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A retention incentive is an incentive an agency may pay to a current employee if--
- The agency determines that the unusually high or unique qualifications of the employee or a special need of the agency for the employee’s services makes it essential to retain the employee and the employee would be likely to leave the Federal service in the absence of a retention incentive, or
- The agency has a special need for the employee’s services that makes it essential to retain the employee in his or her current position during a period of time before the closure or relocation of the employee’s office, facility, activity, or organization and the employee would be likely to leave for a different position in the Federal service in the absence of a retention incentive.
(See 5 CFR 575.301, 575.315(a)(1), the
Retention Incentives (likely to leave the Federal service) fact sheet, and the
Retention Incentives (likely to leave for a different Federal position) fact sheet.)
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Under 5 CFR 575.310(e), agencies may address the extent to which periods of time in a nonpay status (excluding military leave without pay) or in a paid leave status (or paid time off status) are creditable toward the completion of a retention incentive service period.
An employee who is absent because of uniformed service is generally entitled upon reemployment to be treated as though he or she had never left. (See 5 CFR 353.107.) This means that a person who is reemployed following uniformed service receives credit for the entire period of the absence for the purpose of rights and benefits based upon seniority and length of service, including within-grade increases, career tenure, completion of probation, leave rate accrual, and severance pay. Therefore, the period of military LWOP is creditable toward the completion of a retention service period.
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For each determination to pay a retention incentive, the agency must document in writing—
- The basis for determining the agency has a special need for the employee’s (or group of employees‘) services that makes it essential to retain the employee(s), based on the agency‘s mission needs and the employee’s (or group of employees‘) competencies, during a period of time before the closure or relocation of the employee’s (or group of employees‘) office, facility, activity, or organization;
- The basis for determining, in the absence of a retention incentive, the employee (or a significant number of employees in the group) would be likely to leave for a different position in the Federal service; and
- The basis for determining the amount and timing of the incentive payments and the length of the service period.
(See 5 CFR 575.315(d)(1).)
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For the purpose of paying a recruitment incentive,
newly appointed refers to —
- The first appointment, regardless of tenure, as an employee of the Federal Government;
- An appointment of a former employee of the Federal Government following a break in service of at least 90 days; or
- An appointment of an individual in the Federal Government when his is her Federal service during the 90-day period immediately preceding the appointment was limited to one or more of the following:
- A time-limited appointment in the competitive or excepted service;
- A non-permanent appointment (excluding a Schedule C appointment under 5 CFR part 213) in the competitive or excepted service;
- Employment with the government of the District of Columbia (DC) when the candidate was first appointed by the DC government on or after October 1, 1987;
- An appointment as an expert or consultant under 5 U.S.C. 3109 and 5 CFR part 304;
- Employment under a provisional appointment designated under 5 CFR 316.403; or
- Employment under the Student Career Experience Program under 5 CFR 213.3202(b).
(See the definition of
newly appointed in 5 CFR 575.102.)
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Before paying a retention incentive, an agency must establish a plan for using the authority. (See 5 CFR 575.307 and 575.315(c).) The plan must include the designation of officials with authority to review and approve payment of retention incentives, the categories of employees who are prohibited from receiving retention incentives, required documentation for determining that an employee would be likely to leave the Federal service or would be likely to leave for a different position in the Federal service, any requirements for determining the amount of a retention incentive, the payment methods that may be authorized, requirements governing service agreements (including the criteria for determining the length of a service period, the conditions for terminating a service agreement, and the obligations of the agency if it terminates a service agreement), the conditions for terminating retention incentive payments when no service agreement is required, and documentation and recordkeeping requirements.
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By March 31 in each of the years 2006 through 2010, each agency must submit a written report to OPM on the use of the recruitment and relocation incentive authorities within the agency during the previous calendar year for use in compiling an OPM report to Congress, as required by section 101(c) of Public Law 108-411. Each agency report must include—
- A description of how the authority to pay recruitment and relocation incentives was used by the agency during the previous calendar year;
- The number and dollar amount of recruitment and relocation incentives paid during the previous calendar year by occupational series and grade, pay level, or other pay classification; and
- Other information, records, reports, and data as OPM may require.
(See 5 CFR 575.113(b) and 575.213(b).)
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For each determination to pay a recruitment or relocation incentive, an agency must document in writing—
- The basis for determining that a position is likely to be difficult to fill;
- The basis for authorizing an incentive; and
- The basis for the amount and timing of the approved incentive payment and the length of the required service period.
- Also, for a relocation incentive, that the worksite of the employees new position is not in the same geographic area as the worksite of the position held immediately before the move (or that a waiver was approved under 5 CFR 575.205(b)) and that the employee established a residence in the new geographic area.
The authorized agency official must review and approve the recruitment or relocation incentive determination before the agency pays the incentive to the employee. (See 5 CFR 575.108(a) and 575.208(a).)
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Yes. Agencies may pay a recruitment incentive to employees receiving a special rate or locality rate.
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An agency may pay a recruitment or relocation incentive as an initial lump-sum payment at the beginning of the service period, in equal or variable installment payments throughout the service period, as a final lump-sum payment upon completion of the service period, or in a combination of these methods. (See 5 CFR 575.109(a) and 575.209(a).)
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Agencies may not pay a retention incentive to an employee in a position (1) to which the individual was appointed by the President; (2) in the Senior Executive Service as a non-career appointee; (3) which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; (4) designated as the head of an agency, including an agency headed by a collegial body composed of two or more individual members; or (5) in which the employee is expected to receive an appointment as the head of an agency. (See 5 CFR 575.304 and 575.315(b)(1).)
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