I--OFFICE OF PERSONNEL MANAGEMENT


to all incumbents of such positions. Except as expressly provided in the rule concerned, the rules in this subchapter shall not apply to positions and employees in the...


excepted therefrom by or pursuant to statute or by the Office of Personnel Management (hereafter referred to in this subchapter as OPM) under Sec. 6.1 of...


``classified (competitive) service'', or ``classified civil service'' as defined in existing statutes and executive orders. (b) Competitive position shall mean a position...


excepted from the requirements of the Civil Service Act or from the competitive service by or pursuant to statute or by OPM under Sec. 6.1 of this subchapter. ...


competitive service which will fairly test the relative capacity and fitness of the persons examined for the position to be filled. OPM is authorized to establish standards...


which will permit adjustment of the career service to necessary fluctuations in Federal employment, and provide an equitable and orderly system for stabilizing...


positions in agencies' headquarters offices which are located within the metropolitan area of Washington, DC, shall be made so as to maintain the apportionment of appointments...


or otherwise assigned, for the first time, to supervisory or managerial positions shall be required to serve a probationary period under terms and...


time limits, or other requirements as OPM may prescribe the following classes of persons may acquire a competitive status without competitive examination: ...


to be appointed, OPM may authorize an appointment in the competitive service without competitive examination whenever it finds that the duties or compensation of the position...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR3.3] [Page 10] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 3--NONCOMPETITIVE ACQUISITION OF STATUS (RULE III)--Table of Contents Sec. 3.3 Conversion of appointments. Any person who acquires a competitive status under this part shall have his appointment converted to career-conditional appointment unless he meets the service requirement for career appointment prescribed under Sec. 2.2(a) of this subchapter. ...


his official authority or influence for the purpose of interfering with an election or affecting the result thereof. No person occupying a position in the competitive...


take or recommend any personnel action with respect to any person who is an employee in the competitive service or any eligible or applicant for a position in the...


the competitive [[Page 11]] service for the purpose of either improving or injuring the prospects of any applicant for appointment. [28 FR 10024, Sept. 14, 1963,...


out the provisions of the Civil Service Act and the Veterans' Preference Act, as reenacted in title 5, United States Code, the Civil Service Rules, and all other statutes...


all Executive orders imposing responsibilities on the Office by: (a) Investigating the qualifications and suitability of applicants for positions in the...


Executive orders, by: (1) Instructing an agency to separate or take other action against an employee serving an appointment subject to investigation when...


Protection Board, or by authorized representatives of these bodies, agencies shall make available to them, or to their authorized representatives, employees to testify...


appointments thereto through competitive examination are not practicable. These positions shall be listed in OPM's annual report for the fiscal year in which the...


schedules shall constitute parts of this rule, as follows: Schedule A. Positions other than those of a confidential or policy- determining character for which it is...


persons without civil service eligibility or competitive status and such persons shall not acquire competitive status by reason of such appointment: Provided, That OPM, in...


apply to removals from positions listed in Schedules A and C or from positions excepted from the competitive service by statute. The Civil Service Rules and Regulations shall...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR6.5] [Page 13] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 6--EXCEPTIONS FROM THE COMPETITIVE SERVICE (RULE VI)--Table of Contents Sec. 6.5 Assignment of excepted employees. No person who is serving under an excepted appointment shall be assigned to the work of a position in the competitive service without prior approval of OPM. ...


of OPM's decision making these changes shall be published in the Federal Register. [E.O. 11315, 3 CFR, 1966-1970 Comp., p. 597, as amended by E.O. 12043, 43 FR 9773,...


system determine it to be in the interest of good administration and consistent with the intent of the civil service laws and any other applicable laws, they may enter into...


the principal representative of the Secretary in their respective regions shall be listed in Schedule C for grades not exceeding grade GS-15 of the General Schedule, and shall...


a civil service register or by noncompetitive selection of a present or former Federal employee, in accordance with the Civil Service Regulations. He shall exercise...


service and the excepted service) by any agency in the executive branch of the Government for employment in any other agency, and governing the establishment, granting,...


person shall be given any appointment in the competitive service unless such person is a citizen or national of the United States. (c) OPM may, as an exception to this rule...


under the preceding Rules, OPM may, by the regulations prescribed by it, authorize the recruitment and appointment of persons to such positions as provided in Sec....


service without regard to the competitive requirements of the Civil Service Act. Persons so recruited who meet the qualification standards and other requirements of OPM...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR8.3] [Page 15] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 8--APPOINTMENTS TO OVERSEAS POSITIONS (RULE VIII)--Table of Contents Sec. 8.3 Appointment of persons not citizens of the United States. Persons who are not citizens of the United States may be recruited overseas and appointed to overseas positions without regard to the Civil Service Act. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR8.4] [Page 15] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 8--APPOINTMENTS TO OVERSEAS POSITIONS (RULE VIII)--Table of Contents Sec. 8.4 Positions excepted from the application of this part. This part shall not apply to positions in Hawaii, Puerto Rico, the Virgin Islands, and Alaska, and on the Isthmus of Panama. ...


terms are defined in chapter 1 of title 5, United States Code, but does not include the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense...


civilian employees, including positions and employees in the competitive, excepted, and Senior Executive services, in a manner and at times prescribed by the Director....


defined in Rule IX, but does not include a Government corporation or the General Accounting Office; and (b) 'Merit system principles' means the principles for Federal...


agency to establish and maintain a system of accountability for merit system principles that (1) Sets standards for applying the merit system principles, (2) Measures...


may review the human resources management programs and practices of any agency and report to the head of the agency and the President on the effectiveness of these...


to provide notice of its new regulations. Each special bulletin will transmit: (a) A reprint of the notice of rulemaking which appears in the Federal Register. ...


for review. Offices receiving the reprints of notices of rulemaking described in Sec. 110.101(a) will make them available for review upon request. Each office will complete...


the Paperwork Reduction Act of 1980 (Pub. L. 96-551), control numbers assigned by the Office of Management and Budget must be displayed with agency information...


(b) State or local agency means the executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof. (c)...


the widest extent consistent with the restrictions imposed by law and this part. A State or local officer or employee may participate in all political activity...


(a) Use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; or (b) Directly or...


or an individual authorized by law to act as Governor; (b) The Mayor of a city; (c) A duly elected head of an executive department of a State or municipality who...


``National Security Information,'' and Information Security Oversight Office Directive No. 1 concerning national security information. [45 FR 995, Jan....


request a mandatory review of any classified document, held by the Office of Personnel Management, which was classified for national security purposes by the Civil...


(OPM) under the Federal Tort Claims Act, as amended, for money damages against the United States for injury to or loss of property or personal injury or death caused...


and 2675, a claim is deemed to have been presented when OPM receives from a claimant, his or her authorized agent or legal representative, an executed Standard Form 95...


property, his or her authorized agent or legal representative. (b) A claim for personal injury may be presented by the injured person, his or her authorized agent or...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR177.104] [Page 21] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 177--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT--Table of Contents Sec. 177.104 Investigations. OPM may investigate, or may request any other Federal agency to investigate, a claim filed under this part. ...


may be required to submit the following evidence or information: (1) An authenticated death certificate or other competent evidence showing cause of death, date of...


to consider, ascertain, adjust, determine, compromise, and settle claims under the provisions of 28 U.S.C. 2672, and this part. The General Counsel, in his or...


excess of $25,000 can be effected only with the prior written approval of the Attorney General or his or her designee. For purposes of this paragraph, a principal claim and...


the Department of Justice is otherwise to be requested, under Sec. 177.107, the written referral or request will be transmitted to the Department of Justice by the General Counsel...


attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial. But, it must include...


Standard Form 95 (Claim for Damage, Injury or Death); a claims settlement agreement; and a Standard Form 1145 (Voucher for Payment), as appropriate. When a claimant is represented by...


to Deceased Beneficiaries Sec. 178.101 Scope of subpart. Authority: 31 U.S.C. 3702; 5 U.S.C. 5583; 38 U.S.C. 5122; Pub. L. No. 104-53, 211, Nov. 19,...


to Deceased Beneficiaries Sec. 178.102 Procedures for submitting claims. (a) Content of claims. Except as provided in paragraph (b) of this section, a...


to Deceased Beneficiaries Sec. 178.103 Claim filed by a claimant's representative. A claim filed by a claimant's representative must be supported by a...


to Deceased Beneficiaries Sec. 178.104 Statutory limitations on claims. (a) Statutory limitations relating to claims generally. Except as provided...


to Deceased Beneficiaries Sec. 178.105 Basis of claim settlements. The burden is upon the claimant to establish the timeliness of the claim, the liability...


to Deceased Beneficiaries Sec. 178.106 Form of claim settlements. OPM will send a settlement to the claimant advising whether the claim may be allowed in...


to Deceased Beneficiaries Sec. 178.107 Finality of claim settlements. (a) The OPM settlement is final; no further administrative review is available...


Authority: 5 U.S.C. 5581, 5582, 5583. (a) Accounts covered. This subpart prescribes forms and procedures for the prompt settlement of accounts of deceased civilian...


(a) The term deceased employees as used in this part includes former civilian officers and employees who die subsequent to separation from the employing agency. (b) The term...


(a) Agency notification. The employing agency shall notify each employee of his or her right to designate a beneficiary or beneficiaries to receive money due, and of...


To facilitate the settlement of the accounts of the deceased employees, money due an employee at the time of the employee's death shall be paid to the person or...


(a) Claim form. As soon as practicable after the death of an employee, the agency in which the employee was last employed will request, in the order of...


All unnegotiated United States Government checks drawn to the order of a decedent representing money due as defined in Sec. 178.202, and in the possession of...


(a) District of Columbia and Government corporations. Claims for unpaid compensation due deceased employees of the government of the District of Columbia shall be paid...


When not in conflict with this subpart, the provisions of subpart A of this part relating to procedures applicable to claims generally are also applicable to...


collection, compromise, termination, and referral to the Department of Justice of claims for money and property that are prescribed in the regulations issued jointly by...


designated by the Director and authorized to perform all the duties for which the Director is responsible under the Debt Collection Act of 1982 and Office of...


purpose of the Debt Collection Act of 1982 (Pub. L. 97-365), is to provide a comprehensive statutory approach to the collection of debts due the Federal Government. These...


Federal employee's pay by salary offset to satisfy certain debts owed the Government. (b) These regulations apply to all collections by the Director of OPM (except...


means: (1) An Executive Agency as defined by section 105 of title 5, United States Code; (2) A military department as defined by section 102 of title 5, United...


those involving retirement, life, and health insurance debts for recovery by the Associate Director for Retirement and Insurance) in instances where: (a) OPM...


employee from requesting waiver of an overpayment under 5 U.S.C. 5584, 10 U.S.C. 2774, 32 U.S.C. 716, or in any way questioning the amount or validity of a debt by submitting...


not be made unless the creditor agency provides the employee with written notice that he/she owes a debt to the Federal government a minimum of 30 calendar days before...


employee who desires a hearing concerning the existence or amount of the debt or the proposed offset schedule must send such a request to the office designated in the notice...


agency in all cases where: (1) The hearing official determines that a debt exists; (2) The employee fails to contest the existence and amount of the debt by failing...


notice of intent, an employee may propose to repay the debt by making voluntary installment payments as an alternative to salary offset. An employee who wishes to repay a...


may, at any time, request a special review by the Office of the amount of the salary offset or voluntary payment, based on materially changed circumstances such as, but...


OPM payroll office will send the OPM employee, identified in the certification as the debtor, a written notice of salary offset. Such notice shall, at a minimum: ...


deductions under this subpart. (b) OPM payroll office shall determine the amount of an employee's disposable pay and implement the salary offset. (c)...


(1) The Director or his or her designee shall coordinate debt collections with other agencies and shall, as appropriate: (i) Arrange for a hearing or special...


administrative costs on debts owed pursuant to 31 U.S.C. 3717 and 4 CFR part 101.1 et seq. Penalties and administrative costs will be assessed on all delinquent debts. ...


5 U.S.C. 5514 when: (1) The debt is waived or otherwise found not to be owing the United States (unless expressly prohibited by statute or regulation); or (2)...


Office will provide a hearing official upon request of the creditor agency when the debtor is employed by the Office and the creditor agency cannot provide a prompt and...


a debt collected under this subpart must not be construed as a waiver of any rights which the employee may have under 5 U.S.C. 5514 or any other provision of contract or...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR179.218] [Page 38] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 179--CLAIMS COLLECTION STANDARDS--Table of Contents Subpart B--Salary Offset Sec. 179.218 Additional administrative collection action. Nothing contained in this subpart is intended to preclude the use of any other administrative remedy which may be appropriate. ...


These regulations apply to the collection of debts owed to the United States arising from transactions with OPM other than those involving...


payable by the United States Government to, or held by the Government for, a person to satisfy a debt the person owes the Government. Person, includes a...


from a person under section 3(a) of the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711(a)), may collect the debt by administrative offset subject to...


notice of intent to offset shall be sent to the debtor by certified mail, return receipt requested, at the most current address that is available to OPM. The notice...


40]] debt, or the terms of repayment. The request to review a disputed debt must be received by the OPM official identified in the notification within...


debt collected by administrative offset will be afforded an opportunity to negotiate a written agreement for the repayment of the debt. If the financial condition of the...


the time specified in Sec. 179.305 or, if as a result of the review, it is determined that the debt is due and no written agreement is executed, then administrative...


made to the debtor prior to the completion of the procedures required by Sec. Sec. 179.304 and 179.305 if failure to take the offset would substantially jeopardize OPM's ability...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR179.309] [Page 41] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 179--CLAIMS COLLECTION STANDARDS--Table of Contents Subpart C--Administrative Offset Sec. 179.309 Additional administrative procedures. Nothing contained in this chapter is intended to preclude the use of any other administrative remedy which may be available. ...


of Personnel Management to settle and pay (including replacement in kind) claims of officers and employees of OPM, amounting to not more than $15,000, for damage to or...


whose claims arose out of incidents which occurred before their separation; (3) The authorized agent or legal representative of persons in Secs. 180.102(a)(1)...


armed conflict occurs within the 2-year period following accrual, when claimant shows good cause, the claim may be presented within 2 years after the cause ceases to exist but...


wrongful act of the claimant, claimant's agent, a member of claimant's family, or claimant's private employee (the standard to be applied is that of reasonable care under...


act of the claimant, claimant's agent, claimant's employee, or a member of claimant's family; (2) The damage or loss occurred in quarters occupied by the claimant...


insurer: (1) Whenever property is damaged or lost while being shipped pursuant to authorized travel orders, the owner must file a written claim for reimbursement with the...


excess of $500 shall be filed with the Office of the General Counsel, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415. Claims shall be in...


and arising under this part. The General Counsel is authorized to settle and pay any claim not exceeding $15,000 and arising under this part. Unless cognizable under...


at 31 U.S.C. 3801-3812. Section 3809 requires each authority head to promulgate regulations necessary to implement the provisions of the statute. The subpart...


or detailed to the authority pursuant to 5 U.S.C. 3344. Authority means the Office of Personnel Management (OPM). Authority head means the Director of the Office...


a civil penalty of not more than $5,000, where the person makes a claim and knows or has reason to know that the claim: (1) In false, fictitious, or fraudulent; ...


or she may issue a subpoena. (1) The subpoena so issued shall notify the person to whom it is addressed of the authority under which the subpoena is issued and...


there is adequate evidence to believe that a person is liable under Sec. 185.103, the reviewing official shall transmit to the Attorney General a written notice of...


Justice approves the issuance of a complaint in a written statement described in section 3803(b)(1) of title 31 of the United States Code, and (2) In the case...


31 of the United States Code, the reviewing official may serve a complaint on the defendant, as provided in Sec. 185.108. (b) The complaint shall state the following: ...


of the Federal Rules of Civil Procedure. Service is complete upon receipt. (b) Proof of service, stating the name and address of the person on whom the complaint was served,...


(b) In the answer, the defendant: (1) Shall admit or deny each of the allegations of liability made in the complaint; (2) Shall state any defense on which the...


may refer the complaint to the ALJ. [[Page 53]] (b) Upon the referral of the complaint, the ALJ shall promptly serve on the defendant in the...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR185.111] [Page 53] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 185--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 185.111 Referral of complaint and answer to the ALJ. Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ. ...


manner prescribed by Sec. 185.108. At the same time, the ALJ shall send a copy of such notice to the reviewing official or his or her designee. (b) Such notice...


transacts business; (2) In any judicial district of the United States in which the claim or statement in issue was made; or [[Page 54]] (3) In such other...


shall be represented by the members of the Office of the General Counsel. (c) Pursuant to section 3730(c)(5) of title 31, United States Code, a private plaintiff under...


preparing, or presenting a particular case may not, in such case or a factually related case: (1) Participate in the hearing as the ALJ; (2) Participate...


a case, unless on notice and opportunity for all parties to participate. This provision does not prohibit a person or party from inquiring about the status of a case or...


(b) A party may file with the ALJ a motion for disqualification of a reviewing official or an ALJ. Such motion shall be accompanied by an affidavit alleging personal bias...


(b) Participate in any conference held by the ALJ; (c) Conduct discovery as provided under Sec. 185.122; (d) Agree to stipulations of fact or law, which shall...


made. (b) The ALJ has the authority to: (1) Set and change the date, time, and place of the hearing upon reasonable notice to the parties; (2) Continue...


least one prehearing conference at a reasonable time in advance of the hearing. (c) The ALJ may use prehearing conferences to discuss the following: ...


any relevant and material documents, transcripts, records, and other materials that relate to the allegations set out in the complaint and upon which the findings...


(2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact; (3) Written interrogatories; and (4) Depositions. ...


the parties shall exchange witness lists, copies of prior statements of proposed witnesses, and copies of proposed hearing exhibits, including copies of any written statements...


the ALJ issue a subpoena. (b) A subpoena requiring the attendance and testimony of an individual may also require the individual to produce documents at the hearing. ...


an opposing party or with respect to the hearing, seeking to limit the availability or disclosure of evidence. (b) In issuing a protective order, the ALJ may make any...


Federal Rules of Evidence. However, the ALJ may apply the Federal Rules of Evidence where appropriate, e.g. to exclude unreliable evidence. (c) The ALJ shall...


a witness in a proceeding in United States District Court. A check for witness fees and mileage shall accompany the subpoena when served, except that when a subpoena is...


in the proceeding shall contain a caption setting forth the title of the action, the case number assigned by the ALJ, and a designation of the paper (e.g., motion to...


act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed by the Federal Government, in which event...


and the facts alleged, and shall be filed with the ALJ and served on all other parties. (b) Except for motions made during a prehearing conference or at the...


an order, rule, or procedure governing the proceeding; (2) Failure to prosecute or defend an action; or (3) Engaging in other misconduct that interferes with the...


determine whether the defendant is liable for a civil penalty or assessment under Sec. 185.103 and, if so, the appropriate amount of any such civil penalty or assessment...


the authority head, upon appeal, should evaluate any circumstances that mitigate or aggravate the violation and should articulate in their opinions the reasons that support...


(b) At the discretion of the ALJ, testimony may be admitted in the form of a written statement or deposition. Any such written statement must be provided to...


exceed the actual cost of duplication. [[Page 61]] (b) The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers...


shall fix the time for filing such briefs, not to exceed 60 days from the date the parties receive the transcript of the hearing or, if applicable, the stipulated record....


and the amount of any penalties and assessments imposed. (b) The findings of fact shall include a finding on each of the following issues: (1) Whether the claims...


the initial decision within 20 days of receipt of the initial decision. If service was made by mail, receipt will be presumed to be 5 days from the date of mailing in the...


penalty or assessment may appeal [[Page 62]] such decision to the authority head by filing a notice of appeal with the authority head in accordance with...


transmits to the authority head a written finding that continuation of the administrative process described in this part with respect to a claim or statement may...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR185.141] [Page 62] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 185--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 185.141 Stay pending appeal. (a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the authority head. (b) No administrative stay is available following a final decision of the authority head. [[Page 63]] ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR185.142] [Page 63] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 185--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 185.142 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority head imposing penalties and/or assessments under this part and specifies the procedures for such review. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR185.143] [Page 63] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 185--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 185.143 Collection of civil penalties and assessments. Sections 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions. ...


185.142 or Sec. 185.143, or any amount agreed upon in a compromise or settlement under Sec. 185.146, may be collected by administrative offset under section 3716 of title...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR185.145] [Page 63] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 185--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 185.145 Deposit in Treasury of the United States. All amounts collected pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in section 3806(g) of title 31, United States Code. ...


to compromise or settle a case under this part at any time after the date on which the reviewing official is permitted to issue a complaint and before the date on...


after the date on which such a claim or statement is made. (b) If the defendant fails to file a timely answer, service of a notice under Sec. 185.110(b) shall be deemed...


most parts, the applicability of the part is stated specifically in the part or is otherwise apparent from the substance of the part. [[Page 64]] (b)...


apply throughout this chapter, except when a defined term is specifically modified in or specifically defined for the purpose of a particular part. (b) In...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR211.101] [Page 65] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 211--VETERAN PREFERENCE--Table of Contents Sec. 211.101 Purpose. The purpose of this part is to define veterans' preference and the administration of preference in Federal employment. (5 U.S.C. 2108) ...


honorable discharge or under honorable conditions from active duty in the armed forces performed-- (1) In a war; or, (2) In a campaign or expedition for which...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR211.103] [Page 65] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 211--VETERAN PREFERENCE--Table of Contents Sec. 211.103 Administration of preference. Agencies are responsible for making all preference determinations except for preference based on a common law marriage. Such a claim should be referred to OPM's General Counsel for decision. [[Page 66]] ...


meaning given that term by section 2102 of title 5, United States Code, and includes: (1) All civilian positions in the executive branch of the Federal Government...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR212.102] [Page 66] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 212--COMPETITIVE SERVICE AND COMPETITIVE STATUS--Table of Contents Subpart A--Competitive Service Sec. 212.102 Authority to make determinations. OPM determines finally whether a position is in the competitive service. Subpart B [Reserved] ...


an individual's basic eligibility for noncompetitive assignment to a competitive position. Competitive status is acquired by completion of a probationary period under...


in the competitive service when he has competitive status and is in a competitive position under a nontemporary appointment. (b) An employee in the competitive service...


section 2103 of title 5, United States Code, and includes all positions in the executive branch of the Federal Government which are specifically excepted from the...


whether the duties and requirements of any particular position justify exception from the competitive service. Upon favorable determination, OPM will authorize the position...


appointing authorities available for use by all agencies shall be published as regulations in the Federal Register and the Code of Federal Regulations. (b) Establishment...


(a) When OPM specifies that appointments under a particular Schedule A, B, or C authority must be temporary, intermittent, or seasonal, or when agencies elect to make...


examine. Schedule A Upon specific authorization by OPM, agencies may make appointments under this section to positions which are...


(b) [Reserved] (c) Positions to which appointments are made by the President without confirmation by the Senate. (d) Attorneys. (e) Law clerk trainee...


3161(a). Appointments may not exceed 3 years, but temporary organizations may extend the appointments for 2 additional years if the conditions for extension are related to...


hold a competitive examination. (a) Upon specific authorization by OPM, agencies may make appointments under this section to positions which are not of a confidential...


hold a competitive examination. (a) Upon specific authorization by OPM, agencies may make appointments under this section to positions which are not of a confidential...
...


agencies may make appointments under this section to positions which are policy- determining or which involve a close and confidential working relationship with the head of...


C positions necessary to assist a department or agency head during the 1- year period immediately following a change in presidential administration, when a new department...


career appointee, limited term appointee, limited emergency appointee, and noncareer appointee have the meanings set forth in section 3132(a) of title 5, United...


Office of Personnel Management guidelines, which of its positions should be included in the Senior Executive Service. (b) Agency determinations may be reviewed by...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR214.203] [Page 79] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 214--SENIOR EXECUTIVE SERVICE--Table of Contents Subpart B--General Provisions Sec. 214.203 Reporting requirements. Agencies shall report such information as may be requested by OPM relating to positions and employees in the Senior Executive Service. [60 FR 6385, Feb. 2, 1995] ...


system essentially equivalent to the Senior Executive Service (SES) may, pursuant to legislative and regulatory authorities, enter into an agreement providing for...


(2) of title 5, United States Code, an agency, or unit thereof, may be excluded only under the provisions of section 3132 (c) through (f) of...


(a) General positions, which may be filled by a career, noncareer, limited emergency, or limited term appointee. (b) Career reserved positions, which may be filled only by...


reserved positions in accordance with the regulations in this section. (b) A position shall be designated as a career reserved position if: (1) The position (except...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR214.403] [Page 80] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 214--SENIOR EXECUTIVE SERVICE--Table of Contents Subpart D--Types of Positions Sec. 214.403 Change of position type. An agency may not change the designation of an established position from career reserved to general, or from general to career reserved, without the prior approval of the Office of Personnel Management. ...


to take personnel actions in a national emergency disaster. (a) Upon an attack on the United States, agencies are authorized to carry out whatever...


to make emergency-indefinite appointments in a national emergency. (a) When a national emergency exists--(1) Definition. A national emergency must meet all of...


personnel action authorized by this chapter, each agency shall comply with the qualification standards and regulations issued by the Office of Personnel Management, the...


through a delegation agreement developed between the agency and OPM. The agreement will set forth the conditions for application of the delegated authorities....


If OPM finds that an agency has taken an action contrary to a law, rule, regulation, or standard which OPM administers, it may require the agency to take corrective action. OPM...


(a) The regulations in this part apply to all Federal executive branch departments and agencies and their officers and employees. (b) This part provides a framework for...


this part, an association or organization: (a) Must be a lawful, nonprofit organization whose constitution and bylaws indicate that it subscribes to minimum standards of...


representing Federal employees and other organizations means an organization other than a labor organization that can provide information, views, and services which...


Organizations Sec. 251.201 Associations of management officials and/or supervisors. (a) As part of agency management, supervisors and managers should...


Organizations Sec. 251.202 Agency support to organizations representing Federal employees and other organizations. (a) An agency may provide support services to...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR251.301] [Page 85] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 251--AGENCY RELATIONSHIPS WITH ORGANIZATIONS REPRESENTING FEDERAL EMPLOYEES AND OTHER ORGANIZATIONS--Table of Contents Subpart C--Dues Withholding Sec. 251.301 Associations of management officials and/or supervisors. Dues withholding for associations of management officials and/or supervisors is covered in 5 CFR 550.331. ...


Under 5 CFR 550.311(b), an agency may permit an employee to make an allotment for any legal purpose deemed appropriate by the head of the agency. Agencies may provide for...


development, maintenance, processing, use, dissemination, and safeguarding of personnel records which the Office of Personnel Management requires agencies to maintain...


Government corporation, Government controlled corporation, or other establishment in the Executive Branch of the Government (including the Executive Office of...


access to or involved in the creation, development, processing, use, or maintenance of personnel records are informed of pertinent recordkeeping regulations and requirements...


those records are in a system of records, used in whole or in part in making a determination about an individual's rights, benefits, or privileges under Federal personnel...


describing how individuals exercise rights guaranteed by the First Amendment are prohibited unless expressly authorized by statute, or by the individual concerned,...


personnel records, in whatever form, each agency shall establish administrative, technical, and physical controls to protect information in personnel records...


of Sec. 293.106 of this part, managers of automated personnel records shall establish administrative, technical, physical, and security safeguards for data...


employees responsible for creation, development, maintenance, processing, use, [[Page 89]] dissemination, and safeguarding of personnel records. The Office...


determine when personnel records on individuals are subject both to the regulations contained in this part and to Office or agency regulations implementing the Privacy Act of...


publishes in the Federal Register a notice of system of records for personnel records which are maintained by the agencies or by the Office, that system of records...


practices will be conducted to insure compliance with Office regulations. The Office may direct agencies to take whatever corrective action is necessary. Office or...


1978); 5 U.S.C. 1302, 3 CFR 1954-1958 Compilation; 5 CFR 7.2; E.O. 9830; 3 CFR 1943-1948 Compilation. Source: 50 FR 3309, Jan. 24, 1985, unless...


(OPF) for each employee occupying a position subject to this part, except as provided in Sec. 293.306. Except as provided in the Guide to...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR293.303] [Page 90] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 293--PERSONNEL RECORDS--Table of Contents Subpart C--Official Personnel Folder Sec. 293.303 Ownership of folder. The OPF of each employee in a position subject to civil service rules and regulations is under the jurisdiction and control of, and is part of the records of, the Office of Personnel Management (the Office). ...


the reports of selection and other personnel actions named in section 2951 of title 5, United States Code. The folder shall contain long-term records affecting...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR293.305] [Page 90] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 293--PERSONNEL RECORDS--Table of Contents Subpart C--Official Personnel Folder Sec. 293.305 Type of folder to be used. Each agency shall use only OPFs from Office of Federal Supply and Services stock (Standard Form 66) for the folders required by this part. ...


on or after April 1, 1947, in a position subject to this part, it shall request the transfer of the OPF pertaining to the person's employment. The folder so obtained shall...


must be retained by the losing agency for 30 working days after separation, and may be retained for additional 60 days (90 days where administratively...


remove temporary [[Page 91]] records from the OPF before it is transferred to another agency. For these and also for temporary records of their current...


the event of a lost or destroyed OPF, the current (or last, in the case of a former Federal employee) employing agency shall take the necessary action to reconstruct the...


in response to a third party Freedom of Information Act (FOIA) request may disclose information as provided in this subpart. A current employee's request for access to his/her...


system folders, their automated equivalent records, and from other personnel record files that constitute an agency record within the meaning of the FOIA and which...


12107 (December 28, 1978); 5 U.S.C. 1103, 1104, and 1302; 3 CFR 1954-1958 Compilation; 5 CFR 7.2; E.O. 9830, 3 CFR 1943-1948 Compilation. Source: 47 FR 3080, Jan....


ratings of record, including the performance plans on which the ratings are based, must be placed in either the employee's Official Personnel Folder (OPF ) or in...


within the meaning of this subpart rests with the agency. Agency implementing instructions, for both incumbents of the Senior Executive Service and...


documents supporting them are generally not permanent records and shall, except for appointees to the SES and including incumbents of executive positions not covered by...


office in the employing agency, to another agency, or to the National Personnel Records Center, the ``losing'' servicing office shall include in the OPF all...


other than the individual to whom the record pertains, his/her designated representative, or to an agency official who needs the information in the performance of...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR293.501] [Page 95] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 293--PERSONNEL RECORDS--Table of Contents Subpart E--Employee Medical File System Records Sec. 293.501 Applicability of regulations. Source: 51 FR 33235, Sept. 19, 1986, unless otherwise noted. The applicability of this subpart is identical to that described in Sec. 293.301. ...


and excludes student volunteers and contractor employees. Employee Assistance and Counseling Record means the record created when an employee participates in an...


their EMFS is to be implemented. These instructions must-- (a) Describe overall operation of the system within the agency including the designation of the agency...


medical records (which exclude employee assistance/counseling, patient, non-personal, and epidemiological records) whether they are maintained in an automated,...


must establish an EMF when the employee leaves the employing agency and occupational medical records for that employee exist; agencies may also establish an EMF (if...


civil service rules and regulations is part of the records of the Office. When the EMF also contains occupational medical records created during employment in a position...


appropriate employee occupational medical records in the EMFS. When an EMF is established for an employee, as required in Sec. 293.504, the agency's EMFS must be searched...


as the EMF and issued through Federal Supply Service contracts (Standard Form 66 D); (b) has been authorized as an exception to this form by the Office for use by...


Sec. 293.306, regarding the use of existing OPFs, apply to the use of existing EMFs upon the employee's transfer to or reemployment in a new...


agency, the EMF must be transferred to the gaining agency at the same time as the employee's OPF. The EMF is to be addressed only to the gaining agency's designated...


for a separating employee and must be removed from an already existing EMF before its transfer to another agency or to the NPRC. Such records must be disposed of in accordance...


Source: 54 FR 25094, June 13, 1989, unless otherwise noted. This subpart contains the regulations of the Office of Personnel Management (OPM) implementing the Freedom...


All of the terms defined in the Freedom of Information Act, and the definitions included in the ``Uniform Freedom of Information Act Fee Schedule and Guidelines''...


assignment of requests and requesters to categories. OPM will apply the definitions and procedures contained in this section to assign requesters to categories. The...


(a) Seeking clarification of a requester's category. OPM may seek additional clarification before assigning a person to a specific category if-- ...


records. When the subject of a record, or a duly authorized representative of the subject, requests his or her own records from a Privacy Act system of records,...


and OPM Issuances. (a)(1) Annually, OPM publishes OPM-AG-PSD-01, ``Handbook of Publications, Periodicals, and Issuances,'' and accompanying addendum....


(a) Address requests for OPM records to the officials listed in paragraph (b), (c), or (d) of this section. (b) The following is a list of key Washington,...


(a) Mailing or delivering a request. Any person may ask for records under section 552 of title 5, United States Code, by directing a letter to one of...


(a) Applicability of fees. (1) OPM will furnish, without charge, reasonable quantities of material that it has available for free distribution to the public. (2) OPM...


(a) When an OPM official denies records or a waiver of fees under the Freedom of Information Act, the requester may appeal to the-- Office of the General Counsel, Office...


(a) The Chief, Plans and Policies Division, Administration Group, OPM, has official custody of OPM records. A subpoena or other judicial order for an...


(a) In general, OPM will not disclose confidential commercial information in response to a Freedom of Information Act request except in accordance...


the Office relative to the disclosure of information when requested by a member of the public, the Office has an independent public information policy for bringing to...


the laws and regulations administered by the Office which the Office has adopted, whether or not published in the Federal Register, are available to the public. ...


in title 5 of the Code of Federal Regulations that have provisions on the disclosure...


of Personnel Management (the Office) to govern the maintenance, protection, disclosure, and amendment of records within the systems of records as defned by the Privacy Act...


records, and systems of records have the same meanings as defined in the Privacy Act, 5 U.S.C. 552a. In addition: Access means providing a copy of a record to,...


having jurisdiction over a system of records may designate in writing an Office employee to evaluate and issue the Office's decision on Privacy Act matters relating...


systems: (a) Internal systems of records are under the Office's physical control and are established and maintained by the Office solely on its own employees and,...


(a) These regulations apply to processing requests from both current and former Office employees for records contained in internal, central, and...


in its system of records, requesters must write to the Assistant Director for Workforce Information, Personnel Systems and Oversight Group, Office of...


to them that are maintained in a system of records should submit a written request to the appropriate system manager and state that the request is being made...


access has been granted by the Office or agency, are: (1) Inspection in person in the designated office during the hours specified by the Office or agency; or ...


be incompetent. (a) A parent, legal guardian, or custodian of a minor, upon presentation of suitable personal identification, may access on behalf of a minor any...


a representative of the individual to whom the record pertains after the system manager receives written authorization from the individual who is the subject of...


psychological records that the system manager believes requires special handling, the requester should be advised that the material will be provided only to a physician...


time expended by the Office to produce a record, or for making a photostatic copy of the record, or for having it personally reviewed by the data subject, when a record...


request is denied, the Office or agency response will be in writing and will include a statement of the reasons for the denial and the procedures available to appeal the...


been upheld on administrative review, the requester has the right to judicial review of the decision for up to 2 years from the date on which the cause of action arose....


amendment of their records maintained in an Office system of records by contacting the appropriate system manager. The Office or agency will require proof of identity from...


within 10 working days and issue a determination as soon as practicable. This timeframe begins when the request is received by the proper Office or...


intended to allow a challenge to material that records an event that actually occurred nor are they designed to permit a collateral attack upon that which has been or could...


amendment of a record is appropriate, the system manager will take the necessary steps to have the necessary changes made and will see that the individual receives a...


decides not to amend the record in the manner sought, the requester should be notified in writing of the reasons for the denial. (b) The decision letter should...


disagrees with an initial denial to amend a record may file a written appeal of that denial to the appropriate official. In submitting an appeal, the individual should provide...


denying a request to amend a record, the requester may file a concise statement of disagreement. Such a statement should be filed with the appropriate system manager...


record has been upheld on administrative review, the requester has the right to judicial review of the decision for up to 2 years from the date the cause of action arose....


agency should not disclose a record retrieved from a Governmentwide system of records to any person, another agency, or other entity without the express written consent of...


For purposes of this section, the Office considers that a subpoena signed by a judge is equivalent to a court order. (a) The Office may disclose, without prior consent of the...


disclosures in cases where records about the individual are disclosed from an Office system of records except-- (1) When the disclosure is made pursuant to the Freedom...


disclosures in cases where records about the individual are disclosed from an Office system of records except-- (1) When the disclosure is made pursuant to the Freedom...
...


is administratively feasible and practical, the employment practices of the Federal Government generally, and of individual agencies, that affect the recruitment,...


(a) Be practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of candidates for the jobs to...


and of individual agencies, shall be based on a job analysis to identify: (1) The basic duties and responsibilities; (2) The knowledges, skills, and...


employment practice which was applied to him or her by the Office of Personnel Management violates a basic requirement in Sec. 300.103 is entitled to appeal to the Merit...


of the public in understanding the purpose of, and preparing for, civil service examinations. This includes the types of questions and the categories of knowledge or...


the competitive service to a position in either the competitive or excepted service. (b) In accordance with 5 U.S.C. 3341, an agency may detail an employee in the...


51222, Dec. 21, 1988, unless otherwise noted. For purposes of this subpart: (a) A commercial recruiting firm is a profit-making entity which, by contract,...


filling positions in the competitive service; positions in the expected service under Schedules A, B, and C; and positions in the Senior Executive Service. [57 FR...


nonprofit employment services may be used. An agency may use a commercial recruiting firm and/or a nonprofit employment service in recruiting for vacancies when: (a)...


(a) Federal agencies are prohibited from using commercial recruiting firms and nonprofit employment services which charge fees to individuals referred to Federal positions....


(a) A written contract awarded in accordance with procedures stipulated in the Federal Acquisition Regulations is required between the Federal agency and a commercial recruiting firm...


(a) The purpose of a commercial recruiting firm or nonprofit employment service is to serve as an additional source of applicants. Once recruited, applicants must be evaluated...


required to maintain records necessary to determine that using commercial recruiting firms or nonprofit employment services is cost effective and has not resulted in...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR300.408] [Page 125] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 300--EMPLOYMENT (GENERAL)--Table of Contents Subpart D--Use of Commercial Recruiting Firms and Nonprofit Employment Services Sec. 300.408 Corrective action. Upon evidence of failure to comply with these regulations, OPM may, pursuant to its authority, order the agency to take appropriate corrective action. ...


For purposes of this subpart: (a) A temporary help service firm is a private sector entity which quickly provides other organizations with specific services performed by...


and B in the excepted service. (b) Agencies may not use temporary help services for the Senior Executive Service or for the work of managerial or...


other procurement arrangement with a temporary help service firm for the brief or intermittent use of the skills of private sector temporaries, when required, and may call...


created by an agency's use of private sector temporaries under these regulations. Services furnished by temporary help firms shall be performed by their employees who shall not...


meet their temporary needs by various means, for example, redistributing work, authorizing overtime, using in-house pools, and making details or time-limited promotions of...


the Federal Acquisition Regulation, as applicable, in procuring services from the private sector. (b) Agencies should make full use of the provisions of the...


to establish that their use of temporary help service firms is consistent with these regulations. As needed, OPM may require agencies to provide information on their use...


restrictions in this subpart are intended to prevent excessively rapid promotions in competitive service General Schedule positions and to protect competitive principles. They provide...


promotion) or any type of appointment resulting in a higher grade or higher rate of basic pay. Competitive appointment means an appointment based on selection from...


in the competitive service by any individual who within the previous 52 weeks held a General Schedule position under nontemporary appointment in the competitive or...


permitted by Sec. 300.603(b) of this part: (a) Advancement to positions at GS-12 and above. Candidates for advancement to a position at GS-12 and above must have completed...


to which appointed in the Federal civilian service is creditable towards the time periods required by Sec. 300.604 of this part, except as provided in paragraph (c) of...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR300.606] [Page 129] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 300--EMPLOYMENT (GENERAL)--Table of Contents Subpart F--Time-In-Grade Restrictions Sec. 300.606 Agency authority. An agency may expand on these restrictions consistent with the intent of this subpart or may adopt similar policies to control promotion rates of employees not covered by this subpart. ...


Source: 52 FR 7400, Mar. 11, 1987, unless otherwise noted. Section 3328 of title 5 of the United States Code provides that-- (a) An individual-- ...


the competitive service, the excepted service, the Senior Executive Service, or any other civil service personnel management system in an executive agency are covered by...


In this subpart-- Appointment means any personnel action that brings onto the rolls of an executive agency as a civil service officer or employee as defined in 5 U.S.C. 2104...


appointment. (a) An executive agency must request a written statement of Selective Service registration status from each covered individual at an appropriate time...


(a) Agencies must resolve conflicts of information and other questions concerning an individual's registration status prior to appointment. An agency may verify,...


(a) OPM will determine whether failure to register was knowing and willful when an individual has requested a decision and presented a written explanation,...


A covered individual who is serving under an appointment made on or after November 8, 1985, and is not exempt from registration, will be terminated by his agency under...


eligible applicants resulting from a competitive announcement, an agency may give an overseas limited appointment to a United States citizen recruited for a...


or emergency conditions make it infeasible to appoint from a register, it may give an overseas limited appointment to a United States citizen recruited in an area where...


otherwise limited. (b) An agency may make an overseas limited term appointment for a period not in excess of 5 years when a time limitation is imposed as a part of...


on the basis of his or her overseas limited appointment. He or she is required to serve a trial period of 1 year when given an overseas limited appointment of...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR301.205] [Page 133] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 301--OVERSEAS EMPLOYMENT--Table of Contents Subpart B--Overseas Limited Appointment Sec. 301.205 Requirements and restrictions. The requirements and restrictions in subpart F of part 300 of this chapter apply to appointments under this subpart. [68 FR 35268, June 13, 2003] ...


or an overseas limited term appointment in a position subject to the General Schedule, is eligible for within-grade increases in accordance with subpart D of...


Executive Order 12362. Authority: E.O. 12362, 47 FR 21231, 3 CFR, 1982 Comp., p. 182. Source: 48 FR 52868, Nov. 23, 1983; correctly designated at 49 FR...


Overseas agencies are required to insure that selection of employees for local hire appointments in the overseas area is made on the basis of...


As soon as practicable, but beginning not later than January 1, 1984, overseas agencies are required to evaluate the performance of employees who serve under overseas local...


the application of veteran preference, this part applies to each position in the Executive Branch of the Federal Government that is not in the competitive service and that...


statute and this chapter, each appointment, position change, and removal in the excepted service shall be made in accordance with any regulations or practices that the head...


or separated without misconduct, from a position without time limit, because of a compensable injury and whose recovery takes longer than 1 year from the date...


the provisions of this part relating to examination, rating, and selection for appointment of an applicant when a qualified preference eligible or person entitled to...


system which will result in granting to eligible persons the preference or priority consideration referred to in sections 1302(c) or 8151 of title 5, United States Code,...


announcement must contain a reasonable accommodation statement that complies with requirements in Sec. 330.707 of subpart G of this chapter. [66 FR 63906, Dec....


agency shall grant veteran preference as follows: (a) When numerical scores are used in the evaluation and referral, the agency shall grant 5 additional points to...


this part, each agency shall establish qualification standards such as those relating to experience and training, citizenship, minimum age, physical condition, etc., which...


or by an administrative level or subdivision of an agency may provide that certain reasons [[Page 137]] disqualify an applicant for appointment. The...


regarding the acceptance of applications for employment in positions covered by this part and shall make these rules a matter of record. (b) Each agency shall...


of applicants for positions covered by this part may be conducted at any time before an appointment is made. The evaluation may involve only determination...


An agency must establish a priority reemployment list whenever any applicants rated eligible under Sec. 302.302 meet the conditions set out in paragraphs...


An agency must consider all qualified candidates on its priority reemployment list before it may refer candidates from its reemployment list, if any, or...


(a) Selection. When making an appointment from a priority reemployment, reemployment, or regular list on which candidates have not received numerical scores,...


An agency may reappoint a current or former nontemporary employee of the executive branch of the Federal Government who is a preference eligible to a position covered by this...


In determining qualifications for promotion with respect to an employee who is a preference eligible, an agency shall waive: (a) Requirements as to age,...


priority consideration under this part (see Sec. 302.103) may appeal a violation of his/her restoration rights to the Merit Systems Protection Board under the provisions of...


to the appointments of experts and consultants under other employment authorities or to the procurement of services by contracts under the...


(b) A consultant is a person who can provide valuable and pertinent advice generally drawn from a high degree of broad administrative, professional, or technical...


qualified expert or consultant to an expert or consultant position that requires only intermittent and/or temporary employment. Such an appointment is excepted from...


his or her designee, must determine the appropriate rate of basic pay on an hourly or daily basis, subject to the limitations described in section 304.105. (b) The head of...


chapter 51 and subchapter III of chapter 53 of title 5, United States Code, may not pay for any 1 day an aggregate amount of pay (including basic pay, locality pay under subpart F...


to establish appropriate policies governing the amount and timing of any such adjustments, subject to the limitations of Sec. 304.105. In addition to the factors...


The number of days the agency employed each paid expert or consultant; and (b) The total amount the agency paid each expert or consultant so employed. (Do not include...


5 U.S.C. 3109 and these regulations. The system must include-- (1) Appropriate training and information procedures to ensure that officials and employees using...


Code, as follows: (1) Veteran of the Vietnam era means an eligible veteran any part of whose active military, naval, or air service was during the Vietnam era. ...


to eligible veterans of the Vietnam era and the post-Vietnam era who are qualified for such employment and advancement. (b) Employees with VRA appointments...


eligibility provided by law. (b) Appointments are subject to investigation by OPM. A law, Executive order, or regulation which disqualifies a person...


readjustment appointees have the same appeal rights as excepted service employees under parts 432 and 752 of this chapter, except the appointees are also entitled...


college, college, university or other accredited educational institution. An individual who is a student is deemed not to have ceased to be a student during an...


local laws and standards governing the employment of minors. (b) Status. A student participating under an agency volunteer program is not considered to be a Federal...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR308.103] [Page 146] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 308--VOLUNTEER SERVICE--Table of Contents Sec. 308.103 Authority. Section 301 of the Civil Service Reform Act of 1978, Public Law 95- 454, authorized Federal departments and agencies to establish programs designed to provide educationally related work assignments for students in nonpay status. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR310.101] [Page 146] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 310--EMPLOYMENT OF RELATIVES--Table of Contents Subpart A--Restrictions on the Employment of Relatives Sec. 310.101 Coverage. This subpart applies to appointment, employment, promotion, or advancement in (a) the competitive service; and (b) the excepted service in the executive branch. ...


daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,...


appointment, employment, promotion, or advancement to a position in his agency or in an agency over which he exercises jurisdiction or control. (b) A public official shall...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR310.201] [Page 147] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 310--EMPLOYMENT OF RELATIVES--Table of Contents Subpart B--Emergency Exceptions Sec. 310.201 Coverage. This subpart applies to an office, agency, or other establishment in the executive, legislative, or judicial branch of the Federal Government, and in the government of the District of Columbia. (5 U.S.C. 3110) ...


immediate threat to life or property, or a national emergency as defined in Sec. 230.402(a)(1) of this title, a public official may employ relatives to meet those needs without...


immediate threat to life or property, or a national emergency as defined in Sec. 230.402(a)(1) of this title, a public official may employ relatives to meet those needs without...
...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR315.202] [Page 153] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT--Table of Contents Subpart B--The Career-Conditional Employment System Sec. 315.202 Conversion from career-conditional to career tenure. A career-conditional employee becomes a career employee automatically on completion of the service requirement for career tenure. ...


provided in paragraph (b) of this section, an eligible appointed from a register for other than temporary or term employment becomes a career-conditional employee. (b)...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR315.302] [Page 153] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT--Table of Contents Subpart C--Career or Career-Conditional Employment From Registers Sec. 315.302 Acquisition of competitive status. An employee appointed as provided in Sec. 315.301 acquires a competitive status automatically on completion of probation. ...


part 335 of this chapter and paragraph (b) of this section, an agency may appoint by reinstatement to a competitive service position a person who previously was employed...


(b) of this section, a person who is reinstated becomes a career-conditional employee. (b) A person who is reinstated becomes a career employee when he has completed...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR315.403] [Page 154] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT--Table of Contents Subpart D--Career or Career-Conditional Employment by Reinstatement Sec. 315.403 Acquisition of competitive status. A person who was serving probation when he was separated and who is reinstated under Sec. 315.401 acquires a competitive status automatically on completion of probation. ...


may appoint by transfer to a competitive service position, without a break in service of a single workday, a current career or career-conditional employee of...


paragraph (b) of this section, a career employee who transfers remains a career employee and a career-conditional employee who transfers remains a...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR315.503] [Page 154] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT--Table of Contents Subpart E--Career or Career-Conditional Employment by Transfer Sec. 315.503 Acquisition of competitive status. An employee who was serving probation when he was appointed under Sec. 315.501 acquires a competitive status automatically on completion of probation. [[Page 155]] ...


of the Canal Zone Merit System or Panama Canal Employment System. (a) Agency authority. This section may be used by an agency to appoint noncompetitively,...


service in the Office of the President or Vice-President or on the White House Staff. (a) Agency authority. An agency may appoint noncompetitively a person who has served...


former incumbency of a position brought into the competitive service. (a) Agency authority--(1) Employee in military service. An agency may appoint a former incumbent of...


who have completed a training course under Chapter 31 of title 38, United States Code. (a) When a disabled veteran satisfactorily completes an approved course...


ACTION volunteers. (a) Agency authority. An agency in the executive branch may appoint noncompetitively, for other than temporary employment, a person whom the...


certain present and former Foreign Service officers and employees. Subject to the conditions prescribed by OPM, an agency may appoint noncompetitively a present...


present and former Peace Corps personnel. (a) An agency in the executive branch may appoint noncompetitively, for other than temporary appointment, an individual: ...


of certain former overseas employees. (a) Authority. An executive branch agency may noncompetitively appoint, to a competitive service position within the United...


service in United States positions of the Panama Canal Commission. (a) Agency authority. An agency may appoint noncompetitively, for other than temporary or term employment,...


certain National Guard technicians. (a) An agency may appoint noncompetitively a National Guard technician who-- (1) Was involuntarily separated (other than...


who have competed under agency merit promotion announcements. (a) Agency authority. An agency may appoint a preference eligible or a veteran who has...


positions brought into the competitive service. (a) Employee coverage. This section applies to an employee retained under Secs. 316.701 and 316.702 of this...


without competitive examination in rare cases. (a) Recommendation by agency. An agency may recommend to OPM that the employment of an employee who has completed at least...


reached on a register. (a) Employee coverage. An employee who was serving in a position when his or her name was within reach for career or...


career employment from indefinite or temporary employment. (a) General. Employees serving after February 7, 1968, in competitive positions under indefinite appointments...


under transitional or veterans readjustment appointments. (a) Agency action. (1) An agency shall convert the employment of an employee who has served continuously...


of the Department of Energy. (a) General. Employees transferred to the Department of Energy under Public Law 95-91, who are serving in...


(a) Eligibility. (1) Subject to requirements concerning qualifications and probationary period published by the Office, an agency may convert the employment of...


on service as a Presidential Management Intern. (a) Agency authority. An agency may convert noncompetitively to career or career-conditional employment, a...


are mentally retarded, severely physically handicapped, or have psychiatric disabilities serving under Schedule A appointments. (a) Coverage. Employees appointed under...


administrative career employees serving under Schedule B appointments. (a) Coverage. This section covers employees serving in occupations that were covered by...


and personal assistants serving under Schedule A appointments. (a) Agency authority. An agency may convert noncompetitively to career or career-conditional...


on service as a Career Intern (a) Agency authority. An agency may convert noncompetitively to career or career-conditional employment, a career intern who: (1)...


Any law, executive order, or civil service rule or regulation which would disqualify an applicant for appointment shall also disqualify an employee for conversion...


year of service of an employee who is given a career or career-conditional appointment under this part is a probationary period when the employee: (1) Was appointed from...


probationary period required by Sec. 315.801 is 1 year and may not be extended. (b) Prior Federal civilian service (including nonappropriated fund service) counts...


The agency shall utilize the probationary period as fully as possible to determine the fitness of the employee and shall terminate his services during this period if he fails...


(a) When an agency decides to terminate an employee serving a probationary or trial period because his work performance or conduct during this period fails...


When an agency proposes to terminate an employee serving a probationary or trial period for reasons based in whole or in part on conditions arising before...


(a) Right of appeal. An employee may appeal to the Merit Systems Protection Board in writing an agency's decision to terminate him under Sec. 315.804 or Sec. 315.805 only as provided...


Source: 44 FR 44811, July 31, 1979, unless otherwise noted. 5 U.S.C. 3321 provides for ``a period of probation . . . before initial appointment as...


In this subpart supervisory position and managerial position have the meaning given them by the General Schedule Supervisory Guide. [60 FR 53505, Oct....


This subpart applies to appointments and positions without time limitation in the competitive civil service. Agencies may, at their option, apply...


(a) An employee is required to serve a probationary period prescribed by the agency upon initial appointment to a supervisory and/ or managerial position. (b)...


The authority to determine the length of the probationary period is delegated to the head of each agency, provided that it be of reasonable fixed...


completion of the probationary period. (a) An employee who is reassigned, transferred, or promoted to another supervisory or managerial position while serving...


the probationary period. (a) Satisfactory completion of the prescribed probationary period is a prerequisite to continued service in the position. An employee who,...


(a) An employee who, in accordance with the provisions of this subpart, is assigned to a nonmanagerial or nonsupervisory position, has no appeal right. (b) An employee...


actions. (a) If an employee is required to concurrently serve both a probationary period under this subpart and a probationary period under subpart H of this part,...


more than 1 year but not more than 4 years to positions where the need for an employee's services is not permanent. Reasons for making a term appointment include, but are...


term appointment under part 332 of this title, by using competitive procedures, or under part 337 of this title, by using direct-hire procedures, as appropriate. ...


the basis of his term appointment. (b) The employment of a term employee ends automatically on the expiration of his term appointment...


the method of appointment. Prior Federal civilian service is credited toward completion of the required trial period in the same manner as prescribed by Sec. 315.802...


appointment-- (1) To fill a short-term position (i.e., one that is not expected to last longer than 1 year); (2) To meet an employment need that is...


accordance with the time limits in Sec. 316.401 of this chapter, an agency may make a temporary appointment under part 332 of this title, by using competitive...


agency may designate a temporary appointment as a provisional appointment only when all of the following conditions are met: (1) The appointment is made to fill a...


(a) An agency may make an appointment without competitive examination when: (1) The duties and compensation of the position are such, or qualified persons are so rare, that...


over by Government. (a) When the Office, or an agency acting under an agreement with the Office, finds that the Federal Government has taken over a public...


the competitive service. (a) When the Office, or an agency acting under an agreement with the Office, finds that an excepted position has been brought into...


of status quo employees. (a) A status quo employee who is promoted, demoted, or reassigned becomes: (1) An indefinite employee when the position change...


Office of Personnel Management which implement the following provisions of law: (a) Section 413 of title IV of the Civil Service Reform Act of 1978; (b) Subchapter VIII...


otherwise noted. (a) When applicable. These conversion provisions apply in the following circumstances. (1) The implementation of the Senior Executive...


designation; employees involuntarily reassigned or demoted after designation--(1) Notice. Each employee covered by this subpart who was appointed prior to the designation...


Service. (a) An employee who declines conversion pursuant to Sec. 317.302(a)(4) or Sec. 317.302(d)(4) shall remain in his/her current appointment and pay...


section covers employees serving under: (1) A career or career-conditional appointment; or (2) A similar type of appointment (``career-type'' appointment) in...


employees serving under an excepted appointment in a position: (1) In Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; (2) Filled...


(a) Coverage. This section covers employees serving under: (1) A limited executive assignment under subpart E of part 305 of title 5, Code of Federal Regulations;...


(a) The head of each agency is responsible for establishing qualifications standards for Senior Executive Service (SES) positions in accordance with the...


in writing and identify the breadth and depth of the professional/technical and executive/managerial knowledges, skills, and abilities, or other qualifications, required...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR317.403] [Page 182] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 317--EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE--Table of Contents Subpart D--Qualifications Standards Sec. 317.403 General positions. An agency may apply the criteria in Sec. 317.402 when developing qualifications standards for general positions. If it does not, OPM must be consulted before the agency develops the standard. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR317.404] [Page 182] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 317--EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE--Table of Contents Subpart D--Qualifications Standards Sec. 317.404 Retention of qualifications standards. If a qualifications standard is changed, or a position is cancelled, the former standard shall be retained for 2 years. ...


brightest and most diverse pool possible. Source: 54 FR 9758, Mar. 8, 1989, unless otherwise noted. (a) Executive Resources Board (ERB). The head of each...


(QRB) convened by OPM must certify the executive/managerial qualifications of a candidate before initial career appointment may be made to an SES position. More than one-half...


SES career appointee becomes final only after the individual has served a 1-year probationary period as a career appointee; there has been an assessment of the...


U.S.C., provides that each career SES appointee shall be subject to recertification by his or her employing agency ``to ensure that the performance of career appointees...


(a) An agency may make a noncareer or limited appointment only to a general position. (b) Each use of a noncareer appointment authority must be...


this provision may be deemed provisional appointments for purposes of the regulations set out in parts 831, 842, 870, and 890 of this chapter if they meet the criteria...


the use of [[Page 188]] merit staffing procedures. The appointee, however, must meet the qualifications requirements for the position, as determined...


with the prior approval of the Office unless otherwise provided by the Office. (b)An agency may make the following reassignments of limited appointees to positions for...


acquire status within the Senior Executive Service on the basis of the appointment. (b) An agency may terminate a noncareer or limited appointment at any time, unless...


noted. As provided for in Secs. 317.702 and 317.703, an agency may reinstate a former SES career appointee without regard to the merit staffing...


general reinstatement. A former SES career appointee who meets the following conditions is eligible for reinstatement under this section: (1) The individual completed...


for reinstatement. (1) A former SES career appointee who was appointed by the President to a civil service position outside the SES without a break in service, and who left...


(1) A career appointee in the SES appointed at any time by the President to a civilian position in the executive branch with the advice and consent of the Senate at a...


(a) In this section, reassignment means a permanent assignment to another SES position within the employing executive agency or military department. (See...


permanent assignment or appointment to another SES position in a different executive agency or military department. (b) Requirements. Transfers are voluntary and cannot...


assignment of an SES member to another position (within or outside of the SES) or the temporary assignment of a non-SES member to an SES position, with the expectation...


career SES appointee to accept a noncareer or limited SES appointment as a condition of appointment to another SES position. If a career appointee elects to accept a noncareer...


taken an action contrary to law or regulation under this part, it may require the agency to take appropriate corrective action. [54 FR 9761, Mar....


and scientific and professional (ST) positions that are classified above GS-15 and are paid under 5 U.S.C. 5376. See 5 CFR part 534, subpart E, for pay provisions. ...


above GS-15 pursuant to 5 U.S.C. 5108 that are not covered by other pay systems (e.g. the SES and ST systems). (b) Positions in agencies that are excluded from...


established under 5 U.S.C. 3104 to carry out research and development functions that require the services of specially qualified personnel. (b) Research and...


order, or regulations that relate in general to competitive and excepted service positions and employment apply to positions and employment under the SL and ST systems...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR319.105] [Page 193] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 319--EMPLOYMENT IN SENIOR-LEVEL AND SCIENTIFIC AND PROFESSIONAL POSITIONS--Table of Contents Subpart A--General Sec. 319.105 Reporting requirements. Agencies shall report such information as may be requested by OPM relating to SL and ST positions and employees. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR319.201] [Page 193] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 319--EMPLOYMENT IN SENIOR-LEVEL AND SCIENTIFIC AND PROFESSIONAL POSITIONS--Table of Contents Subpart B--Position Allocations and Establishment Sec. 319.201 Coverage. This section applies to SL positions in an executive agency per 5 U.S.C. 5108 and ST positions in any agency per 5 U.S.C. 3104. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR319.202] [Page 193] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 319--EMPLOYMENT IN SENIOR-LEVEL AND SCIENTIFIC AND PROFESSIONAL POSITIONS--Table of Contents Subpart B--Position Allocations and Establishment Sec. 319.202 Allocation of positions. SL and ST positions may be established only under a position allocation approved by OPM. ...


approval of OPM is not required to establish individual SL and ST positions within an allocation, but the positions must be established in accordance with the standards and...


Agency heads are responsible for establishing qualifications [[Page 194]] standards in accordance with the criteria in this section. (1) The standard must...


delegated authority to approve the qualifications of individuals appointed to SL and ST positions. The agency head must determine that the individual meets the...


positions may be in either the competitive or excepted service. This section only applies to appointments in the competitive service from a civil service register....


(a) ST positions are filled without competitive examination under 5 U.S.C. 3325. (b) ST positions are not subject to the citizenship requirements in 5 CFR part 338, subpart...


fill a position in the competitive service by any of the methods authorized in this chapter. He shall exercise his discretion in each personnel action solely on the basis of merit...


Notice required--(i) Under 5 U.S.C. 3327, Federal agencies must notify OPM promptly of: (A) Open competitive examinations; (B) Vacancies in the competitive...


Nov. 8, 1988, unless otherwise noted. [[Page 197]] (a) The reemployment priority list (RPL) is the mechanism agencies use to give reemployment consideration...


under Sec. 330.203 must complete an application prescribed by the employing agency and inform the agency of any significant changes in the information provided....


the RPL, an employee must meet all the following conditions: (1) Be serving under an appointment in the competitive service in tenure group I or II; (2) Have received...


employee in tenure group I or II who is separated (or who accepts a lower graded position in lieu of separation) because of a compensable injury of disability (as defined...


of this section apply to the filling of all competitive service vacancies, regardless of whether an agency plans to make a temporary, term, or permanent appointment....


is entitled to consideration for positions in the commuting area for which qualified and available that are at no higher grade (or equivalent), have no greater...


of the selection methods in paragraphs (b) and (c) of this section for use in operating a single RPL. The agency may adopt the same method for each RPL it establishes or may...


of law and this chapter, an individual is considered qualified for a position if he or she: (1) Meets OPM-established or approved qualification standards...


rights under this subpart have been violated because of the employment of another person who otherwise could not have been appointed properly may appeal to the...


2000, unless otherwise noted. In each entrance examination for the positions of custodian, elevator operator, guard, and messenger (referred to in this subpart...


delegated authority, the agency shall fill each restricted position by the appointment of a preference eligible as long as preference eligibles...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR330.403] [Page 202] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)--Table of Contents Subpart D--Positions Restricted to Preference Eligibles Sec. 330.403 Noncompetitive actions. An agency may fill a restricted position by the appointment by noncompetitive action of a nonpreference eligible only when authorized by OPM. ...


contracting out situations. An individual agency and OPM both have additional responsibilities when the agency decides, in accordance with the Office of Management...


preference eligible from a restricted position by reduction in force under part 351 of this chapter because of a contracting out situation covered in Sec. 330.404 must,...


(a) Assisting agencies in operating positive placement programs, such as the Career Transition Assistance Plan, which is authorized by subpart F of this part; ...


(a) A preference eligible who is separated from a restricted position by reduction in force under part 351 of this chapter because of a contracting out situation covered...


An agency may promote an employee or reassign him to a different line of work, or to a different geographical area, and it may transfer a present employee or reinstate...


As one factor in assessing an agency's compliance with competitive principles, OPM will consider the relationship between appointments from competitive examinations and...


Program. (a) A person hired under the Part-time Direct Hire Program may not be changed to full time through: (1) Position change; (2) Work schedule...


The restrictions in this subpart do not apply to a person who is within reach on a register for competitive appointment to the position to be filled. [34 FR 2649, Feb....


Purpose. Authority: Presidential memorandum dated September 12, 1995, entitled ``Career Transition Assistance for Federal Employees''. Source: 62 FR 31320, June...


Agency plans. (a) Each agency will establish a Career Transition Assistance Plan (CTAP) to actively assist its surplus and displaced employees. A copy of the final plan...


Definitions. For purposes of this subpart: (a) Agency means an Executive Department, a Government corporation, and an independent establishment as cited in 5...


Eligibility. (a) To be eligible for the special selection priority, an individual must meet all of the following conditions: (1) Is a surplus or displaced...


Order of selection for filling vacancies from within the agency. (a) Except as provided in paragraph (d) of this section, when filling a vacancy as defined in Sec....


Notification of surplus and displaced employees. (a) In addition to meeting the requirements of Sec. 330.602(a)(1)(iv), at the time it issues a specific RIF...


Application and selection. (a) Application. (1) To receive this special selection priority, an eligible employee must apply for a specific agency vacancy in the same...


Qualification reviews. Agencies will ensure that a documented, independent second review is conducted whenever an otherwise eligible employee is determined to be...


Oversight. OPM provides advice and assistance to agencies in implementing their Career Transition Assistance Programs. OPM is also responsible for oversight of agency...


Authority: Presidential memorandum dated September 12, 1995, entitled ``Career Transition Assistance for Federal Employees''. Source: 62 FR 31323, June 9, 1997,...


For the purposes of this subpart: (a) Agency has the meaning given in Sec. 330.604(a). (b) Displaced employee means: (1) A current career...


(a) To be eligible for the special selection priority, an individual must meet all of the following conditions: (1) Is a displaced employee as defined in...


selection in filling vacancies from outside the agency's workforce. (a) Except as provided in paragraph (c) of this section, when filling a vacancy from outside the...


displaced employees. (a) In addition to meeting the requirements of Sec. 330.602(a)(1)(iv) and Sec. 330.607(a), at the time it issues a specific RIF separation notice...


to OPM. (a) Agencies are required to report all competitive service vacancies to OPM when accepting applications from outside the agency (including...


selection. (a) Application. (1) To receive this special selection priority, eligible employees must apply directly to agencies for specific vacancies in the...


Agencies will ensure that a documented, independent second review is conducted whenever an otherwise eligible employee is found to be not well-qualified....


OPM is responsible for oversight of the Interagency Career Transition Assistance Plan for Displaced Employees and may conduct reviews of agency activity at...


an eligible on a register, and an officer or employee in the executive branch of the Government shall not persuade, induce, or coerce, or attempt to persuade,...


Corrections Sec. 330.1101 Purpose. Source: 63 FR 41387, Aug. 4, 1998, unless otherwise noted. A displaced employee of the...


Corrections Sec. 330.1102 Duration. This program terminates 1 year after the closing of the Lorton Correctional Complex. [66 FR...


Corrections Sec. 330.1103 Definitions. For purposes of this subpart: (a) Agency means an Executive Department, a Government...


Corrections Sec. 330.1104 Eligibility. (a) To be eligible for priority consideration, an employee of the DC DOC must: (1) Be...


Corrections Sec. 330.1105 Selection. (a) If two or more individuals eligible for priority under subpart G of this part (the Interagency...


Corrections Sec. 330.1106 Appointment. (a)(1) Selectees under this subpart receive noncompetitive appointments to the competitive service...


Purpose. Source: 65 FR 52294, Aug. 29, 2000, unless otherwise noted. [[Page 217]] This subpart implements Section 1232 of Public Law 96-70 (the...


Definitions. For purposes of this subpart: (a) Agency means an Executive Department, a Government corporation, and an independent establishment as cited in 5...


Eligibility. (a) In order to be eligible for special selection priority, an eligible displaced employee of the former Panama Canal Zone must: (1) Have received a...


Selection. (a) If two or more individuals apply for a vacancy and the hiring agency determines the individuals to be well-qualified, the agency has the discretion...


entrance into the competitive service shall be open competitive, except that OPM may authorize noncompetitive examinations when sufficient competent persons do not compete. ...


list of eligibles from a register submitted to an appointing officer so that he may consider the eligibles for appointment. (b) Active military duty means active duty in...


or is about to occur in a postmaster position in a fourth-class post office and the position involves fewer than 7 daily hours of service, a representative of the U.S....


General (a) Except as provided in paragraph (b) of this section, a person's eligibility on a register is terminated when: (1) He accepts a career...


is entitled to file an application at any time for an examination for any position for which OPM maintains a register, for which a register is about to be...


to the time limits and other conditions published by OPM in its operating manuals, the following persons are entitled to file applications for open competitive examinations...


The following persons are entitled to have their names entered on an appropriate existing register in the order prescribed by Sec. 332.401 if they were last employed...


A qualified preference eligible who resigned without delinquency or misconduct from career or career-conditional employment is entitled to have his name reentered on...


(a) A person who lost a period of eligibility on a register because he has served on active military duty since June 30, 1950, is entitled to have his name restored...


is separated (voluntarily or involuntarily) without delinquency or misconduct during his probationary period is entitled to have his name restored to the register of...


and other requirements of law and this chapter, OPM shall enter the names of eligibles on the appropriate register in accordance with their numerical ratings, except...


Unit (DEU) will refer candidates for consideration by simultaneously listing a candidate on all certificates for which the candidate is interested, eligible, and...


as a whole for the certification of eligibles for a particular position, OPM may prepare a certificate from the most nearly appropriate existing register by...


with sole regard to merit and fitness, shall select an eligible for: (a) The first vacancy from the highest three eligibles on the certificate who are available...


is not required to consider an eligible who has been considered by him for three separate appointments from the same or different certificates for the...


not required to consider an eligible to whose certification for the particular position he makes an objection that is sustained by OPM for any of the reasons stated in Sec....


may not restrict his consideration of eligibles or employees for competitive appointment or appointment by noncompetitive action to a position in the competitive service...


Purpose. The purpose of this part is to carry into effect the objectives of title IV of the Intergovernmental Personnel Act of 1970 and title VI of the Civil Service...


Definitions. In this part: Assignment means a period of service under chapter 33, subchapter VI of title 5, United States Code; Employee means an individual serving in...


Approval of instrumentalities or authorities of State and local governments and ``other organizations''. (a) Organizations interested in participating in the mobility program as...


Length of assignment. (a) An assignment may be made for up to 2 years and may be extended by the head of a Federal agency, or his or her designee, for up to 2 more...


Obligated service requirement. (a) A Federal employee assigned under this subchapter must agree as a condition of accepting an assignment to serve with the Federal...


Requirement for written agreement. (a) Before an assignment is made the Federal agency and the State, local, or Indian tribal government, institution of higher education,...


Termination of agreement. (a) An assignment may be terminated at any time at the request of the Federal agency or the State, local, or Indian tribal government, institution...


Reports required. A Federal agency which assigns an employee to or receives an employee from a State, local, or Indian tribal government, institution of higher education...


by Sec. 335.102 does not change the competitive status of an employee. (b) Tenure. Except as provided in paragraph (c) of this section and Sec. 316.703 of...


when applicable, to part 319 of this chapter, an agency may: (a) Promote, demote, or reassign a career or career-conditional employee; (b) Reassign an employee...


authorized by OPM, an agency may make promotions under Sec. 335.102 of this part only to positions for which the agency has adopted and is administering a program...


unless his or her current rating of record under part 430 of this chapter is ``Fully Successsful'' (level 3) or higher. In addition, no employee may receive a...


report job announcements to OPM for vacancies for which an agency will accept applications from outside the agency's work force. This requirement is implemented through...


or veterans who have been separated under honorable conditions from the armed forces after completing (as determined by the agency) 3 or more years of continuous...


an examination, and shall assign numerical ratings on a scale of 100. Except as provided in Sec. 930.203(a) of this chapter, each applicant who meets the minimum requirements...


retained grade must have the experience they gain subsequent to the downgrading action that placed them in a retained grade considered in the following manner. For placements...


OPM will permit an agency with delegated examining authority under 5 U.S.C. 1104(a) (2) to use direct-hire authority under 5 U.S.C. 3304 for a position or group of positions if...


the provisions of 5 U.S.C. 3309 through 3318, and parts 211 and 337, subpart A of this chapter. (b) A severe shortage of candidates for a particular position or group...


5 U.S.C. 3327 and 3330, and part 330, subpart G of this chapter with respect to any position that an agency seeks to fill using...


for particular occupations, grades (or equivalent), and/or geographic locations. OPM may decide on its own that such a shortage exists, or may make this decision in...


grades (or equivalent) and/or geographic locations. OPM may decide on its own that there is such a need, or may make this decision in response to a written...


periodic basis, for each direct-hire authority that it previously granted, OPM will review the appropriate agency's use of the authority to ensure that the agency is using...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR337.207] [Page 230] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 337--EXAMINING SYSTEM--Table of Contents Subpart B--Direct-Hire Authority Sec. 337.207 Sunset. The authority to use direct hire authority terminates June 14, 2004. ...


This subpart implements the category rating and selection procedures at 5 U.S.C. 3319. This law authorizes agencies with delegated examining authority under 5...


as described at 5 U.S.C. 3319, and is a process of evaluating qualified eligibles by quality categories rather than by assigning individual numeric scores. The...


a system for evaluating applicants that provides for two or more quality categories; (b) Define each quality category through job analysis conducted in accordance...


prescribed in section 1312(a)(2) of Public Law 107-296, the Homeland Security Act, and codified at 5 U.S.C. 3319; and (b) Veterans' preference points as prescribed in...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR337.305] [Page 231] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 337--EXAMINING SYSTEM--Table of Contents Subpart C--Alternative Rating and Selection Procedures Sec. 337.305 Reporting requirements. Any agency that uses category rating must forward to OPM a copy of the annual report that it must submit to Congress pursuant to 5 U.S.C. 3319. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR337.306] [Page 231] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 337--EXAMINING SYSTEM--Table of Contents Subpart C--Alternative Rating and Selection Procedures Sec. 337.306 Sunset. The authority to use category rating terminates June 14, 2004. ...


if he is a citizen of or owes permanent allegiance to the United States. (b) A person may be given an appointment in the competitive service only if he or she is a...


are given competitive service appointments meet the requirements included in the Office of Personnel Management's Operating Manual: Qualification Standards for...


be applied in either competitive or noncompetitive examinations for positions in the competitive service except as provided by: (a) Section 3307 of title 5, United States...


positions; and to excepted service employees when medical issues arise in connection with an OPM regulation which governs a particular personnel decision, for...


may be acquired and examinations and evaluations conducted to determine the nature of a medical condition which may affect safe and efficient performance. ...


29 CFR 1613. 701 et seq. Particularly relevant to medical qualification determinations are Sec. 1613.704 (requiring reasonable accommodation of individuals with handicaps);...


as described in 29 CFR 1613.704. Arduous of hazardous positions means positions that are dangerous or physically demanding to such a degree that an...


chapter, OPM may deny an applicant examination, deny an eligible appointment, and instruct an agency to remove an appointee by reason of physical or mental unfitness for...


a Governmentwide occupation (i.e., an occupation common to more than one agency). An agency may establish medical standards for positions that predominate in that agency...


for individual positions without OPM approval when such requirements are considered essential for successful job performance. The requirements must be clearly...


or physical requirement established under this part when there is sufficient evidence that an applicant or employee, with or without reasonable accommodation, can...


immunization programs by written policies or directives to safeguard the health of employees whose work may subject them or others to significant health or safety risks...


not be disqualified for any position solely on the basis of medical history. For positions with [[Page 235]] medical standards or physical requirements, or...


appropriate only for a position which has specific medical standards, physical requirements, or is covered by a medical evaluation program established under...


(including a psychiatric evaluation) in any situation where the agency needs additional medical documentation to make an informed management decision. This...


under this subpart, it must inform the applicant or employee in writing of its reasons for doing so and the consequences of failure to cooperate. (A...


offered under this subpart, whether conducted by the agency's physician or the applicant's or employee's physician. Applicants and employees must pay for a medical...


records of examinations obtained under this part in accordance with instructions provided by OPM, under provisions of 5 CFR part 293, subpart E. (b) The...


(a) In accordance with the provisions of this part, agencies are authorized to medically disqualify a nonpreference eligible. A nonpreference eligible so disqualified has a right to...


requirements. This subpart incorporates for the benefit of the user of the principal statutory requirements governing part-time career employment, as...


Source: 44 FR 57380, Oct. 5, 1979, as amended at 49 FR 17722, Apr. 25, 1984, unless otherwise noted. This subpart contains the regulations of the Office...


(a) Definitions. Part-time career employment means regularly scheduled work of from 16 to 32 hours per week performed by an employee of an agency as defined in 5 U.S.C. 3401...


(a) The Office of Personnel Management shall provide, within available resources, consultation and technical advice and assistance to agencies to aid them in...


(a) Agency reports required under 5 U.S.C. 3407 shall be based on data as of March 31 and September 30 each year and shall be provided to the Office of Personnel Management...


Source: 60 FR 3061, Jan. 13, 1995, unless otherwise noted. (a) Seasonal employment means annually recurring periods of work of less than 12 months each year....


(a) Appropriate use. Seasonal employment allows an agency to develop an experienced cadre of employees under career appointment to perform work which recurs...


(a) Appropriate use. An intermittent work schedule is appropriate only when the nature of the work is sporadic and unpredictable so that a tour of duty cannot be...


positions are required, where they are to be located, and when they are to be filled, abolished, or vacated. This includes determining when there is a surplus of...


part applies to each civilian employee in: (1) The executive branch of the Federal Government; and (2) Those parts of the Federal Government outside the executive...


II, or III. Current rating of record is the rating of record for the most recently completed appraisal period as provided in Sec. 351.504(b)(3). Days means calendar...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR351.204] [Page 244] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 351--REDUCTION IN FORCE--Table of Contents Subpart B--General Provisions Sec. 351.204 Responsibility of agency. Each agency covered by this part is responsible for following and applying the regulations in this part when the agency determines that a reduction force is necessary. ...


for the planning, preparation, conduct, and review of reductions in force. OPM may examine an agency's preparations for reduction in force at any stage. When OPM finds that...


(a) This subpart is applicable when the work of one or more employees is moved from one competitive area to another as a transfer of function regardless of whether or not the movement...


any or all of the functions of a competitive area to another continuing competitive area, each competing employee in a position identified with the transferring function...


function is responsible for identifying the positions of competing employees with the transferring function. A competing employee is identified with the transferring function...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR351.401] [Page 246] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 351--REDUCTION IN FORCE--Table of Contents Subpart D--Scope of Competition Sec. 351.401 Determining retention standing. Each agency shall determine the retention standing of each competing employee on the basis of the factors in this subpart and in subpart E of this part. ...


retention under this part. (b) A competitive area must be defined solely in terms of the agency's organizational unit(s) and geographical location, and it must...


positions in a competitive area which are in the same grade (or occupational level) and classification series, and which are similar enough in duties, qualification...


this part, the agency shall establish a separate retention register for that competitive level. The retention register is prepared from the current retention records...


this chapter to demote him or her competes under this part from the position to which he or she will be or has been demoted. [62 FR 62500, Nov....


a retention register on the basis of their tenure of employment, veteran preference, length of service, and performance in descending order as follows: (1) By tenure group...


in tenure groups on the basis of their tenure of employment, veteran preference, length of service, and performance in descending order as set forth under...


is creditable for purposes of this part. Civilian service performed in employment that does not meet the definition of Federal employee set forth in 5 U.S.C. 2105(a)...


5 U.S.C. Section 7116(a)(7), agencies may implement revised Sec. 351.504 at any time between December 24, 1997 and October 1, 1998. For reduction in force actions...


used to determine the retention standing of its employees competing for retention under this part. (b) The agency must allow its retention registers and related records to...


Sec. 351.504: (a) The retention standing of each employee released from a competitive level in the order prescribed in Sec. 351.601 is determined as of the date...


release from a competitive level under this part in the inverse order of retention standing, beginning with the employee with the lowest retention standing on...


retaining in that level an employee with: (a) A specifically limited temporary appointment; (b) A specifically limited temporary or term promotion; (c) A...


a competitive level shall be offered assignment to another position in accordance with subpart G of this part. If the employee accepts, the employee shall be assigned to...


1 year to recall the employee to [[Page 253]] duty in the position from which furloughed. (b) An agency may not separate a competing employee under this...


180 days, it must release employees in group and subgroup order consistent with Sec. 351.601(a). At its discretion, the agency may release the employees in group order...


or Sec. 351.605, it shall give retention priorities over other employees in the same subgroup to each group I or II employee entitled under 38 U.S.C. 2021 or 2024 to...


Sec. 351.601 and to the action provisions of Sec. 351.603 when needed to retain an employee on duties that cannot be taken over within 90 days and without undue...


agency may make a temporary exception to the order of release in Sec. 351.601, and to the action provisions of Sec. 351.603, when needed to retain an employee after the...


employee with a current annual performance rating of record of minimally successful (Level 2) or equivalent, or higher, is released from a competitive level, an...


qualified for assignment under Sec. 351.701 if the employee: (1) Meets the OPM standards and requirements for the position, including any minimum educational requirement,...


Sec. 351.201(b) or Sec. 351.701 of this part without regard to OPM's standards and requirements for the position if: (a) The employee meets any minimum education...


Sec. 351.701 by assignment to a vacant position under Sec. 351.201(b), or by assignment under any applicable administrative assignment provisions of Sec. 351.705, to...


(1) Permit a competing employee to displace an employee with lower retention standing in the same subgroup consistent with Sec. 351.701 when the agency cannot make an...


(a)(1) Each competing employee selected for release from a competitive level under this part is entitled to a specific written notice at least 60 full days before the effective date...


(2) The employee's competitive area, competitive level, subgroup, service date, and three most recent ratings of record received during the last 4 years; ...


specific notice of separation under this part must be given information concerning the right to reemployment consideration and career transition assistance under subparts...


severe than specified, in the notice or in an amendment made to the notice before the agency takes the action. (b) An agency may not take the action before the...


the agency decides to take an action more severe than first specified. (b) An agency must give an employee an amended written notice if the reduction in force is...


during the notice period. When in an emergency the agency lacks work or funds for all or part of the notice period, it may place the employee on annual leave with or...


be considered for eligibility to participate in dislocated worker programs under the Workforce Investment Act of 1998 administered by the U.S. Department of Labor, an...


demoted by a reduction in [[Page 261]] force action may appeal to the Merit Systems Protection Board. [52 FR 46051, Dec....


unwarranted and restores an individual to the former grade or rate of pay held or to an intermediate grade or rate of pay, it shall make the restoration retroactively...


Authority: 5 U.S.C. 3101 note, 3301, 3131 et seq. 3302; E.O. 10577, 3 CFR 1954-1958 Com., p. 218; sec. 352. 209 also issued under 5 U.S.C. 7701, et seq. ...


When an agency believes that an emergency situation is so critical as to justify offers of reemployment rights, it may request OPM to issue a Letter of Authority....


Authority. OPM will determine the standards to be used in issuing Letters of Authority, which shall include the following: (a) The positions to be filled must be...


(a) Employees eligible. The following employees in the executive branch of the Government are eligible to be granted reemployment rights when they are hired...


An appointing officer who intends to employ with reemployment rights an employee of another executive agency [[Page 263]] shall give the losing agency...


his or her former or successor agency. The transfer of an employee with a grant of reemployment rights under this subpart authorizes the return of the employee to his or...


his or her former or successor agency. The transfer of a career SES appointee with a grant of reemployment rights under this subpart authorizes the return of the...


Reemployment rights granted under a Letter of Authority expire at the end of 2 years following the date of the personnel action, unless exercised or otherwise...


(a) Exercise. The time limits for application for reemployment under this subpart are: (1) Within 30 calendar days before the expiration of the term...


(a) Employee's right to reemployment. An employee is entitled to be reemployed by the reemploying agency as promptly as possible but not more than 30 calendar days...


Protection Board. When an agency denies reemployment to a person claiming reemployment rights under this subpart, the agency shall inform him or her of that denial by...


E.O. 11552, 3 CFR 1966-1970 Comp., p. 954; Section 352.313 also issued under 5 U.S.C. 7701, et seq. Source: 35 FR 16525, Oct. 23, 1970, unless...


(a) Agency, employee, international organization, and transfer have the meaning given them by section 3581 of title 5, United States Code; (b) Detail has the meaning...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR352.303] [Page 264] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 352--REEMPLOYMENT RIGHTS--Table of Contents Subpart C--Detail and Transfer of Federal Employees to International Organizations Sec. 352.303 Effective date of equalization allowance. Section 352.310 applies to employment with an international organization that occurs after December 29, 1969. ...


Without prior approval of OPM, an agency may detail or transfer an employee under this subpart to any organization which OPM has designated as an...


An employee, including a person serving under a career appointment in the Senior Executive Service (SES), is eligible to be detailed to an international organization with the...


series of details shall not exceed 5 consecutive years, except that when the Secretary of State, on the recommendation of the head of the agency, determines it to be in the...


An employee is eligible for transfer to an international organization with the rights provided for in, and in accordance with, sections 3581-3584 of title 5, United States Code, and...


(a) Authority to approve transfers. On written request by an international organization for the services of an employee, the agency may authorize the transfer of the...


insurance. (a) Agency and employee action. At the time of consent to the transfer of an employee, the agency shall notify the employee in writing that it will...


(a) An employee transferred to an international organization is entitled to be paid in accordance with paragraphs (a)(1) through (4) of this section, an amount equal to the...


is entitled to be reemployed in his or her former position or one of like seniority, status, and pay within 30 days of his or her application for reemployment if he or...


apply for reemployment either before or after separation by the international organization. If he applies before separation, the 30-day period prescribed in Sec. 352.311...


(a) When an agency fails to reemploy an employee within 30 days of his/her application, it shall notify him/her in writing of the reasons and of his/her right...


(a) Each agency shall consider each employee detailed or transferred to an international organization for all promotions for which he would be considered were he...


Sec. 6(c), 71 Stat. 455; 22 U.S.C. 2025(c); E.O. 10774, 3 CFR, 1954-1958 Comp., p. 418, as amended by E.O. 10804, 3 CFR, 1959-1963 Comp., p. 328. The purpose...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR352.402] [Page 268] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 352--REEMPLOYMENT RIGHTS--Table of Contents Subpart D--Employment of Presidential Appointees and Elected Officers by the International Atomic Energy Agency Sec. 352.402 Coverage. This subpart applies to all officers, as defined in Sec. 352.403(b), of any branch of the Federal Government. ...


In this subpart: (a) Agency means the International Atomic Energy Agency; (b) Officer means any Presidential appointee or elected officer who leaves his position after...


(a) Coverage. (1) To obtain retirement benefits for a term of employment with the agency, an officer covered by subchapter III of chapter 83 of title 5 United...


(a) Pay increase. Except for an employee whose right is to a position in the Senior Executive Service (SES), an officer who is reemployed in the Federal position...


Authority: Sec. 625, 75 Stat. 449; 22 U.S.C. 2385; E.O. 10973; 3 CFR 1959-1963 Comp., p. 493; Section 352.508 also issued under 5 U.S.C. 7701 et seq. This...


This subpart applies to any of the following serving in a position in the Federal Government: (a) A person serving in the competitive service under a career or...


In this subpart: [[Page 270]] (a) Act means the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.); and (b) Former position means...


Subject to the conditions specified in this subpart, an employee who is appointed to a position under authority of section 233(d) or section 625(b) of the Act is entitled,...


At least 45 days before termination of the appointment of an employee entitled to reinstatement, the agency terminating the employee shall notify the employee and his...


An employee who desires reinstatement shall apply for reinstatement, in writing, no later than 30 days after his appointment under authority of section 233(d)...


An employee eligible for reinstatement is entitled to be reinstated as soon as possible after his application for reinstatement, filed in accordance with Sec. 352.506, is...


Protection Board. (a) If an agency determines that an employee who has applied for reinstatement is not eligible for reinstatement, it shall notify the employee...


in Tribal Organizations Sec. 352.701 Purpose. Authority: Sec. 105(i), Pub. L. 93-638, 88 Stat. 2210 (25 U.S.C. 450); E.O. 11899; 41 FR 3459; Section 352.707...


in Tribal Organizations Sec. 352.702 Definitions. In this subpart: (a) Agency means the Bureau of Indian Affairs and the Indian Health Service....


in Tribal Organizations Sec. 352.703 Basic entitlement to reemployment rights on leaving Federal employment. (a) Employees entitled. The following employees of the...


in Tribal Organizations Sec. 352.704 Duration of reemployment rights. (a) Termination of authority. Rights are not granted to persons who leave Federal...


in Tribal Organizations Sec. 352.705 Return to Federal employment. (a) Conditions. Reemployment rights may be exercised only under the following conditions....


in Tribal Organizations Sec. 352.706 Agency response to reemployment application. (a) Employee's right to reemployment. An employee is entitled to be...


in Tribal Organizations Sec. 352.707 Employee appeals to the Merit Systems Protection Board. (a) If an agency denies reemployment to a person claiming...


issued under 22 U.S.C. 3310; E.O. 12143, 45 FR 37452. Source: 46 FR 8433, Jan. 27, 1981, unless otherwise noted. This subpart governs reemployment...


Act (Pub. L. 96-8). Competitive area is the same as defined in Sec. 351.402 of this title; Institute means the American Institute in Taiwan. Specified...


(a) This subpart applies to all executive agencies as defined in section 105 of title 5, United States Code, the U.S. Postal Service, the Postal Rate Commission, and to the...


at the end of 6 years and 30 days, following the date employment commences in the Institute unless exercised or otherwise terminated before that time as provided in...


On reemployment, an employee is entitled to be appointed to a position in the employee's former or successor agency in the following order: (i) To the position last held in...


under the following conditions. The employees must apply in writing to their former or successor agency: (1) No less that 30 calendar days before completion of...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR352.807] [Page 275] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 352--REEMPLOYMENT RIGHTS--Table of Contents Subpart H--Reemployment Rights Under the Taiwan Relations Act Sec. 352.807 Appeals. An employee may appeal to MSPB, under the provisions of the Board's regulations, an agency's decision on his or her request for reemployment which he or she believes is in violation of this subpart. ...


22 U.S.C. 3643. Source: 50 FR 13963, Apr. 9, 1985, unless otherwise noted. This subpart implements section 1203 of the Panama Canal Act of 1979,...


Act means the Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.). Agency means an Executive agency, the United States Postal Service, and the Smithsonian Institution. ...


(a) Authority to approve. The head of an agency may enter into written agreements with the Commission for the detail or voluntary transfer, for set periods of time, of...


only eligible employees transferred or detailed to Commission positions with duty stations in the Republic of Panama. (a) Employees eligible. Except as provided in paragraph...


detailed to the Commission is subject to the same conditions of employment at his or her employing agency as if the employee has not been detailed. (b) The Commission...


conclusion of a term of employment agreed upon as provided in Sec. 352.903, employment with the Commission may be terminated without regard to parts 351, 359, 432, 752, or 771 of...


(a) Exercise. An individual who has been transferred under this subpart to the Commission and wishes to be reemployed must apply in writing to the former...


limits. An employee is to be reemployed by the reemploying agency as promptly as possible, but not later than 30 calendar days after receipt of the reemployment application or...


reemployment to an applicant who claims reemployment rights under this subpart, the agency must notify the applicant in writing of that denial and its reasons. In the same...


agencies in connection with leaves of absence or restoration to duty following uniformed service under 38 U.S.C. 4301 et. seq., and restoration under 5 U.S.C. 8151...


(1) With respect to restoration following a compensable injury, any department, independent establishment, agency, or corporation in the executive branch, including the...


to the uniformed services cover each agency employee who enters into such service regardless of whether the employee is located in the United States or overseas....


separates, grants a leave of absence, restores or fails to restore an employee because of uniformed service or compensable injury, it shall notify the employee of his or...


position vacated by an employee who is injured or leaves to enter uniformed service. It shall also maintain the necessary records to ensure that all such employees are...


(a) An employee absent because of service in the uniformed services is to be carried on leave without pay unless the employee elects to use other leave or freely and knowingly...


employee absent because of uniformed service or compensable injury is generally entitled to be treated as though he or she had never left. This means that a person who...


The laws covered by this part do not permit an agency to circumvent the protections afforded by other laws to employees who face the involuntary loss of their positions. Thus,...


of an employee absent because of uniformed service or compensable injury is transferred to another agency, and if the employee would have been transferred with the function...


uniformed service. (1) OPM will offer placement in the executive branch to the following categories of employees upon notification by the agency and application by...


Reemployment Rights Act of 1994 revised and strengthened the existing Veterans' Reemployment Rights law, made the Department of Labor responsible for investigating...


A person who seeks or holds a position in the Executive branch may not be denied hiring, retention in employment, or any other incident or advantage of employment because of...


effective date of USERRA (12/12/94). To be entitled to restoration rights under this part, cumulative service in the uniformed services while employed by the Federal Government...


under this part, an employee (or an appropriate officer of the uniformed service in which service is to be performed) must give the employer advance written or verbal...


Periods allowed for return to duty are based on the length of time the person was performing service in the uniformed services, as follows: (a) An employee whose uniformed service...


who was absent for more than 30 days, or was hospitalized or convalescing from an injury or illness incurred in or aggravated during the performance of service in...


returning from the uniformed services following an absence of more than 30 days is entitled to be restored as soon as possible after making application, but in no event later...


performing service with the uniformed services must be permitted, upon request, to use any accrued annual leave (or sick leave, if appropriate), or military leave during...


employee may not be demoted or separated (other than military separation) while performing duty with the uniformed services except for cause. (Reduction in force is...


USERRA requires the Department of Labor's Veterans' Employment and Training Service [VETS] to provide employment and reemployment assistance to any Federal employee...


not complied with the provisions of law and this part relating to the employment or reemployment of the person by the agency may-- (a) File a complaint with the...


1 year. An employee who fully recovers from a compensable injury within 1 year from the date eligibility for compensation began (or from the time compensable disability recurs...


special protection in a reduction in force. Separation by reduction in force or for cause while on compensation means the individual has no...


in the competitive service under a temporary appointment pending establishment of a register (TAPER) under Sec. 316.201 of this chapter (other than an employee serving in...


(a) Except as provided in paragraphs (b) and (c) of this section, an injured employee or former employee of an agency in the executive branch (including the U.S. Postal Service and...


This part contains the regulations of the Office of Personnel Management (OPM) that implement subchapter V of chapter 35 of title 5, United States Code, on the Senior...


Executive Service position, senior executive, career appointee, limited emergency appointee, limited term appointee, and noncareer appointee, are defined in 5 U.S.C. 3132(a). ...


Source: 56 FR 172, Jan. 3, 1991, unless otherwise noted. (a) This subpart covers a career appointee who has failed to be recertified under Sec. 317.504 of...


(a) The agency shall notify the career appointee in writing before the effective date of the action. If the appointee has completed the SES probationary period, or...


(a) Removal from the SES under this subpart may not be made effective within 120 days after-- (1) The appointment of a new agency head; or (2) The...


Removal under this subpart is appealable to the Merit Systems Protection Board under 5 U.S.C. 7701. Under 5 U.S.C. 7701(c)(1)(A), the decision of the agency shall be sustained...


This subpart does not apply to the removal of a career appointee during probation when-- (a) The action is initiated under 5 U.S.C. 1206(g) or 5 U.S.C. 7542; ...


(a) Coverage. This section covers the removal of a career appointee from the SES during the probationary period for unacceptable performance. (b)...


(a) Coverage. (1) This section covers the removal of a career appointee from the SES during the probationary period for misconduct, neglect of duty, malfeasance, or failure...


before appointment. (a) Coverage. (1) This section covers the removal of a career appointee from the SES during the probationary period when the action is based...


(a) Coverage. This section covers the removal of a career appointee from the SES during the probationary period under a reduction in force. (b) Basis for...


(a) Removal from the SES under Secs. 359.402 through 359.404 may not be made effective within 120 days after-- (1) The appointment of a new agency head; or (2)...


(a) Removal under Sec. 359.402, 359.403, or 359.404 is not appealable to the Merit Systems Protection Board under 5 U.S.C. 7701. (b) Removal under Sec. 359.405 is appealable to...


Sec. 359.501 General. (a) Coverage. (1) This subpart covers-- (i) A career appointee who has completed the probationary period in the...


Sec. 359.502 Procedures. (a) Notice. The agency shall notify the career appointee in writing at least 30 calendar days before the effective date of...


Sec. 359.503 Restrictions. (a) Removal from the SES under this subpart may not be made effective within 120 days...


Sec. 359.504 Appeals. An action taken under Sec. 359.501 is not appealable to the Merit Systems Protection Board under 5...


Sec. 359.601 General. (a) Coverage. (1) This subpart covers the removal of a career appointee from the SES as a result of a reduction in force. ...


Force Sec. 359.602 Agency reductions in force. (a) Competitive procedures. (1) This paragraph applies to all SES career appointees in the agency, including...


Sec. 359.603 OPM priority placement. (a) Agency certification. (1) If there is no vacant SES position within the agency for which an appointee covered by...


Sec. 359.604 Removal from the SES and placement rights outside the SES. (a) If a probationary appointee is identified for reduction in force under Sec....


Force Sec. 359.605 Notice requirements. (a) Each career appointee subject to removal under Sec. 359.604(b) is entitled to a specific, written notice at...


Sec. 359.606 Appeals. A career appointee may appeal to the Merit Systems Protection Board whether the reduction in force complies with the competitive...


Sec. 359.607 Records. Each agency shall maintain current records needed to determine the retention standing of its competing appointees. The agency shall...


Sec. 359.608 Transfer of function. (a) Transfer of function means the transfer of the performance of a continuing function from one agency to one or more...


subpart covers career appointees, other than reemployed annuitants, who are removed from the SES under any of the following conditions: (a) Removal during the...


appointee covered by this subpart is entitled to be placed in a vacant civil service position (other than an SES position) in any agency that is-- (1) A continuing position...


The agency taking the removal action is responsible for placing the appointee in an appropriate position within the agency, or for arranging a transfer to an appropriate...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR359.704] [Page 294] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 359--REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS--Table of Contents Subpart G--Guaranteed Placement Sec. 359.704 Restrictions. Placement of an appointee under this subpart shall not cause the separation or reduction in grade of any other employee. ...


under this subpart is entitled to receive basic pay at the highest of-- (1) The rate of basic pay in effect for the position in which the appointee is being placed; ...


Authority: 5 U.S.C. 3133 and 3136. Source: 48 FR 11925, Mar. 2, 1983, unless otherwise noted. This subpart sets the conditions under which an agency...


For the purpose of this subpart, furlough means the placing of an appointee in a temporary status without duties and pay because of lack of work or funds or other...


Any furlough for more than 30 calendar days, or for more than 22 workdays if the furlough does not cover consecutive calendar days, shall be made under competitive...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR359.804] [Page 295] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 359--REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS--Table of Contents Subpart H--Furloughs in the Senior Executive Service Sec. 359.804 Length of furlough. A furlough may not extend more than one year. It may be made only when the agency intends to recall the appointee within one year. ...


career appointee who has been furloughed and who believes this subpart or the agency's procedures have not been correctly applied may appeal to the Merit Systems Protection Board...


appointee is entitled to a 30 days' advance written notice of a furlough. The full notice period may be shortened, or waived, only in the event of unforseeable circumstances, such...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR359.807] [Page 295] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 359--REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS--Table of Contents Subpart H--Furloughs in the Senior Executive Service Sec. 359.807 Records. The agency shall preserve all records relating to an action under this subpart for at least one year from the effective date of the action. ...


359.901 Coverage. (a) This subpart covers the removal from the SES of-- (1) A noncareer appointee; (2) A limited emergency or a limited...


359.902 Conditions of removal. (a) Authority. The agency may remove an appointee subject to this subpart at any time. (b) Notice. The agency...


attract to Federal service outstanding men and women from a wide variety of academic disciplines who have a clear interest in, and commitment to, a career in the analysis...


service under Sec. 213.3102(ii) of this chapter, in an executive agency or department. The individual must have completed a graduate course of study at a qualifying college...


be nominated for the Program are graduate students from a variety of academic disciplines completing or expecting to complete, during the current academic year, an advanced...


for Presidential Management Interns is 5 CFR 213.3102(ii). Appointments cannot exceed 2 years unless extended for up to 1 additional year by the agency with the...


who are United States citizens and have successfully completed Presidential Management Internships may be converted noncompetitively to career or...


who resigns during the internship does not have reinstatement eligibility for competitive service positions and cannot be re-interned to the PMI Program. (b)...


agency to another during the internship, the intern must separate from the current agency and be reappointed under PMI appointment by the new employing agency without a break...


and graduation programs for each intern class; and (2) Serve as a clearinghouse of available training opportunities. (b) Agency responsibilities. Each...


facility have the meanings given these terms in section 4101 of title 5, United States Code. (b) Exceptions to organizations and employees covered by...


in Executive Order 11348, the head of each agency shall: (a) Establish, budget for, operate, maintain, and evaluate a program or programs, and a plan or plans...


training and development in agency strategic planning to ensure that: (1) Agency training strategies and activities contribute to mission accomplishment; and ...


11348 specifies the responsibility of heads of agencies to assess agency training needs annually. (b) Method. The method an agency uses to conduct training...


and employee development needs, such as classroom training, on-the-job training, technology-based training, satellite training, employees'...


training programs and plans are found in section 4103(a) of title 5, United States Code, and Executive Order 11348. (b) Alignment with other human resource...


agency shall prescribe procedures as are necessary to ensure that the selection of employees for training is made without regard to political preference, race, color,...


and applying authorized training, and for fulfilling continued service agreements. In addition, they share with their agencies the responsibility to identify...


paying the costs of their training programs and plans from applicable appropriations or from other funds available. Training [[Page 301]] costs associated...


corporations subject to chapter 91 of title 31, the Library of Congress, and the Government Printing office may provide or share training programs developed for...


the fair and equitable selection and assignment of employees to training consistent with merit system principles specified in 5 U.S.C. 2301(b)(1) and (2). (b) Persons...


to provide training under this section, agencies should take into account: (1) Agency authority to modify qualification requirements in certain situations as provided in...


obtain an academic degree under conditions as prescribed at 5 U.S.C. 4107(a). (b) Colleges and universities used in an academic degree training program must be accredited...


in section 4108 of title 5, United States Code. Agencies have the authority to determine when such agreements will be required. (b) Requirements. (1) The head of the...


agreements under section 4108 of title 5, United States Code: (a) An employee on an 8-hour day work schedule assigned to training is counted as being in training for...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR410.311] [Page 303] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 410--TRAINING--Table of Contents Subpart C--Establishing and Implementing Training Programs Sec. 410.311 Records. Agencies shall retain, in such form and manner as the agency head considers appropriate, a record of training events authorized under this subpart for a reasonable period of time. ...


necessary training expenses under section 4109 of title 5, United States Code. (b) An agency may pay, or reimburse an employee, for necessary expenses incurred...


agency may not use its funds, appropriated or otherwise available, to pay premium pay to an employee engaged in training by, in, or through Government or...


provides that an agency may pay, or reimburse an employee for, all or a part of the necessary expenses of training, including the necessary costs of travel; per diem...


a conference as a developmental assignment under section 4110 of title 5, United States Code, when-- (a) The announced purpose of the conference is educational...


considers necessary to protect the Government's interest when employees fail to complete, or to successfully complete, training for which the agency pays...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR410.406] [Page 305] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 410--TRAINING--Table of Contents Subpart D--Paying for Training Expenses Sec. 410.406 Records of training expenses. Agencies shall retain, in such form and manner as the agency head considers appropriate, a record of payments made for travel, tuition, fees and other necessary training expenses for a reasonable period of time. ...


5, United States Code, describes conditions for employee acceptance of contributions, awards, and payments made in connection with non-Government sponsored training or...


(a) In writing, the head of an agency may authorize an agency employee to accept a contribution or award (in cash or in kind) incident to training or to accept payment (in cash or...


such form and manner as the agency head considers appropriate, the following records in connection with each contribution, awards, or payment made and accepted under authority...


and Executive Order 11348, the agency head shall evaluate training to determine how well it meets short and long-range program needs by occupations, organizations, or...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR410.602] [Page 306] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 410--TRAINING--Table of Contents Subpart F--Evaluating Training Sec. 410.602 Records. An agency head shall retain records of these evaluations in such form and manner as he or she considers appropriate. ...


in Sec. 410.302(d), Sec. 410.311, Sec. 410.406, Sec. 410.503, and Sec. 410.602 and report its plans, expenditures and activities to the Office of Personnel Management at...


for supervisory, managerial, and executive positions in the General Schedule, the Senior Executive Service (SES), or equivalent pay systems who are also covered by part...


executives the provisions of chapter 41 of title 5 of the United States Code related to training and section 3396 of title 5 related to the criteria for programs of...


supervisors, and candidates. Each agency must provide for the initial and continuing development of individuals in executive, managerial, and...


Formal SES candidate development programs permit the certification of the executive qualifications of graduates by a Qualifications Review Board under the criterion...


Section 3393 of title 5, United States Code, requires that career appointees to the SES be recruited either from all groups of qualified individuals within the...


``Status'' programs. Only employee serving under career appointments, or under career- type appointments as defined in Sec. 317.304(a)(2) [[Page 309]] of...


(a) Eligibility. Candidates are from outside Government and/or from among employees serving on other than career or career-type appointments within...


Chapter 43 of title 5, United States Code, provides for the performance appraisal of Federal employees. This subpart supplements and implements this portion of...


agency involves its employees, as individuals and members of a group, in improving organizational effectiveness in the accomplishment of agency mission and goals. ...


FR 43943, Aug. 23, 1995, unless otherwise noted. (a) Statutory authority. Chapter 43 of title 5, United States Code, provides for the establishment of...


and agencies covered by statute. (1) Section 4301(1) of title 5, United States Code, defines agencies covered by this subpart. (2) Section 4301(2) of title 5,...


In this subpart, terms are defined as follows: Additional performance element means a dimension or aspect of individual, team, or organizational performance that is not a...


(a) Each agency as defined at section 4301(1) of title 5, United States Code, shall develop one or more performance appraisal systems for employees...


(a) Each agency shall establish at least one appraisal program of specific procedures and requirements to be implemented in accordance with the...


(a) Appraisal period. (1) An appraisal program shall designate an official appraisal period for which a performance plan shall be prepared, during which performance shall...


(a) Minimum period. An appraisal program shall establish a minimum period of performance that must be completed before a performance rating may be prepared. (b)...


(a) As soon as practicable after the end of the appraisal period, a written, or otherwise recorded, rating of record shall be given to each employee. (1) A rating...


An agency shall-- (a) Submit to OPM for approval a description of its appraisal system(s) as specified in Sec. 430.204(b) of this...


(a) OPM shall review and approve an agency's performance appraisal system(s). (b) OPM may evaluate the operation and application of an agency's performance...


(a) Statutory authority. Chapter 43 of title 5, United States Code, provides for performance management for the Senior Executive Service (SES), the establishment of SES...


of chapter 31 of title 5, United States Code. (b) This subpart applies to agencies identified in section 3132(a)(1) of title 5, United...


Appointing authority means the department or agency head, or other official with authority to make appointments in the Senior Executive Service. ...


each agency must develop and administer one or more performance management systems for its senior executives. (b) Performance management systems must...


that describes the individual and organizational expectations for the appraisal period and sets the requirements against which performance will be...


the appraisal period and provide feedback to the senior executive on progress in accomplishing the performance elements and requirements described in the...


executive's performance in writing and assign an annual summary rating at the end of the appraisal period. (1) At a minimum, a senior executive must be appraised on...


summary rating of the senior executive's performance, in writing, and share that rating with the senior executive. The senior executive may respond in writing. ...


ratings as a basis for adjusting pay, granting awards, and making other personnel decisions. Performance information will also be a factor in assessing a senior...


make recommendations to the appointing authority on the performance of its senior executives. (a) Membership. (1) Each PRB must have three or more members who are appointed...


effectively implemented, agencies must provide appropriate information and training to supervisors and senior executives on performance management, including planning...


systems to OPM for approval. (b) OPM will review agency systems for compliance with the requirements of law, OPM regulations, and OPM performance...


this part based solely on performance at the unacceptable level. 5 U.S.C. 4305 authorizes the Office of Personnel Management to prescribe regulations to carry out the purposes of...


(b) Actions excluded. This part does not apply to: (1) The reduction in grade of a supervisor or manager who has not completed the probationary period under...


requirement(s) or standard(s) at a level of performance above ``unacceptable'' in the critical element(s) at issue. (b) Critical element means a work assignment...


determined to be unacceptable in one or more critical elements, the agency shall notify the employee of the critical element(s) for which performance is unacceptable and...


Once an employee has been afforded a reasonable opportunity to demonstrate acceptable performance pursuant to Sec. 432.104, an agency may propose a reduction-in-grade...


reduced in grade under this part may appeal to the Merit Systems Protection Board if the employee is: (1) In the competitive service and has completed a probationary or...


reduction in grade or removal which is based on unacceptable performance and make it available for review by the affected employee or his or her representative. At a minimum,...


45 of title 5, United States Code authorizes agencies to pay a cash award to, grant time-off to, and incur necessary expense for the honorary recognition of, an...


that contributes to meeting organizational goals or improving the efficiency, effectiveness, and economy of the Government or is otherwise in the public interest....


subpart. (b) Agencies are encouraged to involve employees in developing such programs. When agencies involve employees, the method of involvement shall be in accordance...


charge to leave or loss of pay consistent with chapter 45 of title 5, United States Code, and this part to an employee, as an individual or member of a group, on the...


a Presidential election period to employees who are-- (1) In a Senior Executive Service position and not a career appointee as defined under 5 U.S.C....


a program does not conflict with or violate any other law or Governmentwide regulation. (b) When a recommended award would grant more than $10,000 to an individual...


award that would grant more than $10,000 to an individual employee. [[Page 327]] (b) When a recommended award would grant more than $25,000 to an...


chapter 45 of title 5, United States Code, the President may pay a cash award to and incur necessary expenses for the honorary recognition of an employee who: (b)...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR451.202] [Page 327] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 451--AWARDS--Table of Contents Subpart B--Presidential Awards Sec. 451.202 Payment. (a) A Presidential award is paid by the agency(ies) primarily benefiting from the employee contribution. (b) A Presidential award may be in addition to an agency award under subpart A of this part. ...


Executive Order 10717, as amended, shall review agency recommendations for the President's Award for Distinguished Federal Civilian Service and recommend to the...


(a) The circumstances under which the President may award the rank of Distinguished Executive and Meritorious Executive to a Senior Executive Service (SES)...


Distinguished Senior Professional and Meritorious Senior Professional to a senior career employee are set forth in 5 U.S.C. 4507a. (b) To be eligible for a rank award, a...


SES appointees awarded the rank of Meritorious Executive may not exceed 5 percent of the career SES; and (ii) The number of career SES appointees awarded the rank...


employee entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under 5 U.S.C....


conditions, and evaluation factors, for rank award nominations, in consultation with agencies and other stakeholders. Agencies shall nominate individuals for...


5, United States Code, provides the Office of Personnel Management (OPM) with the authority to: (1) Establish and maintain, and assist in the establishment and maintenance...


means a project conducted by the Office of Personnel Management, or under its supervision, to determine whether a specified change in personnel management policies...


The purposes of research programs undertaken under this subpart are to stimulate and conduct personnel management research which: (a) Develops new knowledge, techniques,...


be conducted by the Office of Personnel Management, or under contract or agreement, as appropriate, by: (a) Federal agencies; (b) State and local governments; ...


OPM will announce opportunities for research contracts by issuing Requests for Proposals (RFP's) in accordance with Federal procurement regulations. Unsolicited proposals may...


(a) Demonstration projects permit the Office of Personnel Management and Federal agencies to test alternative personnel management concepts in controlled situations to determine...


Federal agency, or groups of two or more Federal agencies, eligible to propose demonstration projects under 5 U.S.C. 4701(a)(1) and 4701(b) may conduct demonstration projects...


(a) OPM will accept project proposals at any time. However, OPM may delay action for a reasonable amount of time on submitted proposals until comparisons can...


(a) 5 U.S.C. 4703 requires notification of tentatively approved demonstration project plans to Congress, employees, labor organizations, and the public. (b) OPM shall: ...


public hearing. OPM shall hold a public hearing no less than 30 days after the date of its notice in the Federal Register during which interested persons or organizations may...


(a) The Office of Personnel Management will consider all timely relevant oral and written views, arguments, and data before final approval or disapproval of a project plan. OPM may...


Agencies will prepare demonstration project implementing regulations, as appropriate, to replace Government-wide statutes and regulations waived for the project....


OPM-approved projects permit the testing of alternative personnel systems and procedures in accordance with the provisions of the project plan. The provisions of...


evaluation. OPM will review the operation of the project periodically to determine its compliance with the requirements of this part and the approved project plan. If...


meanings given them by section 5102 of title 5, United States Code. (b) Class means all positions which are sufficiently similar as to (1) kind or subject-matter of work,...


and chapter 51 of the title 5, United States Code, apply to all positions in the agencies except those specifically excluded by section 5102 of title 5, United States Code. (5...


part and Sec. 511.203, an agency may determine whether a position is subject to, or is excluded from, chapter 51 of title 5, United States Code, by section 5102(c) (7) and...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR511.203] [Page 333] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 511--CLASSIFICATION UNDER THE GENERAL SCHEDULE--Table of Contents Subpart B--Coverage of the General Schedule Sec. 511.203 Exercise of authority. An agency may exercise the authority under Sec. 511.202 only in accordance with guidelines and standards issued by OPM. Subparts C-E [Reserved] ...


noted. This subpart applies to a request from an employee or an agency for the Office to review the classification of a position subject to chapter 51...


reclassified to a lower grade which is based in whole or in part on a classification decision is entitled to a prompt written notice from the agency. This includes employees who...


representative acting on behalf of an employee, may request an Office decision as to: (1) The appropriate occupational series or grade of the employee's...


Office directly, or by forwarding the appeal through the employing agency. (b) Referral of an employee appeal to the Office. An agency shall forward, within 60 calendar...


or her official position at any time. If the employee has suffered a loss in grade or pay, is not entitled to retained grade or pay, and desires retroactive adjustments, the...


shall be in writing, and shall contain the reasons why the employee believes his or her position is erroneously classified, or should be brought under or excluded...


Office under this subpart. Such issues may be reviewed under administrative or negotiated grievance procedures if applicable: (1) The accuracy of the official...


or her choice to assist in the preparation and presentation of an appeal. An agency may disallow an employee's representative when the individual's activities as a...


the agency shall furnish such facts as may be requested by the Office within the time frames specified. The facts shall be in writing when so requested. The Office, in...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR511.610] [Page 336] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 511--CLASSIFICATION UNDER THE GENERAL SCHEDULE--Table of Contents Subpart F--Classification Appeals Sec. 511.610 Notification. The Office shall notify the employee, or a representative if one is designated, and the agency in writing of its decision. ...


the employee so notified in writing in the following circumstances: (a) On receipt of the employee's written request for cancellation. (b) On failure to...


reconsidered by the Office. There is no further right of appeal. The Office may reconsider a decision at its discretion. The decision shall constitute a certificate...


may, at its discretion, reopen and reconsider a certificate issued under this subpart. (a) The Classification Appeals Office may remand to the respective region of the...


and reconsider any decision when written argument or evidence is submitted which tends to establish that: (a) The previous decision involves an erroneous interpretation...


action, e.g., a temporary promotion or a temporary reassignment when available, if: (a) A position has been certified by the Office under either section 5110...


the individual from whose file the information is sought, shall disclose the following information from an appeal file to a member of the public, except when...


Source: 46 FR 9915, Jan. 30, 1981, unless otherwise noted. (a) Agency classification actions. (1) A classification action is a determination...


decisions. (a) Subject to Sec. 511.703, the effective date of a change in the classification of a position resulting from a classification appeal...


(a) Applicability. A retroactive effective date may be required only if the employee is wrongfully demoted. (b) Downgrading. (1) The effective date of...


This subpart provides regulations to implement 5 U.S.C. 5307, which limits an employee's aggregate compensation to the rate payable for level I of the Executive Schedule at...


5 U.S.C. 105. Aggregate compensation means the total of-- (1) Basic pay received as an employee of the executive branch or as an employee outside the executive...


(or General Schedule employee in the legislative or judicial branch) may receive any allowance, differential, bonus, award, or other similar cash payment under title 5,...


amounts in excess of the limitations described in or established by Sec. 530.203 shall be paid to the employee in a lump-sum at the beginning of the following calendar...


and shall transfer such records to any agency to which an employee may transfer and make such records available to any agency in which an employee may be reemployed during...


This subpart applies to agencies having positions paid under-- (a) A statutory pay system; or (b) Any other pay system established by or...


of this part, the Office of Personnel Management (OPM) may establish, and agencies shall pay, special salary rates under section 5305 of title 5, United States Code,...


(a) OPM may increase the minimum rates otherwise payable under the pay schedules identified in Sec. 530.301 of this part in one or more areas or locations to the extent it...


of pay for one or more grades or levels for which special rates have been authorized under 5 U.S.C. 5305, but at least annually, OPM shall review special salary...


agencies shall initiate action to discontinue or revise special salary rate schedules when it is determined that these schedules are no longer needed, or no longer needed at...


(1) Except as otherwise provided in this section, when an employee is in a position to which a special rate schedule becomes initially applicable or for which the...


as provided in paragraphs (b) and (c) of this section, when an employee was receiving a special rate immediately before the effective date of an adjustment in scheduled rates of...


This subpart and sections 5333 and 5334 of title 5, United States Code, apply to employees and positions, other than Senior Executive Service positions, to which chapter...


by section 5102 of title 5, United States Code. Demotion means a change of an employee, while continuously employed, from: (1) One General Schedule grade to a...


of title 5, United States Code, and paragraph (b) of this section, a new appointment is made at the minimum rate of the grade, or when the minimum rate of the grade of...


section 5334(b) of title [[Page 351]] 5, United States Code, apply only to an employee who is promoted or transferred from a position in one grade of the...


(a) On the effective date of a pay adjustment under 5 U.S.C. 5303, the rate of basic pay of an employee subject to the General Schedule shall be initially...


the employee is eligible to receive a higher rate of basic pay under Sec. 531.203(c) of this part, the initial rate of basic pay under the General Schedule of an employee of...


In this subpart: Law enforcement officer means a law enforcement officer as defined in Sec. 550.103 of this part with respect to whom the provisions...


determine the special law enforcement adjusted rate of pay, the scheduled annual rate or pay for a law enforcement officer whose official duty station is in one of the special...


When it is necessary to convert the special law enforcement adjusted rate of pay to an hourly, daily, weekly, or biweekly rate, the following methods apply: (a) To...


(a) A law enforcement officer shall receive the greatest of-- (1) His or her rate of basic pay, including any applicable special salary rate established under 5 U.S.C. 5305...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR531.305] [Page 356] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 531--PAY UNDER THE GENERAL SCHEDULE--Table of Contents Subpart C--Special Pay Adjustments for Law Enforcement Officers Sec. 531.305 Reports. The Office of Personnel Management may require agencies to report pertinent information concerning the administration of payments under this subpart. ...


under FBI demonstration project. As required by section 406 of the Federal Employees Pay Comparability Act of 1990 (Pub. L. 101-509), a retention payment payable to...


(a) Except as provided in paragraphs (c) and (d) of this section, the dollar amount of a special law enforcement adjusted rate of pay that was calculated under regulations...


The following are the principal authorities for the regulations in this subpart: (a) Section 2301(b)(3) of title 5, United States Code, provides in part...


applies to employees who occupy permanent positions classified and paid under the General Schedule and who are paid less than the maximum rate of their grades. ...


by an employee that warrants advancement of the employee's rate of basic pay to the next higher step of the grade or the next higher rate within the grade (as defined...


the grade of his or her position shall earn advancement in pay to the next higher step of the grade or the next higher rate within the grade (as defined in Sec. 531.403)...


an employee with a scheduled tour of duty, the waiting periods for advancement to the next higher step in all General Schedule grades (or the next higher rate within the...


Government (executive, legislative, or judicial) or with a Government corporation as defined in section 103 of title 5, United States Code, is creditable service in...


more than one increase in his or her rate of basic pay during a waiting period, no one of which is an equivalent increase, the first and subsequent increases during...


the agency or other agency official to whom such authority is delegated shall determine which employees are performing at an acceptable level of competence. (b) Basis...


her designee, issues a negative determination the following procedures are established in accordance with section 5335(c) of title 5, United States Code for reconsideration...


has been withheld, an agency may, at any time thereafter, prepare a new rating of record for the employee and grant the within-grade increase when it determines that he...


of this section, a within- grade increase shall be effective on the first day of the first pay period following completion of the required waiting period and in compliance with...


Personnel Management may require agencies to maintain records and report on the use of the authority to grant or withhold within-grade increases. (b) Evaluation. The...


granted to an employee who has: [[Page 364]] (1) Appealed a negative within-grade increase determination to the Merit Systems Protection Board under 5...


This subpart contains regulations of the Office of Personnel Management to carry out section 5336 of title 5, United States Code, which authorizes the head of an agency,...


Code. Employee means an employee of an agency. Quality step increase is synonymous with the term ``step increase'' used in section 5336 of title 5, United...


appropriate incentives and recognition for excellence in performance by granting faster than normal step increases. [60 FR 43948, Aug....


not be required but may be granted only to-- (a) An employee who receives a rating of record at Level 5 (``Outstanding'' or equivalent), as defined in part 430, subpart...


quality step increase may not be granted to an employee who has received a quality [[Page 365]] step increase within the preceding 52 consecutive...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR531.506] [Page 365] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 531--PAY UNDER THE GENERAL SCHEDULE--Table of Contents Subpart E--Quality Step Increases Sec. 531.506 Effective date of a quality step increase. The quality step increase should be made effective as soon as practicable after it is approved. [60 FR 43948, Aug. 23, 1995] ...


OPM may require. (b) Agencies shall report quality step increases to the Central Personnel Data File in compliance with instructions in the OPM Operating...


evaluate an agency's use of the authority to grant quality step increases. The agency shall take any corrective action required by the Office. [60 FR 43948, Aug....


This subpart provides regulations to implement 5 U.S.C. 5304, which authorizes locality-based comparability payments to reduce pay disparities with non-Federal...


a Consolidated Metropolitan Statistical Area, as defined by the Office of Management and Budget (OMB) in List II of the attachments to OMB Bulletin 99-04. Continental...


payable to employees whose official duty stations are located in the locality pay areas listed in paragraph (b) of this section. (b) The following are locality pay areas...


payable to an employee, the applicable scheduled annual rate of pay shall be increased by the percentage authorized by the President for the locality pay area in which...


When it is necessary to convert an annual locality rate of pay to an hourly, daily, weekly, or biweekly rate, the following methods apply: (a) To derive an hourly rate, divide...


greatest of-- (1) His or her rate of basic pay, including any applicable special salary rate established under 5 U.S.C. 5305 or similar provision of law or special rate...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR531.607] [Page 369] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 531--PAY UNDER THE GENERAL SCHEDULE--Table of Contents Subpart F--Locality-Based Comparability Payments Sec. 531.607 Reports. The Office of Personnel Management may require agencies to report pertinent information concerning the administration of payments under this subpart. ...


In this subpart: Continued rate of pay means a rate of pay first established in January 1994 for an employee who previously received an interim geographic adjustment...


is necessary to convert a continued rate of pay from an annual rate to an hourly, daily, weekly, or biweekly rate, the following methods apply: (a) To derive an hourly...


of-- (1) His or her rate of basic pay, including any applicable special salary rate established under 5 U.S.C. 5305 or similar provision of law or special rate for...


As required by section 406 of the Federal Employees Pay Comparability Act of 1990 (Pub. L. 101-509), a retention payment payable to an employee of the New York Field Division...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR531.705] [Page 370] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 531--PAY UNDER THE GENERAL SCHEDULE--Table of Contents Subpart G--Continued Rates of Pay Sec. 531.705 Reports. The Office of Personnel Management may require agencies to report pertinent information concerning the administration of payments under this subpart. [[Page 371]] ...


by all agencies subject to section 5342 of title 5, United States Code, in fixing pay for prevailing rate employees as nearly as is consistent with the public interest...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR532.103] [Page 372] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 532--PREVAILING RATE SYSTEMS--Table of Contents Subpart A--General Provisions Sec. 532.103 Coverage. The provisions of this part shall apply to prevailing rate employees and agencies covered by section 5342 of title 5, United States Code. ...


by the lead agency or the Office of Personnel Management (OPM) to prevailing rate employees within the appropriate wage area, in accordance with the provisions of...


survey conducted at least every 2 years in which data are collected from a current sampling of establishments in the private sector by personal visit of data collectors. ...


schedule shall have 15 grades, which shall be designated as follows: (1) WG means an appropriated fund nonsupervisory grade; [[Page 373]] (2) WL means...


(a) Wage schedules, including special schedules, shall not include any rates of pay less than the higher of: (1) The minimum rate prescribed by section 6(a)(1) of...


annual intervals. (b) A full-scale survey shall be made in the first year of the 2- year cycle and shall include development of a current sample of establishments...


appropriated and nonappropriated fund wage area based on the number of agency employees covered by the regular wage schedule for that area and the capability of the agency...


of one or more survey areas along with nonsurvey areas, if any. (1) Survey area: A survey area is composed of the counties, parishes, cities, or townships in...


the following Standard Industrial Classifications (SIC) shall be included in all wage surveys for regular wage schedules: ...


a total employment of 50 or more employees in the prescribed industries within a survey area shall be included within the survey universe. On rare occasions and as...


Job ...


consist of one or more survey areas along with nonsurvey areas, if any, having nonappropriated fund employees. [[Page 377]] (1) Survey area: A survey area...


Standard Industrial Classifications (SIC) shall be included in all wage surveys for regular...


20 or more employees in the prescribed industries within a survey area shall be included in the survey universe. Establishments in SIC 5962, SIC 5541, SIC 7933, and SIC...


Job ...


the purpose of considering matters relating to the conduct of wage surveys, the establishment of wage schedules and making recommendations thereon to the lead agency. ...


committee in each wage area for which it has lead agency responsibility and in which a labor organization represents, by exclusive recognition, wage employees subject to...


(1) Defines the boundaries of wage and survey areas; (2) Prescribes the required industries to be surveyed; (3) Prescribes the required job coverage...


to each full-scale survey: (1) Shall hold a public hearing to receive recommendations from interested parties concerning the area, industries, establishments and jobs...


the date the survey is ordered by the lead agency. (b) Data collection for a full-scale wage survey shall be accomplished by personal visit to the establishment....


all establishment information and survey job data collected in the wage survey for completeness and accuracy and forward all of the data collected to the lead...


survey data forwarded by the local wage survey committee to: (1) Assure that the survey was conducted within the prescribed procedures and specifications; (2)...


rate for each appropriated fund survey job having at least 10 unweighed matches and for each nonappropriated fund job having at least 5 unweighed matches. The...


the agency wage committee: (1) The data collected in the wage survey; (2) The report and recommendations of the local wage survey committee concerning the use of data; ...


payline and construct wage schedules therefrom for issuance as the regular wage schedules for the wage area, after considering all of the information, analysis,...


years during which full-scale wage surveys are not conducted. (b) Data shall be collected in wage change surveys only from establishments which participated in the...


establish the rate of the second, third, fourth, or fifth step of one or more grades of an occupation as the [[Page 385]] mandatory minimum rate or rates payable...


for use within all or part of a wage area for a designated occupation or occupational specialization and grade, in lieu of rates on the regular schedule. OPM may...


(a) When special rates or rate ranges are established for nonsupervisory positions, a lead agency also shall establish special rates for leader, supervisory, and...


for use within an area for specific occupations that are critical to the mission of a Federal activity based on findings that-- (1) Unusual prevailing pay...


shall establish and issue regular appropriated fund wage schedules for U.S. citizens who are employees in foreign areas. These wage schedules shall provide rates of pay...


Defense shall establish and issue regular nonappropriated fund wage schedules for U.S. citizens who are wage employees in foreign areas. These schedules will provide rates of...


establish and issue special wage schedules for U.S. civil service wage employees in certain U.S. insular areas. The Department of Defense is the lead agency for Guam, Midway,...


the Puerto Rico wage area. (a) The Department of Defense shall establish special wage schedules for leader and supervisory wage employees in the Puerto Rico...


each FWS wage area shall establish special nonsupervisory and supervisory production facilitating wage schedules for employees properly allocable to production...


wage schedules for apprentices and shop trainees who are included in: (1) Formal apprenticeship programs involving training for journeyman level duties in...


in Puerto Rico. (a) The Department of Defense shall conduct special industry surveys and establish special wage schedules for wage employees in Puerto Rico...


(a) The Department of Defense shall establish special wage schedules for nonsupervisory, leader, and supervisory wage employees of the Corps of Engineers, U.S. Army, who...


Department of the Interior shall establish special schedules for wage employees of the National Park Service whose duty station is located in one of the following...


(a) The United States Information Agency shall establish special wage schedules for Radio Antenna Riggers employed at transmitting and relay stations in the...


establish special wage schedules for nonsupervisory ship surveyors and supervisory ship surveyors in Puerto Rico. (b) Rates shall be computed as follows: ...


of Defense shall establish special wage schedules for prevailing rate employees at the United States Marine Corps Mountain Warfare Training Center in...


schedule area listed in paragraph (j) of this section shall conduct special printing surveys and establish special printing schedules for positions properly allocable...


schedule payments for prevailing rate employees who perform diving and tending duties. (b) Employees who perform diving duties shall be paid 175 percent of...


(a) Tipped employees shall be paid from the regular nonappropriated fund (NAF) schedule applicable to the employee's duty station. (b) A tip offset may be...


(a) Tipped employees shall be paid from the regular nonappropriated fund (NAF) schedule applicable to the employee's duty station. (b) A tip offset may be...
...


area means the nearest wage area which is most similar to the local wage area in terms of private employment, population, relative numbers of private employers in major...


industry'' is a Federal activity engaged in the production or repair of aircraft, ammunition, artillery and combat vehicles, communication equipment,...


the number of wage employees in the wage area who [[Page 449]] are subject to the wage schedule for which the survey is made and employed in occupations...


of the local wage survey committee shall, before a full-scale wage survey is scheduled to begin, notify all appropriated or nonappropriated fund activities having...


industry comparable to an appropriated fund dominant industry is adequate when: (1) The survey area is one of the 25 largest Standard Metropolitan Statistical Areas,...


it is determined that there are one or more dominant industries within a wage area, the lead agency shall insure that the survey includes the industries and survey jobs related to...


shall use the following private sector industries in making its determinations for each specialized industry: Aircraft SIC...


adds to the industries to be surveyed, it shall add to the required survey jobs the specialized survey jobs listed below opposite the...


other than those in the Department of Defense, the lead agency shall, in establishing the regular schedule under the provisions of this subpart, analyze and use...


position of an employee who, while continuously employed-- (1) Moves from a position in one grade of a prevailing rate schedule established under this part to a position in...


to a position shall be made at the minimum rate of the appropriate grade. (b) An agency may make a new appointment at a rate above the minimum rate of...


and part 536 of this chapter, when an employee is reemployed, reassigned, transferred, promoted, or changed to a lower grade, the agency may fix the pay at any rate of the...


of the grade to which promoted which exceeds the employee's existing scheduled rate of pay by at least four percent of the representative rate of the grade from...


an employee's rate of basic pay as a result of the grading or regrading of the employee's position shall be effective on the date the grading or regrading action is finally...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR532.411] [Page 455] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 532--PREVAILING RATE SYSTEMS--Table of Contents Subpart D--Pay Administration Sec. 532.411 Details. An appropriated fund employee detailed to a position other than the position to which appointed shall be paid at the rate of the position to which appointed. ...


same time, the employing agency shall process the pay changes in the order which will provide the maximum benefit, except as required by paragraph (b) of this section. ...


a wage area shall place new or revised wage schedules into effect at the beginning of the first full shift on the date specified on the schedule by the lead agency. ...


a work performance rating of satisfactory or better shall advance automatically to the next higher step within the grade in accordance with section 5343(e)(2) of title...


564, 573), an employee's initial rate of pay on conversion to a wage schedule established under the provisions of subchapter IV of chapter 53, title 5, United States...


seven consecutive calendar days. [[Page 457]] Basic workweek for full time employees means the days and hours within an administrative workweek which make...


the Fair Labor Standards Act of 1938, as amended, shall be paid overtime pay in accordance with 5 U.S.C. 5544 and this section. Employees who are nonexempt shall be paid...


compensatory time off from an employee's tour of duty instead of payment under Sec. 532.503 or the Fair Labor Standards Act of 1938, as amended, for an equal amount...


in accordance with section 5343 of title 5, United States Code. (b) Absence on holidays. An employee regularly assigned to a shift for which a night...


work on a holiday which is not overtime work shall be paid the employee's rate of basic pay plus premium pay at a rate equal to the rate of basic pay. (b)...


of service which is not overtime work, a part of which is on Sunday, is entitled to additional pay under the provisions of section 5544 of title 5, United...


accordance with section 5343(c)(4) of title 5, United States Code, an employee shall be paid an environmental differential when exposed to a working condition or hazard...


accordance with section 5343(c)(4) of title 5, United States Code, an employee shall be paid an environmental differential when exposed to a working condition or hazard...
...


accordance with section 5346 of title 5, United States Code. Appropriate instructions to agencies on the application of the job grading system shall be published by the Office...


grade, or title to which the employee's job is assigned, but may not appeal under this subpart the standards established for the job, nor other matters such as the accuracy...


for review of the correctness of the series, grade or title of the employee's job. Note: Application for review will be hereafter referred to as...


series, grade or title of the job to the appropriate office of the Office of Personnel Management only (i) after the agency has issued a decision under the...


from whose file the information is sought, shall disclose the following information from an appeal file to a member of the public, except when the disclosure...


or retention purposes. (a) When authorized by specific statutory authority providing for exceptions to pay limitations imposed by statute, the Office...


Under subchapter V of chapter 53 of title 5, United States Code (U.S.C. 5351-5356), agencies may pay stipends and provide certain services to certain student-employees...


following student-employees are covered under this program, provided they are assigned or attached principally for training purposes to a hospital, clinic, or medical...


stipends are to be set by the agency, subject to the maximum stipends prescribed in the following table: Maximum...


authorization approved by the Civil Service Commission or the Office of Personnel Management before February 15, 1979, and such authorizations remain in effect until modified...


This subpart provides rules for determining the rate of basic pay and locality-adjusted rate of basic pay for employees who are appointed to positions in...


in temporary organizations. Such employees are not subject to the provisions applicable to General Schedule employees covered by chapter 51 and subchapter III of chapter...


positions of temporary organizations may not exceed the maximum rate of basic pay established for the Senior Executive Service under 5 U.S.C. 5382. Therefore, the...


level positions of temporary organizations may not exceed the maximum rate of basic pay for grade GS-15 of the General Schedule under 5 U.S.C. 5332, excluding...


be applied to employees of temporary organizations. This includes requirements for biweekly pay periods and requirements for converting an annual rate of basic pay to a...


23, 1989, unless otherwise noted. (a) Definitions. In this subpart-- Agency means an executive agency or military department, as defined by 5 U.S.C. 105...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR534.402] [Page 476] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 534--PAY UNDER OTHER SYSTEMS--Table of Contents Subpart D--Pay and Performance Awards Under the Senior Executive Service Sec. 534.402 Aggregate compensation. Senior executives are subject to the aggregate compensation limitations in subpart B of part 530 of this chapter. [56 FR 18662, Apr. 23, 1991] ...


to career appointees in the Senior Executive Service (SES). (1) To be eligible for an award, the individual must have been an SES career appointee as of the end...


provided in paragraph (b), pay for members of the senior executive service shall be computed in accordance with 5 U.S.C. 5504(b). (b) From the first day of the first...


5541(2)(xvi) and 5 CFR 550.101(b)(18), members of the Senior Executive Service (SES) are excluded from premium pay, including overtime pay. (b) Since SES members are...


Apr. 23, 1991, unless otherwise noted. (a) This subpart implements 5 U.S.C. 5376 and applies to-- (1) Senior-level (SL) positions classified above GS-15 pursuant to...


this subpart shall be-- (a) Not less than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; and (b) Not greater than the rate...


positions subject to this subpart shall establish written procedures for setting the pay of incumbents of the positions in accordance with the provisions of law and...


Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under 5 U.S.C. 5303 in the rates...


compensation. Limits on aggregate compensation, including basic pay, are in 5 U.S.C. 5307 and part 530, subpart B, of this chapter. (b) Performance awards....


section covers initial conversion to the pay system under 5 U.S.C. 5376 as of the effective date of these regulations. (b) The rate of basic pay for any individual converting...


(a) This subpart implements 5 U.S.C. 5372b and applies to administrative appeals judge positions, the duties of which are not classifiable above GS-15 under 5 U.S.C. 5108...


GS-15 under 5 U.S.C. 5108 and for which the duties primarily involve reviewing decisions of administrative law judges appointed under 5 U.S.C. 3105 and rendering...


six rates of basic pay--AA-1, 2, 3, 4, 5, and 6. These rates correspond to the rates of basic pay for AL-3/A, B, C, D, E, and F, respectively, of the administrative law judge...


for each administrative appeals judge position within the agency. (b) Upon initial appointment, an agency must set the rate of basic pay of an administrative appeals judge...


11, 2001, agencies must convert the rate of basic pay of an administrative appeals judge to the lowest rate of basic pay provided by Sec. 534.603(a) of this subpart...


1978) provides that an employee who is placed in a lower grade as a result of reduction-in-force procedures, or whose position is reduced in grade as a result of...


means a reduction in grade that is initiated by the employee for his or her benefit, convenience, or personal advantage. A demotion that is caused or influenced by...


to an employee who moves to a position in a covered pay schedule which is lower graded than the position held immediately prior to the demotion in the...


employee whose rate of basic pay would otherwise be reduced: (1) As the result of the expiration of the 2-year period of grade retention; or (2) As a result...


(1) Moves from a position that is not in an agency as defined in 5 U.S.C. 5102; (2) Is identified under 5 U.S.C. 2105(c), except prevailing rate employees included...


different pay schedules or pay systems. For the purpose of determining whether the grade of a position is equal to, higher than, or lower than the grade of another...


(a) An employee entitled to grade retention is entitled to retain that grade for 2 years beginning on the date the employee is placed in the lower graded position. ...


(a) An employee who is in a position under a covered pay schedule immediately prior to the action which gives entitlement to grade retention shall retain the...


schedule. (a) When an employee entitled to grade retention is placed in a position in a different geographical area, the rate schedule which applies to the...


of basic pay. (a) When an employee becomes entitled to grade retention, or moves to another position during a period of grade retention under conditions which...


For the purposes of this part, an offer of a position, in order to be considered a reasonable one, must fulfill the following conditions: (1) The...


retention. (a) Eligibility for grade retention as a result of entitlement under Sec. 536.103(a) of this part ceases if any of the following conditions occurs at...


(a) Grade retention terminates if any of the conditions listed in Sec. 536.207(a) occurs after commencement of the 2-year period of grade retention. ...


or termination of, pay retention. (a) Eligibility for pay retention, or actual retention of pay, ceases if any of the following conditions occurs at any time after...


this part are required to establish in writing placement and classification plans. (b) The placement and classification plans must commit the agency to: (1)...


in paragraph (e) of this section, an employee whose grade or pay retention benefits are terminated on the grounds the employee declined a reasonable offer of a position the...


writing as a permanent part of the employee's Official Personnel Folder. As a [[Page 488]] minimum this documentation will include a copy of the letter...


employing agency shall give to the employee, with a copy of the Notification of Personnel Action (SF-50) documenting entitlement to grade and/or pay retention, a...


whose file the information is sought, shall disclose the following information from an appeal file to a member of the public, except when the disclosure would constitute...


an employee is entitled to grade retention, the retained grade shall be treated as the employee's grade for all purposes, including pay and pay administration,...


may agree to repay (by direct payment on behalf of the employee) all or part of any outstanding federally insured student loan [[Page 489]] or loans...


the meaning given that term in 5 U.S.C. 2105, except it does not include an employee occupying a position which is excepted from the competitive service because of its...


student loan repayment plan. This plan must include the following elements: (1) The designation of officials with authority to review and approve offering student...


to recruit or retain-- (a) Temporary employees who are serving on appointments leading to conversion to term or permanent appointments; or (b) Term employees...


the absence of offering loan repayment benefits, the agency would encounter difficulty either in filling the position with a highly qualified candidate,...


limitations, or conditions as may be mutually agreed to in writing by the agency and employee. Payments may be applied only to the indebtedness outstanding at the time...


specified period of employment with the agency and to reimburse the agency for loan repayment benefits, when required by Sec. 537.109. This agreement may also specify any...


from that agency if the employee: (1) Separates from the agency; or (2) Does not maintain an acceptable level of performance, as determined under...


of employment established under a service agreement will be indebted to the Federal Government and must reimburse the paying agency for the amount of any student loan...


OPM's request. These records may be destroyed after 3 years or after OPM formally evaluates the program (whichever comes first). (b) Before January 1st of each year,...


(i), 5547(b) and (c), 5548, and 6101(c); sections 407 and 2316, Pub. L. 105-277, 112 Stat. 2681-101 and 2681-828 (5 U.S.C. 5545a); E.O. 12748, 3 CFR, 1992 Comp.,...


legislative or judicial branch agency) must determine an employee's entitlement to premium pay consistent with subchapter V of chapter 55 of title 5, United...


consecutive days (as defined in this section) designated in advance by the head of the agency under section 6101 of title 5, United States Code. Agency means-- (1)...


an employee may receive premium pay under this subpart only to the extent that the payment does not cause the total of his or her basic pay and premium pay for any...


agency (or designee), or the Office of Personnel Management on its own motion, determines that an emergency exists, the agency must pay an affected employee premium pay under...


(a) The following types of premium pay remain subject to a biweekly limitation when other premium payments are subject to an annual limitation under Sec. 550.106: (1)...


of this section, overtime work means work in excess of 8 hours in a day or in excess of 40 hours in an administrative workweek that is-- (1) Officially ordered or...


is subject to the following conditions: (a) Time spent in principal activities. Principal activities are the activities that an employee is employed to perform. They...


the minimum rate for GS-10 (including any applicable special rate of pay for law enforcement officers or special pay adjustment for law enforcement officers under section...


grant compensatory time off from an employee's tour of duty instead of payment under Sec. 550.113 for an equal amount of irregular or occasional overtime work. ...


nightwork is regularly scheduled work performed by an employee between the hours of 6 p.m. and 6 a.m. Subject to Sec. 550.122, and except as otherwise provided in...


employee is entitled to a night pay differential for a period when he is excused from nightwork on a holiday or other nonworkday and for night [[Page 505]] hours...


employee who performs holiday work is entitled to pay at his or her rate of basic pay plus premium pay at a rate equal to his or her rate of basic pay for that holiday work...


overtime pay or night pay differential, or premium pay for Sunday work payable under this subpart and is not included in the rate of basic pay used to compute the...


instead of the premium pay prescribed in this subpart for regularly scheduled overtime, night, holiday, and Sunday work, to an employee in a position requiring him or...


506]] pay, over a period appropriate to reflect the full cycle of the employee's duties and the full range of conditions in his position,...


(a) The requirement for the type of position referred to in Sec. 550.141 that an employee regularly remain at, or within the confines of, his station must meet all the...


on an annual basis referred to in Sec. 550.141 to an employee who meets the requirements of that section, at one of the following percentages of that part of the employee's...


instead of other premium pay prescribed in this subpart (except premium pay for regular overtime work, and work at night, on Sundays, and on holidays), to an employee in...


(a) The requirement in Sec. 550.151 that a position be one in which the hours of duty cannot be controlled administratively is inherent in the nature of such a position. A...


an annual basis referred to in Sec. 550.151 to an employee who meets the requirements of that section, at one of the following percentages of the employee's rate of basic pay...


delegated authority to act for the head of an agency in the matter concerned, is responsible for: (a) Fixing tours of duty; ordering employees to remain at their...


pay on an annual basis under Sec. 550.141 or Sec. 550.151 begins on the date that he enters on duty in the position concerned for purposes of basic pay, and ceases on...


Sec. 550.141 may not receive premium pay for regular overtime work or work at night or on a holiday or on Sunday under any other section of this subpart. An agency shall...


of the act of September 1, 1954 (68 Stat. 1111), nothing in this subpart relating to the payment of premium pay on an annual basis may be construed to decrease the...


her rate of basic pay plus premium pay at a rate equal to 25 percent of his or her rate of basic pay for each hour of Sunday work (as defined in Sec. 550.103) and each hour...


premium pay for holiday work, overtime pay, or night pay differential payable under this subpart and is not included in the rate of basic pay used to compute the pay for...


and fulfilling the conditions and requirements of 5 U.S.C. 5545a and Secs. 550.181 through 550.186, must receive availability pay to compensate the criminal investigator...


duty hours are those hours during which a criminal investigator performs work, or (except for a special agent in the Diplomatic Security Service) is determined by...


only if the annual average number of hours of unscheduled duty per regular workday is 2 hours or more, as certified in accordance with Sec. 550.184. This average...


and the appropriate supervisory officer (as designated by the head of the agency or authorized designee) shall make an initial certification to the head of the...


which a criminal investigator receives basic pay. Availability pay is an amount equal to the lesser of--(1) 25 percent of a criminal investigator's rate of basic pay,...


overtime pay under Sec. 550.151 may not be paid to a criminal investigator receiving availability pay. Receipt of availability pay does not affect...


later than the first day of the first pay period beginning on or after October 30, 1994, each criminal investigator qualified to receive availability pay and the...


Employees Pay Comparability Act of 1990 (Public Law 101- 509), 104 Stat. 1462 and 1466, respectively; E.O. 12748, 3 CFR, 1992 Comp., p. 316. Source: 56 FR 12837,...


Employee means an individual employed in or under an agency who is appointed to a position with a scheduled tour of duty. Head of agency means the head of an...


in one or more installments covering not more than 2 pay periods, to an employee who is newly appointed to a position in the agency. (b) The maximum amount of pay...


These procedures shall include-- (1) Criteria to be considered before approval or denial of employee requests for advance payments; (2) Criteria to...


Sec. 550.206 of this part, an agency shall recover an advance in pay by installments under agency procedures for payroll deductions or by salary offset procedures...


of an advance payment under 5 U.S.C. 5524a and this subpart if he or she determines that recovery would be against equity and good conscience or against the public...


p. 502. Source: 46 FR 2325, Jan. 9, 1981, unless otherwise noted. Definitions In this subpart: Agency...


(1) An allotment for dues to a labor organization under section 7115 of Title 5, United States Code; (2) An allotment for dues to an association of management...


and the amount of the allotment. (b) The total amount of allotments may not exceed the pay due the allotter for a particular period. (c) The allotter...


(a) Except as provided in paragraph (b) of this section, an agency must deduct allotments from any net pay remaining after applying all deductions authorized by law,...


to make an allotment for dues to a labor organization as defined in subchapter 1 of chapter 71 of title 5, United States Code. Such an allotment shall be effected...


continue an allotment of dues to a labor organization as defined by section 2(e) of Executive Order 11491, as amended, which was permissible when the supervisor was excluded...


to an association of management officials and/or supervisors when the employee is a supervisor or management official, and the employee is a member of an association of...


to a Combined Federal Campaign in accordance with Sec. 950.901 of this chapter. [64 FR 69176, Dec. 10, 1999] Income...


no legal obligation to withhold, State, District of Columbia, or local income or employment taxes, an agency shall permit an employee to make an allotment for payment of...


to make up to two allotments of pay to a financial organization of his/her choice, for credit to his/her savings account as authorized under Department of...


and/or child support when he or she voluntarily elects to do so. However, this provision does not apply to garnishment orders issued to enforce child support and/or...


a foreign affairs agency organization, the agency must also provide, in accordance with section 15 of Executive Order 11636: (a) that the employee be allowed to revoke...


10982, 3 CFR 1959-1963, p. 502. Source: 59 FR 66332, Dec. 28, 1994, unless otherwise noted. (a) Purpose. This subpart provides regulations to...


United States Code. Day means a calendar day, except when otherwise specified by the head of an agency. Dependent means a relative of the employee residing with...


of pay, allowances, and differentials may be made to an employee who has received an order to evacuate, provided that, in the opinion of the agency head or designated...


be based on the rate of pay (including allowances, differentials, or other authorized payments) to which the employee was entitled immediately before the issuance of the...


may be payable as special allowances, the following shall be considered: (a) An agency must determine the travel expenses and per diem for an evacuated employee and...


havens may be assigned to perform any work considered necessary or required to be performed during the period of the evacuation without regard to the grades or titles of...


when the agency determines that-- (a) The employee is assigned to another duty station outside the evacuation area; (b) The employee abandons or is...


the employee's account shall review each employee's account for the purpose of making adjustments at the earliest possible date after the evacuation is terminated (or...


and section 5533 of title 5, United States Code, apply in determining an employee's entitlement to receive pay from more than one position. (2) This subpart and...


Pay means pay paid for services in a position but excludes fees paid on other than a time basis. Position has the meaning given that term by section 5531 of title...


apply to pay from a position for services performed under emergency conditions relating to health, safety, protection of life or property, or...


of Columbia encounters difficulty in obtaining employees to perform required personal services because of section 5533(a) of title 5, United States Code, it may make...


of Columbia to submit a periodic report on its use of the exceptions from section 5533(a) of title 5, United States Code. [33 FR 12458, Sept. 4, 1968. Redesignated at...


Source: 55 FR 6593, Feb. 26, 1990, unless otherwise noted. This subpart contains regulations of the Office of Personnel Management to implement the...


to each full-time or part-time employee; that is, an employee with a regularly scheduled tour of duty who is serving under a qualifying appointment, as defined in...


except the government of the District of Columbia. Commuting area means the geographic area surrounding a work site that encompasses the localities where people...


(1) Be serving under a qualifying appointment; (2) Have completed at least 12 months of continuous service, as described in Sec. 550.705; and (3) Be removed...


requirement for 12 months of continuous employment is met if, on the date of separation, an employee has held one or more civilian Federal positions over a period of 12 months without...


because he or she expects to be involuntarily separated is considered to have been involuntarily separated if the employee resigns after receiving-- (1) Specific...


paragraph (b) of this section, the basic severance pay allowance consists of the following: (1) One week of pay at the rate of basic pay for the position held by...


pay under Sec. 550.707: (a) Civilian service as an employee (as defined in 5 U.S.C. 2105), excluding time during a period of nonpay status that is not...


the recipient's separation from Federal employment. If severance pay begins in the middle of a pay period, 1 day of severance pay accrues for each workday or...


the Government of the United States or the government of the District of Columbia under a nonqualifying time-limited appointment, severance pay must be suspended during the life...


(a) The individual entitled to severance pay is employed by the Government of the United States or the government of the District of Columbia, unless employed under a...


shall record on the appointment document the number of weeks of severance pay received (including partial weeks). (b) If an employee again becomes entitled to...


receive severance pay and the total amount of severance pay paid. The Office of Personnel Management [[Page 531]] may require agencies to report such...


employee separated from employment with the Panama Canal Commission as a result of the implementation of any provision of the Panama Canal Treaty of 1977 and...


(a) This subpart contains regulations of the Office of Personnel Management to carry out section 5596 of title 5, United States Code, which authorizes the payment of back...


employees, as defined in Sec. 550.803 of this subpart. (b) This subpart does not apply to-- (1) Employees of the government of the District of Columbia; and ...


of title 5, United States Code. Appropriate authority means an entity having authority in the case at hand to correct or direct the correction of...


an employee was affected by an unjustified or unwarranted personnel action, the employee shall be entitled to back pay under section 5596 of title 5, United States Code,...


an unjustified or unwarranted personnel action that resulted in the withdrawal, reduction, or denial of all or part of the pay, allowances, and differentials otherwise...


more pay dates) on which the employee would have received the pay, allowances, and differentials if the unjustified or unwarranted personnel action had not occurred. ...


request payment of reasonable attorney fees related to an unjustified or unwarranted personnel action that resulted in the withdrawal, reduction, or denial of all...


United States Code, or this subpart shall be construed as authorizing the setting aside of an otherwise proper promotion by a selecting official from a group of properly...


prescribes the regulations required by sections 5545(d) and 5548(b) of title 5, United States Code, for the payment of differentials for duty involving unusual physical...


in 5 U.S.C. 5102(a)(1). Duty involving physical hardship means duty that may not in itself be hazardous, but causes extreme physical discomfort or distress and is...


differentials, the hazardous duties or duties involving physical hardship for which they are payable, and the period during which they are payable is set out as appendix A to...


hazard pay differential listed in appendix A of this subpart to an employee who is assigned to and performs any duty specified in appendix A of this subpart. However, hazard...


for which a hazard pay differential is authorized, the agency must pay the hazard pay differential for the hours in a pay status on the day (a calendar day or a...


of hazard pay differential to an employee when-- (a) One or more of the conditions requisite for such payment ceases to exist; (b) Safety precautions have...


of hazard pay differential to an employee when-- (a) One or more of the conditions requisite for such payment ceases to exist; (b) Safety precautions have...
...


(a) The Fair Labor Standards Act of 1938, as amended (referred to as ``the Act'' or ``FLSA''), provides for minimum standards for both wages and...


Section 3(e)(2) of the Act authorizes the application of the provisions of the Act to any person employed by the Government of the United States, as specified in...


excluded by another statute is covered by the Act. This includes any person who is-- (1) Defined as an employee in section 2105 of title 5, United...


Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.). Administrative employee means an employee who meets the criteria in Sec. 551.206. Agency,...


otherwise noted. The employing agency may designate an employee FLSA exempt only when the agency correctly determines that the employee meets one or more of...


the agency must observe the following principles: (a) Each employee is presumed to be FLSA nonexempt unless the employing agency correctly determines...


employee in a position properly classified at GS-4 or below (or the equivalent level in other comparable white-collar pay systems) is nonexempt, unless the employee is subject...


nonsupervisory employee in the Federal Wage System or in other comparable wage systems is nonexempt, unless the employee is subject to Sec. 551.208 (the effect of...


a supervisor or manager who manages a Federal agency or any subdivision thereof (including the lowest recognized organizational unit with a continuing function) and...


an advisor or assistant to management, a representative of management, or a specialist in a management or general business function or supporting service and meets all four...


an employee who meets all of the following criteria, or any teacher who is engaged in the imparting of knowledge or in the administration of an academic program in a...


(a) Applicability--(1)When applicable. This section applies only when an employee must temporarily perform work or duties that are not consistent with the primary...


exemption applies, the minimum wage, overtime, and child labor provisions of the Act do not apply to any employee who spends all hours of work in a given workweek in an...


employees are exempt from the hours of work and overtime pay provisions of the Act: (a) A criminal investigator receiving availability pay under Sec. 550.181 of...


pay under subsection (a) or premium pay under subsection (b) of section 267 of title 19, United States Code, for time worked may not receive pay or other compensation...


(a)(1) Except as provided in paragraph (a)(2) of this section and Sec. 551.311, an agency shall pay each of its employees wages at rates not less than the minimum...


by the Office of Personnel Management, employ certain groups of less than fully productive employees (e.g., handicapped patient workers) at rates less than the...


noted. General Provisions (a) All time spent by an employee performing an activity for the benefit of an agency and under...


controls to assure that only that work for which it intends to make payment is performed. (b) An agency shall keep complete and accurate records of all...


between the commencement of the principal activities that an employee is engaged to perform on a given day, and the cessation of the principal activities for that day....


that a preparatory or concluding activity is closely related to an employee's principal activities, and is indispensable to the performance of the...


a Federal employee have a regularly scheduled administrative workweek. However, under title 5 United States Code, and part 610 of this chapter, the head of an agency...


of work if: (1) An employee is required to travel during regular working hours; (2) An employee is required to drive a vehicle or perform other work...


(a) Time spent in training, whether or not it is under the purview of part 410 of this chapter, shall be administered as follows: (1) Time spent in training during...


(a) Time spent by an employee adjusting his or her grievance (or any appealable action) with an agency during the time the employee is required to be on the agency's...


and receiving medical attention for illness or injury shall be considered hours of work if: (1) The medical attention is required on a workday an employee reported for...


or charitable purposes at an agency's request, or under an agency's direction or control, shall be considered hours of work. However, time spent voluntarily in such...


employee is on duty, and time spent on standby duty is hours of work if, for work-related reasons, the employee is restricted by official order to a designated post of duty and...


bona fide sleep time that fulfills the following conditions shall not be considered hours of work if: (1) The work shift is 24 hours or more; (2) During such...


noted. Basic Provisions (a) An agency shall compensate an employee who is not exempt under subpart B of this part for...


rate'' is computed by dividing the total remuneration paid to an employee in the workweek by the total number of hours of work in the workweek for which such compensation...


under this subpart includes: (1) The straight time rate of pay times all overtime hours worked; plus (2) One-half times the employee's hourly regular rate of...


shall be paid in addition to all pay, other than overtime pay, to which the employee is entitled under title 5, United States Code, or any other authority. An...


nondiscretionary cash award or bonus (as opposed to discretionary cash awards or bonuses as described in Sec. 551.511(b)(3)), the bonus must be taken into account in...


every minute of regular overtime work. (b) A quarter of an hour shall be the largest fraction of an hour used for crediting irregular or occasional overtime work...


is not exempt under subpart B of this part, the head of an agency (or designee) may grant compensatory time off from an employee's tour of duty instead of payment under...


(a) An employee engaged in fire protection activities or law enforcement activities shall be paid at a rate equal to one and one-half times the employee's...


noted. (a) 16-year minimum age. The Act, in section 3(l), sets a general 16-year minimum age, which applies to all employment subject to its child...


regulations and orders published in part 570 of title 29, Code of Federal Regulations, by the Secretary of Labor regarding the employment of individuals under the age of...


noted. (a) Applicable. This subpart applies to FLSA exemption status determination claims, FLSA pay claims for minimum wage or overtime pay for...


complaint under the child labor provisions of the Act or an FLSA claim challenging the correctness of his or her FLSA exemption status determination. A claimant may also file...


as exclusive administrative remedy. If at any time during the claim period, a claimant was a member of a bargaining unit covered by a collective bargaining agreement that...


representative to assist in preparing or presenting a claim. The claimant must designate the representative in writing. A representative may not participate in OPM interviews...


file an FLSA claim with either the agency employing the claimant during the claim period or with OPM, but a claimant cannot pursue the same claim with both at the same...


OPM. For all FLSA claims, the claimant or claimant's designated representative must provide any additional information requested by OPM within 15 workdays after the date...


claimant or the claimant's representative may withdraw a claim at any time prior to the issuance of an OPM FLSA claim decision by providing written notice to the OPM office...


an FLSA claim decision to the claimant or the claimant's representative and the agency. An FLSA claim decision made by OPM is final. There is no further right of...


has requested confidentiality, the agency and the claimant must provide to each [[Page 587]] other a copy of all information submitted with respect to the claim. ...


filed with the OPM office serving the area where the cause or basis of the claim occurred. Following are OPM addresses and service areas. OPM...


to employment of civilian annuitants who would be subject to termination of annuity or annuity offset under 5 U.S.C. 8344 or 5 U.S.C. 8468. Agencies may request exceptions...


in this part, means an executive agency as defined in 5 U.S.C. 105. (b) Annuitant, as used in this part, refers to a current or former civilian employee who is receiving,...


and responsibility. The decision to request an exception, or to grant an exception under delegated authority, for any individual under any of the provisions of this part will...


Retention Needs Sec. 553.201 Requesting OPM approval for reemployment without reduction in individual cases. (a) Request by agency head. The head of an agency...


Retention Needs Sec. 553.202 Request for delegation of authority to approve reemployment without reduction in emergencies. (a) Request by agency head. The head of...


Retention Needs Sec. 553.203 Status of individuals serving without reduction. (a) Reemployed civilian annuitants. Annuitants reemployed with full salary and...


expenses to the first post of duty. Payment of travel and transportation expenses will be in accordance with the Federal Travel Regulation (FTR) (41 CFR chapters 301-304). ...


of the employing agency. A decision by one agency that payment is appropriate for a particular position does not require a like determination by any other agency filling...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR572.103] [Page 591] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 572--TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES AND INTERVIEWS--Table of Contents Sec. 572.103 Recordkeeping. Each agency will maintain records of payments made under this authority and will make those records available to OPM on request. ...


regulations to implement 5 U.S.C. 5753, which authorizes payment of a recruitment bonus of up to 25 percent of the annual rate of basic pay to a newly appointed...


as provided in paragraph (b) of this section, the head of an agency (or, with respect to positions not under the General Schedule, the head of an Executive agency) may pay...


has the meaning given that term in 5 U.S.C. 5102. Commuting area has the meaning given that term in Sec. 575.203. Employee means-- (a) An employee in...


review and approval; and criteria for payment. (a) Agency recruitment bonus plans. (1) Before paying a recruitment bonus under this subpart, the head of an agency...


A recruitment bonus shall be calculated as a percentage of the employee's annual rate of basic pay (not to exceed 25 percent) and paid as a lump sum. It shall not be considered part...


recruitment bonus may be paid, an agency shall require that the employee sign a written service agreement to complete a specified period of employment with the appointing agency...


(a) Except as provided in paragraph (d) of this section, an employee who fails to complete the period of employment established under a service agreement shall be indebted to...


monitor the use of recruitment bonuses to ensure that its recruitment bonus plan conforms to the requirements established under this subpart and that the payment of...


shall keep a record of each determination required by Sec. 575.104(c) of this part and make such records available for review upon request by OPM. Each agency shall...


regulations to implement 5 U.S.C. 5753, which authorizes payment of a relocation bonus of up to 25 percent of the annual rate of basic pay to an employee who must relocate...


as provided in paragraph (b) of this section, the head of an agency (or, with respect to positions not under the General Schedule, the head of an Executive agency) may pay...


has the meaning given that term in 5 U.S.C. 5102. [[Page 596]] Commuting area means the geographic area surrounding a work site that encompasses...


review and approval; criteria for payment; and exceptions to case-by-case approval. (a) Agency relocation bonus plans. (1) Before paying a relocation bonus under...


(a) A relocation bonus shall be calculated as a percentage of the employee's annual rate of basic pay and paid as a lump sum. Except as provided in paragraph (b) of this section,...


bonus may be paid, an agency shall require that the employee sign a written service agreement to complete a specified period of employment with the appointing agency (or...


(a) Except as provided in paragraph (d) of this section, an employee who fails to complete the period of employment established under a service agreement shall be indebted to...


monitor the use of relocation bonuses to ensure that its relocation bonus plan conforms to the requirements established under this subpart and that the payment of...


shall keep a record of each determination required by Sec. 575.204(c) of this part and make such records available for review upon request by OPM. Each agency shall...


regulations to implement 5 U.S.C. 5754, which authorizes payment of a retention allowance of up to 25 percent of basic pay to a current employee if the unusually high or...


as provided in paragraph (b) of this section, the head of an agency (or, with respect to positions not under the General Schedule, the head of an Executive agency) may pay...


has the meaning given that term in 5 U.S.C. 5102. Employee means an employee in or under an agency. Head of agency means the head of an agency or an official who...


(a) An agency may not begin payment of a retention allowance during a period of employment established under any service agreement required for payment of a recruitment bonus...


review and approval; and criteria for payment. (a) Agency retention allowance plans. (1) Before paying a retention allowance under this subpart, the head of an...


(a) A retention allowance shall be calculated as a percentage of the employee's rate of basic pay (not to exceed 25 percent) and paid in the same manner and at the same time as...


(a) The agency must reduce or terminate the authorized amount of a retention allowance to the extent necessary [[Page 602]] to ensure that...


shall monitor the use of retention allowances to ensure that its retention allowance plan conforms to the requirements established under this subpart and that the payment...


shall keep a record of each determination required by Sec. 575.305(c) of this part and make such records available for review upon request by OPM. Each agency shall...


3, 1991, unless otherwise noted. This subpart provides regulations to implement 5 U.S.C. 5755, which authorizes payment of a supervisory differential to an...


(a) The head of an agency may pay a supervisory differential to a supervisor who is-- (1) In a General Schedule position paid under 5 U.S.C. 5332; and (2) Responsible...


Agency has the meaning given that term in 5 U.S.C. 5102. Continuing pay means the aggregate of all continuing payments and annual premium pay received by an employee at...


to pay a supervisory differential shall be made in writing under procedures established by each agency. (b) The procedures established by each agency under paragraph...


(a) A supervisory differential shall be calculated as a percentage of the supervisor's rate of basic pay or as a dollar amount and shall be paid in the...


(a) An agency may establish procedures that allow for adjusting or terminating a supervisory differential at any time the agency determines it is...


keep a record of each determination required by Secs. 575.404(a) and 575.406(e) of this part. Each record shall contain sufficient information to allow...


Sept. 12, 2003, unless otherwise noted. This subpart contains OPM regulations implementing 5 U.S.C. 5757, which authorizes the payment of extended...


Agency means an ``Executive agency,'' as defined in 5 U.S.C. 105. Authorized agency official means the head of an agency or an official who is authorized to act for...


extended assignment incentive? An authorized agency official must review and approve the offer of an extended assignment incentive for an employee, including the amount...


authorizing the payment of an extended assignment incentive? Before paying an extended assignment incentive under this subpart, an agency must establish an...


who will receive an extended assignment incentive? (a) An agency must base the payment of an extended assignment incentive on a written determination that-- ...


an extended assignment incentive? (a) An extended assignment incentive may not be paid to the head of an agency, including an agency headed by a collegial body composed...


that may be paid for a period of service? (a) The total amount of extended assignment incentive payments that may be paid for a service period may not exceed...


may be covered by an extended assignment incentive? An employee's total service under one or more extended assignment incentive service agreements with a particular...


basic pay for any purpose? No, an extended assignment incentive is not considered part of an employee's rate of basic pay for any purpose, nor is it included for...


agreements? (a) Before paying an extended assignment incentive, the agency must require the employee to sign a written service agreement to complete a...


involuntarily separated or involuntarily reassigned prior to completion of the service period? An employee who is involuntarily separated or is involuntarily reassigned to...


(a) An agency may unilaterally terminate a service agreement based solely on the business needs of the agency. For example, an authorized agency official...


obligations when an employee fails to fulfill the terms of a service agreement? (a) This section does not apply when an employee is involuntarily separated...


Each agency must monitor the use of extended assignment incentives to ensure that the agency's extended assignment incentive plan and the payment of...


(a) Each agency must keep a record of each determination required by this subpart and make such records available for review upon OPM's request. (b)...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR576.101] [Page 610] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 576--VOLUNTARY SEPARATION INCENTIVE PAYMENTS--Table of Contents Subpart A--Voluntary Separation Incentive Payments. Sec. 576.101 Definitions. Section 3521(1) of title 5, United States Code, contains the definition of Agency, and section 3521(2) of title 5, United States Code, contains the definition of Employee, as used in this subpart. ...


(a) Section 3522 of title 5, United States Code, specifies the information that the head of an agency must submit to the Office of Personnel Management (OPM). OPM will consult with...


Section 3523 of title 5, United States Code, covers: (a) The basis for an agency to offer a voluntary separation incentive payment; (b) The computation of a...


for voluntary separation incentive payments, the agency is required to immediately notify OPM of any subsequent changes in the conditions that served as the basis for...


As provided in section 1313(a)(3) of Public Law 107-296, any agency exercising voluntary separation incentive authority in effect on January 24, 2003, may continue to offer...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR576.201] [Page 611] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 576--VOLUNTARY SEPARATION INCENTIVE PAYMENTS--Table of Contents Subpart B--Waiver of Repayment of Voluntary Separation Incentive Payments Sec. 576.201 Definitions. Section 3524(a) of title 5, United States Code, contains the definition of Employment as used in this subpart. ...


(a) Section 3524(b) of title 5, United States Code, contains the repayment requirement that applies if an executive branch employee who received a voluntary...


incentive repayment requirement. (a)(1) Section 3524(c)(1) of title 5, United States Code, covers the conditions under which the Director of OPM may, at...


law (including section 407 of title 42, United States Code, section 5301 of title 38, United States Code, and sections 8346 and 8470 of title 5, United States Code),...


of the Government of the United States means all ``governmental entities'' as [[Page 613]] defined in this section, including therein the territories...


the personal service of a civilian employee obligor: (1) Saved pay; (2) Retained pay; (3) Night differentials; (4) Sunday and holiday premium pay; ...


(a) Payments made pursuant to the provisions of the Federal Tort Claims Act, as amended, sections 1346(b) and 2671 et seq., of title 28 of the United States Code; (b) Payments...


due from, or payable by, the United States'' to any individual, there shall be excluded amounts which: (a) Are owed by the individual to the United States, except...


which may be due and payable to an individual at some future date, shall not be considered due the individual unless and until all of the conditions necessary for payment...


part lists agents designated to accept service of process. (b) The head of each governmental entity shall submit to the Office of the General Counsel, Office of...


serve legal process on the agent designated in appendix A to this part, or if no agent has been designated for the governmental entity having payment responsibility for...


(a) Sufficient identifying information must accompany the legal process in order to enable processing by the governmental entity named. Therefore, the following...


legal process, together with all supplementary documents and information as required by Secs. 581.202 and 581.203, the head of the governmental entity, or his/her designee,...


not later than fifteen (15) calendar days after the date of valid service of legal process, the agent designated to accept legal process shall send to the obligor, at his...


Whenever the designated agent is validly served with legal process pursuant to State procedures in effect pursuant to subjection (a)(1) or (b) of section 666 of title 42, United...


duties include responding to interrogatories pursuant to Sec. 581.303(b), shall be subject to any disciplinary action or civil or criminal liability or penalty for...


shall comply with legal process, except where the process cannot be complied with because: [[Page 620]] (1) It does not, on its face, conform to the laws of...


with legal process. (a) When legal process is served on a governmental entity, and the individual identified in the legal process as the obligor is found not to...


interest, and/or court costs. Before complying with legal process that requires withholding for the payment of attorney fees, interest, and/or court costs,...


``aggregate disposable earnings'', when used in reference to the amounts due from, or payable by, the United States or the District of Columbia which are garnishable under the...


as provided in paragraph (b) of this section, pursuant to section 1673(b)(2) (A) and (B) of title 15 of the United States Code (the Consumer Credit Protection Act, as...


as provided in paragraph (b) of this section, pursuant to section 1673(b)(2) (A) and (B) of title 15 of the United States Code (the Consumer Credit Protection Act, as...
...


Code provides that with certain exceptions set forth in this part, pay [[Page 670]] from an agency to an employee is subject to legal process in the same...


of the executive branch of the Federal Government, excluding the United States Postal Service, the Postal Rate Commission, and the General Accounting Office; agency does...


garnishment under this part, there shall be excluded amounts which: (a) Are owed by the employee-obligor to the United States; (b) Are required by law to be deducted from...


to this part, appendix A to 5 CFR part 581 lists agents designated to accept service of process under part 581 and this part. (b) United States Attorneys are not...


serve interrogatories and legal process on the agent to receive process as explained in Sec. 582.201. Where the legal process is directed to an agency, and the purpose of...


Sufficient identifying information must accompany the legal process in order to enable processing by the agency. Parties seeking garnishment actions, therefore, should provide as...


funds may forward a written request to the garnishing agency to have the funds remitted by electronic funds transfer, rather than by paper check. The request shall...


as specified in Secs. 582.202 and 582.203, the agency shall suspend, i.e., withhold, payment of such moneys for the amount necessary to permit compliance with the legal...


not later than 15 calendar days after the date of valid service of legal process, the agent designated to accept legal process shall send to the employee-obligor, at his or...


designated agent is validly served with legal process, the agent shall respond within 30 calendar days after receipt, or within such longer period as may be prescribed by...


include responding to interrogatories pursuant to Sec. 582.303(b), shall be subject to any disciplinary action or civil or criminal liability or penalty for any disclosure...


process, except where the process cannot be complied with because: (1) It is not regular on its face. (2) The legal process would require the withholding of funds...


legal process. (a) When legal process is served on an agency and the individual identified in the legal process as the employee-obligor is found not to be entitled...


the Consumer Credit Protection Act, the aggregate disposable earnings under this part are the employee-obligor's pay less those amounts excluded in accordance with...


of title 15 of the United States Code (the Consumer Credit Protection Act, as amended) and the Department of Labor regulations to title 29, Code of Federal...


of all agencies shall, to the extent necessary, issue implementing rules, regulations, or directives that are consistent with this part or as are otherwise...


Source: 59 FR 43705, Aug. 25, 1994, unless otherwise noted. This subpart prescribes the regulations authorized by section 5903 of title 5, United States Code, for...


Employee means an employee in or under an agency. Category of employees means any group of employees designated by an agency that has the same basic uniform requirements. ...


allowance rate is payable under Sec. 591.104 to an employee who is required by statute, regulation, or an agency's written administrative procedures to wear a uniform,...


or more initial maximum uniform allowance rates greater than the Governmentwide maximum uniform allowance rate established under Sec. 591.103. (b) A higher initial...


U.S.C. 5941; E.O. 10000, 3 CFR, 1943-1948 Comp., p. 792; and E.O. 12510, 3 CFR, 1985 Comp., p. 338. Source: 67 FR 22340, May 3, 2002, unless...


The Government pays COLAs as additional compensation to certain civilian Federal employees in specified nonforeign areas in consideration of higher living costs in...


differentials? The Government pays post differentials to certain civilian Federal employees in specified nonforeign areas as [[Page 681]] a...


(a) Agencies pay COLAs and post differentials authorized under this subpart to civilian Federal employees whose rates of basic pay are fixed by statute....


(a) The nonforeign areas are States, commonwealths, territories, and possessions of the United States outside the 48 contiguous United States and any additional areas...


(a) OPM designates, within nonforeign areas, areas where agencies pay employees a COLA by virtue of living costs that are substantially higher than those in the...


OPM has established the following COLA areas: (a) City of Anchorage, AK, and 80-kilometer (50-mile) radius by road, as measured from the Federal courthouse; (b) City...


OPM establishes COLA rates based on price differences between the COLA area and the Washington, DC, area, plus an adjustment factor. OPM expresses price differences...


(a) The price index is the COLA area price divided by the DC area price and multiplied by 100. (b) Example: COLA Area Average Price for Item A = $1.233 DC Area Average...


A weight is the relative importance or share of a subpart of a group compared with the total for the group. A weight is frequently expressed as a percentage. For example, in a...


expenditures? OPM uses three different types of categories: Major expenditure groups, primary expenditure groups, and detailed expenditure categories. (a)...


(a) OPM selects a sufficient number of items to represent PEGs and reduce overall price index variability. In selecting these items, OPM applies the following...


(a) OPM surveys the price charged to the consumer at the time of the survey. The price includes any sales, excise, or general business tax passed on to the consumer at the...


(a) OPM collects most prices by visiting or calling retail outlets in each survey area and observing or verbally obtaining the item prices. (b) OPM prices some items...


the COLA and DC areas? (a) Survey areas. Each COLA area has one survey area, except Hawaii County, HI, and the U.S. Virgin Islands COLA areas. Hawaii County has...


the DC area and for COLA areas with multiple survey areas? (a) Washington, DC, area. For each survey item except shelter, OPM averages separately the prices collected in...


OPM collects prices in popular outlets in each survey area. OPM selects these outlets based on their proximity to the housing data collection areas, accessibility...


Except for shelter and energy utilities, OPM averages by item the prices collected in each survey area. For the Washington, DC, area, OPM computes a simple average...


(a) In addition to rental and rental equivalence prices and/or estimates, OPM obtains for each unit surveyed information about the important characteristics of...


indexes? (a) OPM calculates energy utility cost indexes based on the relative cost of maintaining a standard size dwelling in each area at a given...


weights it uses to combine price indexes? OPM uses the following ten-step process to compute consumer expenditure weights: (a) Step 1. OPM obtains...


to combine price indexes? OPM uses a three-step process to combine price indexes. (a) Step 1. For each DEC represented by one or more items for which OPM...


(a) OPM conducts a survey in each COLA area once every 3 years on a rotational basis and surveys the Washington, DC, area concurrently with each COLA area survey....


surveys? (a) OPM adjusts price indexes between the triennial surveys in each COLA area that is not surveyed in that year. To do this, OPM uses the annual or...


OPM uses the following CPIs: (a) For the Washington, DC, area--the BLS Consumer Price Index, All Urban Consumers (CPI-U); [[Page 687]] (b) For all...


(a) OPM uses a three-step process to adjust price indexes by relative annual or biennial changes in the CPIs. For steps 1 and 2, OPM computes the annual change by dividing...


to the price indexes? OPM adds to the price index an adjustment factor that reflects differences in need, access to and availability of goods and services, and quality...


plus adjustment factor to a COLA rate? (a) OPM converts the price index plus the adjustment factor to a COLA rate as shown in the...


of COLA rate changes? OPM publishes COLA area survey summary reports, MEG and PEG indexes, and COLA rates in the Federal Register. OPM makes survey data and...


areas? (a) OPM establishes post differential areas in response to agency requests when-- [[Page 688]] (1) Conditions of environment within...


OPM has established the following post differential areas: (a) American Samoa as defined in Sec. 591.205, (b) Territory of Guam, (c) Commonwealth of...


differentials? (a) OPM establishes a post differential by rulemaking if Government agencies require it for recruitment purposes and if one or more of the...


An employee must meet all of the following conditions to be eligible to receive a post differential: (a) The employee must be a citizen or national of the...


locally receive a post differential? (a) Current residents of the area qualify for a post differential if they were originally recruited from outside the...


begin? (a) Agencies begin paying an employee a COLA or post differential on the effective date of the change in the employee's official duty station to a...


end? Subject to Sec. 591.237(a), agencies stop paying an employee a COLA or post differential on-- (a) Separation, (b) The effective date of...


leave or travel receive a COLA and/or post differential? (a) An employee on leave or travel may receive a COLA or post differential only if the agency anticipates...


(a) Agencies pay COLAs and post differentials as a percentage of an employee's hourly rate of basic pay, including a retained rate of pay under 5...


differentials for the purpose of overtime pay and other entitlements? (a) Agencies include COLAs in the employee's straight time rate of pay and include COLAs and...


in the administration of the COLA and post differential programs? (a) OPM may establish a COLA Advisory Committee in each COLA survey area. The committees...


the COLA Advisory Committees? (a) The COLA Advisory Committees may-- [[Page 690]] (1) Advise and assist OPM in planning living-cost surveys; (2)...


OPM may establish a COLA Advisory Committee in each area prior to each living-cost survey conducted in that area. OPM will appoint committee members...


Committee? A COLA Advisory Committee has up to 12 members composed of OPM representatives and other agency and employee representatives, unless OPM determines...


members? (a) In establishing a COLA Advisory Committee, OPM invites local agencies and employee organizations to nominate committee members. OPM also...


p. 591; 5 U.S.C. 1104, Pub. L. 95-454, 92 Stat. 1120 and Sec. 3(5) of Pub. L. 95-454; 92 Stat. 1120. Source: 44 FR 55134, Sept. 25, 1979, unless...


defined in section 101 of title 5, United States Code, and to independent establishments as defined in section 104 of title 5, United States Code, but does not apply to...


(a) Each agency is responsible for: (1) Establishing and subsequently adjusting, in accordance with the provisions of this subpart, an allowance for each remote duty post...


and (c) of this section, a duty post shall be determined to be a remote duty post for basic allowance eligibility purposes when: (1) Normal ground transportation...


day. An allowance rate shall be established for each post of duty determined to be remote under Sec. 591.304, and shall be terminated or adjusted as warranted. In determining...


shall be paid to each employee with a permanent duty station at or within a remote post of duty approved under Sec. 591.304, regardless of type of appointment or work...


a daily basis; however, where appropriate for administrative convenience, the rate may be averaged taking into consideration the number of noncommuting days over a period of...


under this subpart is in addition to any additional pay or allowances payable under other statutes. It shall not be considered part of the employee's rate of basic pay...


a remote duty post, the authorization shall specify the effective date that an agency shall begin paying the allowance to its employees, except that a date earlier than...


Regulations in this subpart do not require a reduction in the allowance rates authorized under previous statutes unless an adjustment is determined to be warranted...


3 CFR, 1992 Comp., p. 325 Source: 58 FR 51566, Oct. 4, 1993, unless otherwise noted. (a) Purpose. This subpart prescribes the regulations required...


Regulations (Government Civilians, Foreign Areas), means a family member who is 21 years of age or older. Family member means one or more of the following relatives...


paid to an employee shall be determined by the number of individuals, including a spouse and/or one or more other family members, that are maintained at a location...


from the employee's date of arrival at Johnston Island to the employee's date of departure from Johnston Island. No deductions are necessary for details away from...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR591.405] [Page 697] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 591--ALLOWANCES AND DIFFERENTIALS--Table of Contents Subpart D--Separate Maintenance Allowance for Duty at Johnston Island Sec. 591.405 Responsibilities of agencies. Agencies with employees stationed at Johnston Island may require reasonable verification of relationship and dependency. [61 FR 27244, May 31, 1996] ...


evaluate agencies' use of this authority and provide the Congress and others with information regarding the use of a nonforeign separate maintenance allowance, each agency...


enter into service agreements with their agencies. These allowances are paid only in the case of categories of physicians for which the agency is experiencing recruitment...


individuals employed as physicians under certain Federal pay systems listed in that subsection. For the purposes of this part, an individual is ``employed as a...


required to determine categories of physician positions for which there is a significant recruitment and retention problem, and physicians' comparability allowances may be paid only...


for each category of physician position established under Sec. 595.103 of this part only if the four following conditions are met with respect to...


established under Sec. 595.103 of this part must be the minimum amount necessary to deal with the recruitment and retention problem identified under Sec. 595.104 of this...


physician under the comparability allowance program may prescribe the terms under which the agreement may be terminated and the amount of allowance, if any, required to...


physicians' comparability allowance program has been submitted to and approved by the Office of Management and Budget in accordance with this section and...


the Office of Personnel Management to collect information on the administration of the program by the agencies, and on the effects the program has on the recruitment...


317. This subpart applies to each employee to whom subpart A of part 550 applies and to each employee whose pay is fixed and adjusted from time to time under...


periods designated in advance by the head of the agency under section 6101 of title 5, United States Code. Agency means an Executive agency and a military...


to whom this subpart applies, shall establish by a written agency policy statement: (1) A basic workweek of 40 hours which does not extend over more than 6 of any...


agency would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he or she shall provide that-- (1) Assignments to tours...


head of an agency may authorize a special tour of duty of not less than 40 hours to permit an employee to take one or more courses in a college, university, or other...


of an employee. When it is essential that this be required and the employee may not be paid overtime under Sec. 550.112(e) of this chapter the official concerned shall...


317. Agencies determine holidays under section 6103 of title 5, United States Code, and Executive Order 11582 of February 11, 1971. [65 FR 48135, Aug....


follows: (a) Except when employees are entitled to a different holiday under 5 U.S.C. 6103(b)(3), an employee's holiday is the day designated by 5 U.S.C....


10552, 3 CFR, 1954-1958 Comp., p. 201. The purpose of this subpart is to provide uniform and equitable standards under which regular employees paid at...


this subpart may be used only to the extent warranted by good administration for short periods of time not generally exceeding 3 consecutive work days in a single period of...


Administrative order means an order issued by an authorized official of an agency relieving regular employees from active duty without charge to leave or loss of pay. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR610.304] [Page 704] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 610--HOURS OF DUTY--Table of Contents Subpart C--Administrative Dismissals of Daily, Hourly, and Piecework Employees Sec. 610.304 Coverage. This subpart applies to regular employees of the Federal Government paid at daily, hourly, or piecework rates. This subpart does not apply to experts and consultants. ...


be issued under this subpart when: (a) Normal operations of an establishment are interrupted by events beyond the control of management or employees; (b) For...


is authorized to issue supplemental regulations not inconsistent with this subpart. [33 FR 12474, Sept. 4, 1968, as amended at 34 FR 2479, Feb....


otherwise noted. [[Page 705]] This subpart contains regulatory requirements prescribed by the Office of Personnel Management to implement...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR610.402] [Page 705] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 610--HOURS OF DUTY--Table of Contents Subpart D--Flexible and Compressed Work Schedules Sec. 610.402 Coverage. The regulations contained in this subpart apply only to flexible work schedules and compressed work schedules established under subchapter 11 of chapter 61 of title 5, United States Code. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR610.403] [Page 705] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 610--HOURS OF DUTY--Table of Contents Subpart D--Flexible and Compressed Work Schedules Sec. 610.403 Definitions. In this subpart, Agency, Credit Hours, and Employee have the meaning given these terms in section 6121 of title 5, United States Code. [58 FR 58262, Nov. 1, 1993] ...


a compressed work schedule under this subpart shall establish a time-accounting method that will provide affirmative evidence that each employee subject to the schedule...


or prevented from working on a day within the employee's scheduled tour of duty that is designated as a holiday by Federal statute or Executive order, the employee is...


prevented from working on a day designated as a holiday by Federal statute or Executive order, the employee is entitled to basic pay for the number of hours of the...


a compressed schedule who performs work on a holiday is entitled to basic pay, plus premium pay at a rate equal to basic pay, for the work that is not in excess of the...


under an alternative work schedule. Any credit hours accumulated in the SES prior to December 1, 1993, must be used within 6 months of that date. [58 FR...


is responsible for the proper administration of this part so far as it pertains to employees under his jurisdiction, and for maintaining an account of leave for each employee...


the term temporary employee engaged in construction work at an hourly rate means an employee hired on a temporary basis solely for the purpose of work on a...


earns leave during each full biweekly pay period while in a pay status or in a combination of a pay status and a nonpay status. (b) Part-time employees. Hours in...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR630.203] [Page 708] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 630--ABSENCE AND LEAVE--Table of Contents Subpart B--Definitions and General Provisions for Annual and Sick Leave Sec. 630.203 Pay periods other than biweekly. An employee paid on other than a biweekly pay period basis earns leave on a pro rata basis for a full pay period. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR630.204] [Page 708] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 630--ABSENCE AND LEAVE--Table of Contents Subpart B--Definitions and General Provisions for Annual and Sick Leave Sec. 630.204 Fractional pay periods. When an employee's service is interrupted by a non-leave-earning period, he earns leave on a pro rata basis for each fractional pay period that occurs within the continuity of his employment. ...


one hour, or establishes a different minimum charge through negotiations, the minimum charge for leave is one hour, and additional charges are in multiples thereof. If...


title 5, United States Code, is inclusive of the time necessarily occupied in traveling to and from his post of duty and (a) the United States, or (b) his place of...


a full-time employee's leave year equals the number of basepay hours in a pay period, the agency shall reduce his credits for leave by an amount equal to the amount of leave...


is separated, the agency shall: (1) Require him to refund the amount paid him for the period covering the leave for which he is indebted; or (2) Deduct...


uncommon tour of duty accrue and use leave on the basis of that uncommon tour of duty. The leave accrual rates for such employees shall be directly proportional (based on the...


title 5, United States Code, authorizes the President to exclude certain Presidential appointees in the executive [[Page 710]] branch or the government of...


benefits. (a) An employee may elect to use annual leave and remain on the agency's rolls in order to establish initial eligibility for immediate retirement under...


while serving under an appointment in the Senior Executive Service under 5 U.S.C. chapter 33, subchapter VIII, shall accumulate for use in succeeding years until it totals...


(otherwise eligible thereunder) becomes subject to section 6304(b) of title 5, United States Code, is the: (1) Date of his entry on duty when he is employed locally; ...


regular tour of duty on 1 or more days during each administrative workweek, and a part-time employee on a flexible work schedule for whom there has been established only...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR630.304] [Page 712] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 630--ABSENCE AND LEAVE--Table of Contents Subpart C--Annual Leave Sec. 630.304 Accumulation limitation for part-time employees. A part-time employee may accumulate not more than 240 or 360 hours' annual leave on the same basis that a full-time employee may accumulate not more than 30 or 45 days' annual leave. ...


U.S.C. 6304, the determination [[Page 713]] that an exigency is of major importance and that therefore annual leave may not be used by employees to avoid...


and (c) of this section or other regulation, annual leave restored under 5 U.S.C. 6304(d) must be scheduled and used not later than the end of the leave year ending 2...


5562 of title 5, United States Code, shall be used within a time limit to be prescribed by the Office of Personnel Management in each case taking into consideration...


and 630.311, before annual leave forfeited under 5 U.S.C. 6304 may be considered for restoration under that section, use of the annual leave must have been scheduled...


restored under 5 U.S.C. 6304(d)(1)(B) because of an extended exigency, as defined in paragraph (b) of this section, must be scheduled and used within a time period that equals...


(a) Year 2000 computer conversion efforts are deemed to be an exigency of the public business for the purpose of restoring annual leave forfeited under 5 U.S.C. 6304. This...


Certain Terrorist Attacks.'' (a) The ``National Emergency by Reason of Certain Terrorist Attacks'' (Presidential Proclamation of September 14, 2001) is deemed to be...


grant sick leave to an employee when the employee-- (1) Receives medical, dental, or optical examination or treatment; (2) Is incapacitated for the performance of...


limits as the agency may require. An employee shall request advance approval for sick leave for the purposes of receiving medical, dental, or optical examination or...


evidence. Regardless of the duration of the absence, an agency may consider an employee's certification as to the reason for his or her absence as administratively...


will be terminated on a specified date, an agency may advance sick leave to him up to the total sick leave which he would otherwise earn during the term of his appointment....


through (f), an agency may grant sick leave during a period of annual leave for any of the purposes described in Sec. 630.401(a). (b) An employee's entitlement to...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR630.406] [Page 718] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 630--ABSENCE AND LEAVE--Table of Contents Subpart D--Sick Leave Sec. 630.406 Part-time employees; earnings. A part-time employee earns 1 hour of sick leave for each 20 hours in a pay status. ...


an employee shall be charged against his sick leave account and may not thereafter be used, transferred, or recredited. (b) An employee on a compressed work schedule is...


the use of sick leave to care for a family member or to make arrangements for or attend the funeral of a family member under Sec. 630.401(a) (3) and (4) and shall report...


of an employee under the procedures set forth in paragraph (b) of this section, an individual who is employed by the Federal Government on September 30, 1994, or who...


of chapter 63 of title 5, United States Code, the agency from which he transfers shall certify his annual leave account to the employing agency for credit or charge. (b)...


63 of title 5, United States Code, the agency from which the employee transfers shall certify his or her sick leave account to the employing agency for credit or...


other leave system merged under subchapter I of chapter 63 of title 5, United States Code, is entitled to a recredit of that leave under that subchapter if he would have...


position to enter the military service, the employing agency shall certify his or her leave account for credit or charge. (b) If the employee returns to a...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR630.505] [Page 720] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 630--ABSENCE AND LEAVE--Table of Contents Subpart E--Recredit of Leave Sec. 630.505 Restoration after appeal. When an employee is restored to an agency as a result of an appeal, the agency shall reestablish his leave account as a credit or charge as it was at the time of separation. ...


of title 5, United States Code, in different agencies, only his leave in whole hour units may be transferred. (b) When an employee moves between positions under subchapter I...


5, United States Code, and earned by service abroad for use in the United States, in the Commonwealth of Puerto Rico, or in the territories or possessions of the...


for the accumulation of a maximum of 45 days of annual leave earns and may be granted home leave in accordance with section 6305(a) of that title and this...


the date of the employee's arrival at a post of duty outside the United States, or on the date of his entrance on duty when recruited abroad; (b) Ends on the date of...


rate: (1) An employee who accepts an appointment to, or occupies, a position for which the agency has prescribed the requirement that the incumbent accept...


rates fixed by Sec. 630.604(a) in the amounts set forth in the following table: Home Leave-Earning Table ...


entitled to home leave only when he has completed a basic service period of 24 months of continuous service abroad. This basic service period is terminated by (1) a break in...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR630.607] [Page 722] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 630--ABSENCE AND LEAVE--Table of Contents Subpart F--Home Leave Sec. 630.607 Transfer and recredit of home leave. An employee is entitled to have his home leave account transferred or recredited to his account when he moves between agencies or is reemployed without a break in service of more than 90 days. ...


section 6301 of title 5, United States Code, who is regularly assigned to duties aboard an oceangoing vessel. An employee is considered to be regularly assigned when...


Oceangoing vessel means a vessel in use on the high seas or the Great Lakes; but does not include a vessel which operates primarily on rivers, other lakes, bays, sounds...


each [[Page 723]] 15 calendar days of absence on one or more extended voyages. (b) (1) For an employee who is an officer or crewmember, a voyage...


to the right of the head of the agency to fix the time at which shore leave may be used. (2) Shore leave may be granted during a voyage only when requested by...


and section 6326 of title 5, United States Code, apply to the granting of funeral leave to an employee in connection with the funeral of, or memorial service for, his...


States Code, who is employed by an executive agency as defined in section 105 of title 5, United States Code; and (b) An individual who is employed by the government of...


Combat zone means those areas determined by the President in accordance with section 112 of the Internal Revenue Code. Employee means an employee or individual covered by...


requested by him, not to exceed 3 workdays, without loss of or reduction in pay, leave to which he is otherwise entitled, or credit for time or service, and without...


(a) Purpose. The purpose of this subpart is to set forth procedures and requirements for a voluntary leave transfer program under which the unused accrued annual leave...


(b) A military department, as defined in 5 U.S.C. 102; or [[Page 725]] (c) Any other entity of the Federal Government that employs officers or employees...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR630.903] [Page 725] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 630--ABSENCE AND LEAVE--Table of Contents Subpart I--Voluntary Leave Transfer Program Sec. 630.903 Administrative procedures. Each Federal agency shall establish and administer procedures to permit the voluntary transfer of annual leave consistent with this subpart. ...


his or her employing agency to become a leave recipient. If an employee is not capable of making application on his or her own behalf, a personal representative of the...


agency shall review an application to become a leave recipient under procedures established by the employing agency for the purpose of determining that the potential...


or her own employing agency that a specified number of hours of his or her accrued annual leave be transferred from his or her annual leave account to the annual leave account...


an employee is in a shared leave status, annual and sick leave shall accrue to the credit of the employee at the same rate as if the employee where then in a paid leave...


no more than a total of one-half of the amount of annual leave he or she would be entitled to accrue during the leave year in which the donation is made. (b) In the case of...


his or her annual leave account under Sec. 630.906 only for the purpose of a medical emergency for which the leave recipient was approved. (b) Except as provided in...


terminate-- (1) When the leave recipient's Federal service is terminated; (2) At the end of the biweekly pay period in which the leave recipient's employing...


employing agency, any transferred annual leave remaining to the credit of a leave recipient when the medical emergency terminates shall be restored, as provided...


coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with any right such employee may have with respect to...


the voluntary leave transfer program and may be required by the Office of Personnel Management to report any information necessary to evaluate the effectiveness of...


(a) Purpose. The purpose of this subpart is to establish procedures and requirements for a voluntary leave bank program under which the unused accrued annual leave of...


``military department,'' as defined in 5 U.S.C. 102. ``Agency'' does not include the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency,...


leave bank program shall, in accordance with this subpart-- (1) Develop written policies and procedures for establishing and administering leave banks and leave...


voluntary written application to the leave bank board to become a leave contributor. The application shall specify the number of hours of annual leave to be contributed and...


contribute no more than a total of one-half of the amount of annual leave he or she would be entitled to accrue during the leave year in which the contribution is made. ...


to the leave bank board to become a leave recipient. If a leave bank member is not capable of making application on his or her own behalf, a personal representative...


employee's application to become a leave recipient under procedures established by the agency for the purpose of determining whether the employee is a leave bank member who...


an employee is in a shared leave status, annual and sick leave shall accrue to the credit of the employee at the same rate as if the employee were then in a paid leave...


withdrawn from a leave bank only for the purpose of medical emergency for which the leave recipient was approved. (b) Except as provided in Sec. 630.1008, during each...


terminate-- (1) When the leave recipient's Federal service terminates; (2) When the leave recipient leaves the agency or participating organizational subunit, if...


coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with any right such employee may have with respect to...


the voluntary leave bank program and may be required by the Office of Personnel Management to report any information necessary to evaluate the effectiveness of the...


subunit establishes a voluntary leave bank program under this subpart-- (1) A covered employee may also participate in a voluntary leave transfer program...


organizational subunit operating a leave bank to an agency or organizational subunit operating a different leave bank, the following procedures shall apply: (a) On the date...


an agency or organizational subunit covered by a voluntary leave bank program under this subpart and an agency or organizational subunit covered by a voluntary leave...


bank program only after it gives at least 30 calendar days advance written notice to current leave bank members. (b) If an agency terminates a voluntary leave...


noted. (a) Purpose. This subpart provides regulations to implement section 6391 of title 5, United States Code, and must be read together with section...


5 U.S.C. 105. Disaster or emergency means a major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number...


will establish an emergency leave transfer program that permits an employee to donate his or her accrued annual leave to employees of the same or other Executive...


by a disaster or emergency may make written application to his or her employing agency to become an emergency leave recipient. If an employee is not capable of...


recipient's employing agency will review the application to become a leave recipient under procedures established by the employing agency for the purpose of determining...


a written request to his or her employing agency that a specified number of hours of his or her accrued annual leave, consistent with the limitations in paragraph (b) of...


of donated annual leave to meet the needs of approved emergency leave recipients within the agency, the agency may contact OPM for assistance. The agency must...


recipient terminates-- (1) When the employing agency or OPM determines that the disaster or emergency has terminated; (2) When the emergency leave...


or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with any right such employee may have with respect...


(a) Purpose. This subpart provides regulations to implement sections 6381 through 6387 of title 5, United States Code. This subpart must be read...


Sec. 630.201 of this part. Accumulated leave has the meaning given that term in Sec. 630.201 of this part. Administrative workweek has the meaning given that term...


of unpaid leave during any 12-month period for one or more of the following reasons: (1) The birth of a son or daughter of the employee and the care of such son...


of this part shall not be taken intermittently or on a reduced leave schedule unless the employee and the agency agree to do so. (b) Leave under Sec. 630.1203(a) (3) or (4)...


under Sec. 630.1203(a) of this part shall be leave without pay. (b) An employee may elect to substitute the following paid leave for any or all of the period of...


on an expected birth, placement for adoption or foster care, or planned medical treatment, the employee shall provide notice to the agency of his or her intention to...


(3) or (4) be supported by written medical certification issued by the health care provider of the employee or the health care provider of the spouse, son, daughter,...


this part shall be entitled, upon return to the agency, to be returned to-- (1) The same position held by the employee when the leave commenced; or (2)...


Benefits Program (established under chapter 89 of title 5, United States Code) who is placed in a leave without pay status as a result of entitlement to leave under...


any agency employment benefit program or plan that provides greater family or medical leave entitlements to employees than those provided under this subpart. Nothing in...


employees and provide the Congress and others with information about the use of this entitlement, each agency shall maintain records on employees who take leave under...


64 FR 72253, Dec. 27, 1999. (a) Purpose. The purpose of this subpart is to establish procedures and requirements for a reservist leave bank program...


5 U.S.C. 105. Contribution period means a period of at least 6 weeks beginning on a date to be established by OPM. The Director of OPM may extend the contribution period,...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR630.1303] [Page 752] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 630--ABSENCE AND LEAVE--Table of Contents Subpart M--Reservist Leave Bank Program Sec. 630.1303 Identifying eligible returnees. (a) Each agency shall identify and list all eligible returnees within the agency. (b) Each agency shall report the number of eligible returnees identified to OPM. Negative reports are required. ...


to the reservist leave bank by leave contributors during the contribution period (open season). (b) Each agency shall determine the procedures under which...


for the use of a specific eligible returnee. (b) A leave contributor may contribute only accrued unused annual leave to the reservist leave bank. (c) A...


coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with any rights such employee may have with respect to...


leave equally among eligible returnees without regard to any factor (e.g., full- or part- time status, duty station during the Persian Gulf War, or time spent on...


of an eligible returnee may be used in the same manner and for the purposes as if the leave had accrued under 5 U.S.C. 6303. (b) An eligible returnee who has returned...


the administration of the reservist leave bank program. (b) Each agency shall maintain the following information: (1) The grade or pay level of each...




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