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The law intends critical elements to be used to establish individual accountability. This restriction is clearest for non-supervisory employees who may be serving as team members. Consequently, critical elements generally are not appropriate for identifying and measuring team performance, which by its definition involves shared accountability.
A supervisor or manager can and should be held accountable for seeing that results measured at the group or team level are achieved. Critical elements assessing group performance may be appropriate to include in the performance plan of a supervisor, manager or team leader who can reasonably be expected to command the resources and authority necessary to achieve the results (i.e., be held individually accountable).
However, agencies can use other ways to factor team performance into ratings of record or other performance-related decisions, such as granting awards. One approach to bringing team performance into the process of deriving a rating of record, and certainly to the process of distributing recognition and rewards, is to establish team performance goals within the team members' performance plans as either non-critical or additional performance elements.
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In designing their award programs, agencies have a responsibility to look beyond the award regulations themselves and make sure that the specific reward and incentive programs that are being proposed do not conflict with other laws or regulations. Examples of other rules that can be directly related to incentive/reward schemes are procurement, travel, Fair Labor Standards Act, and tax withholding. These compliance issues surface most often when we are asked to review an agency's proposal for an innovative award scheme.
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No, there is no comparison across competitive areas to determine if a mix of patterns exists. Only if there is a mix of patterns within a single competitive area can an agency vary credit.
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Yes. OPM encourages agencies to hold supervisors accountable for fulfilling their performance management responsibilities. Agencies often establish elements and standards in the raters' performance plans to hold them accountable for the performance management of their subordinates.
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Yes. OPM must approve any cash award over $10,000 up to $25,000. Awards over $25,000 must be submitted through OPM for the President's approval. The Department of Defense and the Internal Revenue Service (IRS) may approve awards up to $25,000. (
SES performance awards and
Presidential rank awards for SES and SL/ST employees have their own requirements).
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No. The level designators (Level 1, Level 2, Level 3, Level 4, Level 5) described in Governmentwide regulations address summary levels only. An agency appraisal program can be designed to appraise elements using a mix of rating levels. For example, critical elements might be appraised at five levels and non-critical elements appraised as pass/fail. A methodology for deriving a summary rating must be in place, however. Agencies have flexibility to determine how their elements are appraised and their particular program design choices that agencies and their subcomponents make should reflect their own situations and needs.
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Governmentwide regulations specify three types of performance elements:
- critical elements
- non-critical elements
- additional performance elements
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No. Regulations do not require that the appraisal period be ended to change appraisal programs. However, agencies need to remember that the regulations permit only a single rating of record in a given appraisal period.
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Yes, under current law, performance ratings must be a factor in the reduction in force process. Only under a demonstration project that waives pertinent law or regulation could an agency drop the use of performance in a reduction in force.
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Performance at the individual level means the accomplishment of outputs and work processes for which the employee can be held individually accountable. Because failure of a critical element can result in an employee's reduction in grade or removal, critical elements would measure those outputs/outcomes and processes over which the employee is expected or intended to have control and exercise authority.
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Agencies may present such certificates and vouchers if they are being used as informal recognition awards. Merchant gift certificates should not be confused with cash surrogates (which are vouchers or checks that can be easily and widely redeemable for cash, not merchandise). Gift certificates usually are given when the intent is to give something but let the recipient make the final choice. Merchandise certificates cannot meet a cash surrogate's criterion of being easily negotiable because of limitations on where, how, and for what they may be redeemed. Gift certificates fail to meet the criteria for honorary awards because they convey a clear monetary value and cannot be characterized as symbolizing the employer-employee relationship. Consequently, the only circumstance where a gift certificate may be used to recognize an employee contribution is as an informal recognition award, which may not exceed nominal value. Agencies also need to be aware that the Internal Revenue Service (IRS) considers gift certificates to be taxable fringe benefits that must be taxed on their fair market value. The face value of a gift certificate would be considered its fair market value. Further questions on taxable fringe benefits should be directed to the IRS.
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Yes. When submitting status and dynamics files, agencies must submit three pieces of rating of record data to OPM's EHRI for each individual record:
the summary level
the pattern of the program that the rating was given under
the ending date of the rating's associated appraisal period
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Yes. The requirements dealing with electronic signatures are:
- the signal or symbol must be unique to the signer
- the "signature" must be capable of being verified and must be linked to the data being transmitted, including the effective date
- control features must be in place to insure the authenticity of data on the form, including the electronic signature
- such controls must provide reasonable assurance that deliberate or inadvertent manipulation, modification or loss of data on the electronically stored form is detected
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Yes. OPM regulations require agencies to train rating officials on performance management topics (including developing performance plans, providing feedback, appraising and rewarding performance).
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Statute restricts performance awards to no more than 10 percent of the employee's annual rate of basic pay, except that a rating-based award may exceed 10 percent if the agency head determines that an employee's exceptional performance justifies such an award. However, in no case may a rating-based award exceed 20 percent of the employee's annual rate of basic pay.
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Yes. Provided the temporary employees meet the Governmentwide requirements. An agency may exclude an employee who:
is serving in a position under a temporary position for less than 1 year,
agrees to serve without a performance evaluation, and
will not be considered for a reappointment or for an increase in pay based in whole or in part on performance.
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An employee who meets the agency-established criteria for such a bonus, whose official duties do not include recruitment, and who is not involved in any way in the selection of the referred individual would be eligible for a referral bonus. Also, an employee cannot refer a relative, as defined by 5 U.S.C. 3110(a)(3).
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Yes. Under statute and the implementing regulations, such awards are subject to the OPM and Presidential approval, respectively.
Note: The Department of Defense and the Internal Revenue Service only have to seek approval from OPM to grant awards over $25,000.
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No. The statute requires that each employee be appraised against his or her performance standard(s). It does not allow for appraising an employee by "presuming" that an employee is meeting performance standards. For the same reason, the process for appraising employees described by the regulations does not provide for any "assumed" levels of performance.
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Honorary awards represent symbolic formal recognition. Items presented as honorary awards must meet all of the following criteria:
The item must be something that the recipient could reasonably be expected to value, but not something that conveys a sense of monetary value.
The item must have a lasting trophy value.
The item must clearly symbolize the employer-employee relationship in some fashion.
The item must take an appropriate form to be used in the public sector and to be purchased with public funds.
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