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No. DOD and Coast Guard NAFI employees must have a 90-day break-in-service to be eligible for a recruitment incentive upon movement to a position listed in 5 CFR 575.103 (unless one of the remaining exclusions in the definition of “newly appointed” applies).
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Under 5 CFR 575.110(f) and 575.210(f), agencies may address the extent to which periods of time in a nonpay status or in a paid leave status (or paid time off status) are creditable toward the completion of an incentive service period and to determine whether recruitment or relocation incentive installment payments will continue as scheduled while an employee is in a non-pay status or paid leave status, with the exception of an employee who is on military leave without pay. 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 recruitment or relocation incentive service period, and scheduled recruitment or relocation installment payments specified in the service agreement must continue during the period of military LWOP.
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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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Yes. However, an agency may not include in a group retention incentive authorization an employee in a senior-level (SL), scientific or professional (ST), Senior Executive Service (SES), Federal Bureau of Investigation and Drug Enforcement Administration (FBI/DEA) SES, or Executive Schedule (EX) position or similar categories of positions for which the payment of a retention incentive has been approved by OPM. (See 5 CFR 575.305(c) and 575.315(a)(2).) Retention incentives for employees in such positions must be approved on an individual, case-by-case basis.
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No, in most situations. However, under 5 CFR 575.205(e), an agency may commence a relocation incentive service agreement during a period of employment established under a service agreement for a previously authorized retention incentive or for which an employee is receiving previously authorized retention incentive payments without a service agreement.
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In addition to the information listed in 5 CFR 575.310, the service agreement must also include-
- The conditions under which the agency must terminate the service agreement under 5 CFR 575.315(g), including the conditions under which the agency will pay an additional retention incentive payment for partially completed service under 5 CFR 575.311; and
- A notification to the employee that the agency will review the determination to pay the retention incentive at least annually to determine whether payment is still warranted.
(See 5 CFR 575.315(f).)
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It is up to the agency to decide how long to set the service period for retention incentives. Since the reason for the incentive is to encourage an employee to remain with the agency, the agency should consider what service period length would best help achieve this objective, i.e., what the agency believes to be a reasonable period of service for the amount of incentive it is willing to pay. A service period under a service agreement for an employee likely to leave for a different Federal position may not extend past the date on which the employee’s position is actually affected by the relocation or closure of the employee’s office, facility, activity, or organization (e.g., the date the employee’s position moves to a new geographic location or the date the employee’s position is eliminated.)
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Under 5 CFR 575.310(b), a service period must begin on the first day of a pay period and end on the last day of a pay period.
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