Human Resources and Security Specialists should use this tool to determine the correct investigation level for any covered position within the U.S. Federal Government.
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An employee is not eligible for grade retention if the employee was serving under a term or temporary appointment in the position from which he or she was downgraded. See 5 CFR 536.102(b)(2) and definition of employee in 5 U.S.C. 5361. However, the fact that the employee accepts a temporary or term appointment in conjunction with being downgraded does not affect the employee's entitlement to grade retention.
Similarly, if an employee who is already under grade retention receives a temporary or term appointment via reassignment or transfer, the employee would remain entitled to grade retention, unless one of the terminating events specified in law and regulation occur. (See 5 U.S.C. 5362(d) and 5 CFR 536.208. See also question 2, below.)
Previously, each employing agency was responsible for establishing an order of precedence for applying deductions from the gross pay of its civilian employees when gross pay was not sufficient to cover all authorized deductions.
A memorandum dated July 30, 2008, to agency Human Resources Directors and payroll offices provides policy guidance to standardize the order of precedence when gross pay is not sufficient to permit all deductions. This guidance is part of the e-Payroll standardization initiative managed by the Office of Management and Budget and the U.S. Office of Personnel Management (OPM) and helps ensure consistency among payroll providers in the processing activities involved in ordering deductions when pay is insufficient to permit all deductions. The memorandum is on OPM's website at the link below.
An agency also may delay a service agreement commencement date until after an employee completes an initial period of formal training or a required probationary period when continued employment in the position is contingent on successful completion of the formal training or probationary period. The agency must make the determination to pay an incentive before the employee enters on duty in the position for which recruited or to which relocated. However, the service agreement must specify that if the employee does not successfully complete the training or probationary period before the service period commences, the agency is not obligated to pay any portion of the incentive to the employee. (See 5 CFR 575.110(b) and 575.210(b).)
(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.)
Before the employee enters on duty in the position for which recruited, or in the position in the new geographic area, the agency must determine that, in the absence of a recruitment or relocation incentive (as applicable), the agency would encounter difficulty in filling the position. An agency may determine that a position is likely to be difficult to fill if the agency is likely to have difficulty recruiting candidates with the competencies required for the position in the absence of a recruitment or relocation incentive based on the fact that OPM has approved the use of a direct-hire authority applicable to the position or on a consideration of the following factors:
(See 5 CFR 575.106 and 575.206.)
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