[Federal Register: July 21, 2006 (Volume 71, Number 140)]
[Proposed Rules]
[Page 41376-41377]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy06-8]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 41376]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 553
RIN 3206-AI32
Reemployment of Civilian Retirees To Meet Exceptional Employment
Needs
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing proposed
regulations to amend the criteria under which OPM may grant dual
compensation (salary off-set) waivers on a case-by-case basis, or
delegate waiver authority to agencies. This amendment clarifies that
OPM may grant or delegate to agencies the authority to grant such
waivers in situations resulting from emergencies posing an immediate
and direct threat to life or property or situations resulting from
unusual circumstances that do not involve an emergency. The proposed
changes will make it easier for agencies to reemploy needed individuals
when faced with unusual circumstances. In addition, we are proposing to
amend the section headings to avoid redundancy. This amendment is also
removing information concerning military employees.
DATES: We will consider comments received on or before September 19,
2006.
ADDRESSES: You may submit comments, which are identified by RIN 3206-
AI32, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: employ@opm.gov. Include ``RIN 3206-AI32,
Reemployment of Military and Civilian Retirees to Meet Exceptional
Employment Needs'' in the subject line of the message.
Fax: (202) 606-2329.
Mail: Nancy H. Kichak, Associate Director for Strategic
Human Resources Policy, U.S. Office of Personnel Management, Room 6551.
1900 E Street, NW., Washington, DC 20415-9700.
Hand Delivery/Courier: U.S. Office of Personnel
Management, Room 6551. 1900 E Street, NW., Washington, DC 20415-9700.
FOR FURTHER INFORMATION CONTACT: Janice Warren, 202-606-2367, FAX: 202-
606-2329, by TDD: 202-418-3134, or e-mail: janice.warren@opm.gov.
SUPPLEMENTARY INFORMATION: The current regulations provide OPM the
authority to grant dual compensation (salary off-set) waivers on a
case-by-case basis or delegate waiver authority to agencies in order to
meet emergencies posing immediate and direct threat to life or property
or emergencies resulting from other unusual circumstances. Under this
proposed rule, OPM may grant a waiver or delegate waiver authority for
unusual circumstances, which do not cause or create an emergency.
Unusual circumstances may include, but are not limited to, the need to
conform to a congressional or other mandate to meet new or expanded
mission requirements by a particular date, as well as other unforeseen
developments that will adversely impact an agency's ability to carry
out its mission. To effectuate this change for individual waivers, we
are removing the reference to ``other unusual circumstances'' in Sec.
553.201(c) and adding a new paragraph, ``Requests based on other
unusual circumstances,'' at Sec. 553.201(f). Similarly, for agency
requests for delegated authority, we are modifying section
553.202(b)(1) to separate unusual circumstances from emergency
situations. These changes will more closely align the regulations to
the authorizing statutes at 5 U.S.C. 8344(i)(1)(B) and 8468(f)(1)(B),
which distinguish between emergencies and other unusual circumstances.
We are amending the titles of Sec. 553.201 and 202 to make clear these
provisions include termination of annuity. Consequently, we are
removing Sec. 553.201(b)(4) because this subsection is no longer
needed with the change in the section titles. In addition, we are
removing any references to ``military employees'' in the title of this
regulation and eliminating Sec. 553.203(b), because it is no longer
needed. The Federal Employees Pay Comparability Act of 1990 (FEPCA)
permitted OPM to authorize exceptions to the reduction in pay and
retirement benefits normally required for either civilian or military
retirees reemployed in the Federal Government. On October 5, 1999,
President Clinton signed the National Defense Authorization Act for
Fiscal Year 2000 (Pub. L. 106-65). Section 651 of this law repeals
section 5532 of title 5, United States Code. This action ended the
reductions in retired or retainer pay previously required of retired
members of a uniformed service who are employed in a civilian office or
position of the U.S. Government. As a result, we are deleting all
information concerning military employees from this subpart.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it affects
only certain potential applicants and Federal employees.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 553
Administrative practice and procedure, Government employees,
Military personnel, Retirement, and Wages.
Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, OPM is proposing to amend 5 CFR part 553 subpart B, as
follows:
PART 553--REEMPLOYMENT OF CIVILIAN RETIREES TO MEET EXCEPTIONAL
EMPLOYMENT NEEDS
1. The authority for part 553 continues to read as follows:
Authority: 5 U.S.C. 8344, 8468, Sec. 651, Pub. L. 106-65 (113
Stat. 664).
2. The heading for part 553 is revised as set forth above.
Subpart B--Special Provisions for Reemployment Without Penalty To
Meet Exceptional Recruiting or Retention Needs
3. Section 553.201 is amended by revising the section heading;
paragraphs (a), (b)(2) and (c) introductory text; removing paragraph
(b)(4); redesignating
[[Page 41377]]
paragraph (f) as paragraph (g); and adding a new paragraph (f) to read
as follows:
Sec. 553.201 Requesting OPM approval for reemployment without
reduction or termination of annuity in individual cases.
(a) Request by agency head. The head of an agency may request OPM
to approve individual exceptions on a case-by-case basis to meet
temporary hiring needs based on an emergency or other unusual
circumstances or when the agency has encountered exceptional difficulty
in recruiting or retaining a qualified candidate for a particular
position. Authority to submit such a request may not be redelegated to
an official below the agency's headquarters level.
(b) * * *
(2) The request must be submitted in accordance with the criteria
set out in paragraphs (c), (d), (e), or (f) of this section.
* * * * *
(c) Requests based on an emergency hiring need. An agency may
request reemployment without penalty for an individual whose services
are needed on a temporary basis to respond to an emergency involving a
direct threat to life or property. Requests submitted on that basis
must meet the following criteria:
* * * * *
(f) Requests based on other unusual circumstances. An agency may
request reemployment without penalty for an individual whose services
are needed on a temporary basis due to unusual circumstances. Agencies
must provide justification describing the unusual circumstances.
* * * * *
4. Section 553.202 is amended by revising the section heading, and
paragraph (b)(1) to read as follows:
Sec. 553.202 Request for delegation of authority to approve
reemployment without reduction or termination of annuity in emergencies
or other unusual circumstances.
* * * * *
(b) * * *
(1) Description of the situations for which authority is requested.
The situation must result from emergencies posing immediate and direct
threat to life or property or from other unusual circumstances.
* * * * *
5. Section 553.203 is revised to read as follows:
Sec. 553.203 Status of individuals serving without reduction.
Reemployed civilian annuitants. Annuitants reemployed with full
salary and annuity under an exception granted in accordance with this
part are not considered employees for purposes of subchapter III of
chapter 83 or chapter 84 of title 5, United States Code. They may not
elect to have retirement contributions withheld from their pay; they
may not use any employment for which an exception is granted as a basis
for a supplemental or recomputed annuity; and they may not participate
in the Thrift Savings Plan.
[FR Doc. E6-11618 Filed 7-20-06; 8:45 am]
BILLING CODE 6325-39-P