(A) to payments in case of employees receiving basic rates of compensation and added par. (G) which made reference to section 102 of title 2, Canal Zone Code. 1973Subsec. The regulations contain four types or categories of case-by-case waivers: Agencies MUST submit the following documentation, for requests based on emergency hiring needs, which describes: Public notice is required whenever the position the agency is seeking to fill via waiver requires it (i.e., positions in the competitive service or Senior Executive Service). 5 U.S.C. In essence, the criteria in part 553 are simply a threshold that must be met before OPM may act; they do not establish a requirement to act, however. Agency policies may require employees to receive prior approval for outside employment even when co-workers have similar outside jobs. Dual Certification | Delegated Examining Operations Handbook (See Chapter 6, Section A) (OPM) Compensation. A .gov website belongs to an official government organization in the United States. Each template lists the criteria OPM must consider when reviewing requests, and using the templates may eliminate the need for OPM to seek follow-up information. Pay paid by the Tennessee Valley Authority to an employee performing part-time or intermittent work in addition to his or her normal duties. The {name of requesting agency} is requesting this waiver under the criteria in 5 CFR 553.201 (c) - "Requests based on an emergency hiring need." Part-time or intermittent employment as a counselor in connection with summer youth opportunity programs in the Washington, D.C. metropolitan area. If the basis for the original request was severe difficulty in recruiting, the agency should demonstrate that new efforts to recruit have been made, and that the agency was again unable to recruit and appoint a qualified candidate. Reemployment of Retirees: Six Agencies' Use of Dual Compensation Waiver 1967Subsec. (c)(1). A request to fill a position with a waiver of the penalty must meet requirements outlined at the end of this Section and may only be forwarded to OPM by the Director for Human Resources Management. Federal Executive Agencies: Selected Pay Flexibilities for COVID-19 1989The figure $10,540 in subsec. (See 35 Comp. Dual compensation waivers may be approved when it is determined an appointment meets at least one of the following requirements: a. Fulfills functions critical to the mission of the Coast Guard; . Pub. Where are the regulations pertaining to salary offset (dual compensation) waivers located? Diversity, Equity, Inclusion, and Accessibility, Classifying Federal Wage System Positions, Frequently Asked Questions for Hybrid Work Environment, Federal Workforce Priorities Report (FWPR), Federal Labor-Management Information System, Recruitment, Relocation & Retention Incentives, Reemployment of Civilian Retirees to Meet Exceptional Employment Needs, Staffing, Recruiting, Examining, and Assessment Policy. 1975Subsec. Do annuitants earn additional retirement benefits when reemployed with a salary offset (dual compensation) waiver? The OPM has exempted from the dual pay prohibition: Part-time or intermittent employment for which OPM has established special minimum pay rates under 5 U.S.C. L. 9670, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse. Q2. OPM will only delegate waiver authority upon the request of an agency head or official at the headquarters level of an agency. . An individual may have more than one federal appointment, but may receive pay from more than one civilian job only when: the jobs total no more than 40 hours of work a week, Sunday to Saturday. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2018, to the figure $35,949, see section 9 of Salary Directive of President pro tempore of the Senate, Mar. there is exceptional difficulty in recruiting or retaining a qualified employee; there is a direct threat to life or property; or. (1), redesignated cls. Such regulations shall be prescribed not later than 60 days after the date of the enactment of this Act [ Nov. 14, 1986 ]." The figure $10,540 in subsec. How the individual is uniquely qualified for the emergency response work or that the number of positions to be filled and/or urgency of response justifies making the appointment without further delay. L. 91510 substituted provision making appropriated funds unavailable for payment to an individual of pay from more than one position, for each of which pay is disbursed by the Clerk of the House, if the aggregate gross pay from those positions exceeds the maximum per annum gross rate of pay authorized to be paid to an employee out of clerk hire allowance of a Member of the House for definition of gross pay, now incorporated in cl. PDF Reemployment of Civilian Retirees Under the National Defense Proposed Locality Pay Expansion Would Be Largest in Years, High Court Backs Postal Employee in Religious Accommodation Case, House Bill Would Order Search of FEHB Rolls for Ineligible Persons. A reemployed annuitant may become eligible for a supplemental annuity or a redetermined annuity. This waiver will enable {name of requesting agency} to reemploy Mr. (or Ms.) ________ for work needed as a result of {describe the unusual circumstance for which the individual's services are needed}. This report: (1) describes the trends in all reemployed annuitants for fiscal years 2004 to 2013; (2) identifies the extent to which OPM analyzes trends in the reasons for dual compensation waiver requests under its authority, and provides guidance to agencies, as Subsec. PDF Processing Tips for Dual Appointments - National Finance Center (c)(1) of this section to be deemed to refer, effective Jan. 1, 1984, to the figure $16,495, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 4571 of Title 2. The citation is 5 CFR part 553. A waiver of the reduction in pay may be granted when appointment of the individual responds to an emergency hiring need, e.g., a military threat, a natural disaster which poses a threat to human life or property, or some other serious unexpected situation. What must an agency show in order to obtain an extension of an existing waiver? Do reemployed annuitants have reduction in force (RIF) protections or can they be let go at any time? If this request is approved, retirees will be able to maintain their full retirement annuity in addition to their salary without penalty. A lock ( (While reemployed, the FERS annuitant will receive full compensation for the grade of the position from salary or wages.). 1976The figure $10,540 in subsec. What constitutes an emergency or an unusual circumstance for purposes of 5 CFR 553.202? Employment under a salary offset waiver as described below typically doesnt provide entitlement to a supplemental or redetermined annuity, nor may new investments be made in the Thrift Savings Plan. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1997, to the figure $23,165, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 18, 1996, formerly set out as a note under section 4571 of Title 2. Employees on military leave for the purpose of providing military aid to enforce the law shall have their civilian pay offset by the military pay received for such service (other than travel, transportation, or per diem). OPM always retains the discretion to deny a request even if the agency establishes that regulatory criteria are met. Visit our Staffing, Recruiting, Examining, and Assessment Policy page for more hiring authority information. When a waiver in the reduction of retired pay is granted, it is effective only for the individual and position for which it is authorized. Classification & Qualifications - U.S. Office of Personnel Management 1969The figure 6,662 in subsection (c)(1)(A) of this section, as increased by Order of June 12, 1968, deemed, on and after July 1, 1969, to refer to the figure 7,287, see section 4(d) of Salary Directive of President pro tempore of the Senate, June 17, 1969, formerly set out as a note under section 4571 of Title 2. 8344(i) and 8468(f). (c)(1) of this section to be deemed to refer, effective Jan. 1, 2001, to the figure $26,329, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 20, 2000, formerly set out as a note under section 4571 of Title 2. Reemployment of Retirees | U.S. Customs and Border Protection Appointments will be on hold pending OPM response. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2006, to the figure $29,905, see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 4, 2006, formerly set out as a note under section 4571 of Title 2. Legal Authority. Welcome to the U.S. Office of Personnel Management's Federal Position Classification and Qualifications website. Any other information that the agency believes OPM should consider. The words $2,000 a year are substituted for the sum of $2,000 per annum. Dual Compensation Waivers - FEDweek 2005The figure $10,540 in subsec. How will my retirement annuity be affected if I return to work? The prohibition against dual employment in the paragraph above does not apply to pay derived from the following: Regulatory exceptions under 5 U.S.C. Amendment by Pub. A reemployed military retiree for whom the penalty has been waived is considered an employee for purposes of CSRS or FERS retirement and will be treated like any other employee in these regards. A request to retain a specific individual should describe the particular abilities the employee brings to the work; the staffing situation such that another employee cannot do the work; and the importance of the project in terms of the legislative mandates or strategic planning objectives that won't be accomplished without that individual. Secure .gov websites use HTTPS Part-time or intermittent employment for which OPM has established special minimum pay rates under 5 U.S.C. 1997The figure $10,540 in subsec. eCFR :: 2 CFR 200.430 -- Compensationpersonal services. 24(c).). (c)(1) of this section to be deemed to refer, effective Jan. 1, 2009, to the figure $32,515, see section 9 of Salary Directive of President pro tempore of the Senate, Mar. There are no restrictions on the number of appointments (positions) an employee may hold so long as the employee is not paid basic pay for the same hours or for more than 40 hours in the aggregate for the same calendar week. Official websites use .gov Official websites use .gov Agencies with such a need, should use the template availableto denote the nature of their request and submit toKimberly.Holden@opm.gov. L. 93145 inserted reference to par. 1985The figure $10,540 in subsec. What is a reemployed annuitant? (c)(1) of this section to be deemed to refer, effective Jan. 1, 1990, to the figure $19,347, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 21, 1989, formerly set out as a note under section 4571 of Title 2. This Personnel Bulletin provides continuity in the Department of the Interior (DOI) policy on granting dual compensation (salary-offset) waivers on under . What are the new changes to the regulations pertaining to salary offset (dual compensation) waivers? 1979The figure $10,540 in subsec. Your bargaining unit was covered by a collective bargaining agreement. 2003The figure $10,540 in subsec. 5533 (dual pay for more than one position; limitations and exceptions); Lock What documentation must agencies submit in order to receive consideration from OPM under the "need to retain a particular individual" criteria? (c)(1) of this section to be deemed to refer, effective Jan. 1, 2000, to the figure $25,362, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 12, 1999, formerly set out as a note under section 4571 of Title 2. askFW Federal Job Application Process Dual Employment in the Federal Government. Federal employees may not engage in outside employment or activities that conflict with official duties and responsibilities. Such information may strengthen an agency's case for a severe recruiting difficulty. What constitutes an "emergency" for purposes of 5 CFR 201(c) and 202? 6.553.1 Reemployed Annuitants (REA) with a Salary Offset Waiver Appointment of an individual to "fill behind" a person immediately and directly involved with the emergency is not a qualifying situation. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. Under what circumstances may OPM grant a delegation of waiver authority? Amendment by Pub. OPM authority to grant dual compensation waivers, or delegation of waiver authority, is discretionary, not mandatory. 2010The figure $10,540 in subsec. (See 13 U.S.C. Throughout this information, "you" refers to a current or former Federal employee, "we" or "us" refers to the U.S. Office of Personnel Management (OPM), and "pay claim decisions" refers to decisions rendered on compensation and/or leave claims filed by current or former Federal employees. 174 0 obj <>/Filter/FlateDecode/ID[<32567B19489EE745B49FC304C3449562><01A9657F3F3492419AD1E277CBE38CAA>]/Index[155 46]/Info 154 0 R/Length 93/Prev 49682/Root 156 0 R/Size 201/Type/XRef/W[1 2 1]>>stream 0 An appointment solely to meet seasonal work fluctuations will not satisfy the criteria. Members of the Reserve Officers Training Corps who are called to perform duty prior to appointment as reserve officers by the President, are ineligible for military leave and hence are subject to dual compensation law. Dual Compensation Waiver Requests for COVID-19 Emergency Amendment by Pub. 23(b), to employees engaged in the field work of the Bureau of the Census. The {name of requesting agency} is requesting this waiver under criteria in 5 CFR 553.201 (d) - "Request based on severe recruiting difficulty." You have no right to further administrative review by OPM. pay on a when-actually-employed basis received from more than one consultant or expert position if the pay is not received for the same hours of the same day; pay consisting of fees paid on other than a time basis; pay received by a teacher of the public schools of the District of Columbia for employment in a position during the summer vacation period; the pay of which is paid by the Secretary of the, This section does not apply to an individual employed under sections. The term "other unusual circumstances" is contained in the authorizing statutes, 5 U.S.C. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2003, to the figure $27,822, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 19, 2002, as amended, formerly set out as a note under section 4571 of Title 2. An employee may, however, use annual and sick leave prior to receipt of compensation payments. Pub. The criteria for approving a waiver for Mr. (or Ms.) ________ are met by the following: The {name of requesting agency} requests a dual compensation reduction (salary offset) waiver for Mr. (or Ms.) ___________. Title 5, Chapter 55, Subchapter IV, United States Code is the basic statute governing dual Federal employment and dual Federal compensation. In light of the continued impact of COVID-19 on the Federal workforce, the U.S. Office of Personnel Management (OPM) invites agencies to submit a request for a delegation of authority for dual compensation reduction (salary off-set) waiver under 5 CFR 553.202, based on a hiring need resulting from the COVID-19 pandemic health crisis. A Reserve of the armed forces or member of the National Guard may accept a civilian office or position under the Government of the United States and is entitled to receive the pay of that office or position in addition to pay and allowances as a Reserve or member of the National Guard. 5. The appointing authority the agency intends to use to reemploy the annuitant. endstream endobj startxref PDF Table of Contents - U.S. Office of Personnel Management Pub. 1978Subsec. L. 111145 effective as though enacted as part of section 1018 of Pub. the .gov website. Secure .gov websites use HTTPS L. 90206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. processing. Request for the Annual Federal Equal Opportunity Recruitment Program Report, Hispanic Employment Report, and Individuals with Disabilities Report for Fiscal Year 2022. OPM will accept electronic filings of pay and leave claims during the COVID-19 pandemic. The OPM has exempted from the dual pay prohibition: The reduction to military retired or retainer pay for retired officers of a regular component in the uniformed services because of employment by the Federal Government, as well as a capping of the combined civilian pay and military retired or retainer pay at Executive Level V, are no longer applicable. Under Section 1101 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2004 (November 24, 2003), reemployed annuitants rehired by DOD are not considered employees for purposes of title 5 U.S.C., Chapters 83 (Civil Service Retirement System (CSRS)) or 84 (Federal Employees Retirement System (FERS)).
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