Changes in Pay Administration Rules for General Schedule Employees; Recruitment, Relocation, and Retention Incentives; Corrections, 74995-74996 [05-24214]
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74995
Rules and Regulations
Federal Register
Vol. 70, No. 242
Monday, December 19, 2005
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 451, 531, and 575
RIN 3206–AK88 and 3206–AK81
Changes in Pay Administration Rules
for General Schedule Employees;
Recruitment, Relocation, and
Retention Incentives; Corrections
Office of Personnel
Management.
ACTION: Correcting amendments.
AGENCY:
List of Subjects in 5 CFR Parts 451, 531,
and 575
The Office of Personnel
Management issued interim regulations
on May 13, 2005 (70 FR 25732), to
implement section 101 of the Federal
Workforce Flexibility Act of 2004,
which amends the rules governing
recruitment, relocation, and retention
incentives, and on May 31, 2005 (70 FR
31278), to implement section 301 of the
Federal Workforce Flexibility Act of
2004, which amends the rules governing
pay setting for General Schedule
employees. This notice corrects minor
errors in the interim regulations.
DATES: Effective Dates: The corrections
to 5 CFR part 575 are effective on May
13, 2005. The corrections to 5 CFR part
531 are effective on May 1, 2005.
FOR FURTHER INFORMATION CONTACT:
David Barash by telephone at (202) 606–
2858; by fax at (202) 606–0824; or by email at pay-performancepolicy@opm.gov.
SUMMARY:
The Office
of Personnel Management is making the
following corrections in Title 5, Code of
Federal Regulations:
• In § 451.104(g), we are correcting a
citation to 5 U.S.C. 4505a(a)(2).
• In § 531.214(d)(2)(iii)(A), we are
replacing the term ‘‘alternate’’ with
‘‘standard’’.
• In § 531.214(d)(4)(iii), Step D, we
are replacing the term ‘‘GS–11’’ with
‘‘GS–9’’.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
17:05 Dec 16, 2005
Jkt 208001
• In § 531.222(a)(2), we are moving
the phrase ‘‘on a regular tour of duty’’
from paragraph (2)(i) to the introductory
text of paragraph (2).
• In § 531.407(b)(2), we are inserting
the phrase ‘‘(or would have resulted
in)’’.
• In § 531.602, we are replacing the
word ‘‘rates’’ with the word ‘‘rate’’ in
the second sentence of the definition of
GS rate.
• In § 531.610(k), we are replacing the
phrase ‘‘Lump-sum payments for
accumulated and annual leave under 5
CFR part 550, subpart L’’ with ‘‘Lumpsum payments under 5 CFR part 550,
subpart L, for accumulated and accrued
annual leave’’.
• In § 572.206(a)(4), we are replacing
the word ‘‘recruitment’’ with
‘‘relocation.’’
• In § 575.310(a), we are replacing the
reference to paragraph ‘‘g’’ with ‘‘(f).’’
Decorations, medals, awards;
Government employees; Law
enforcement officers; Wages.
I Accordingly, 5 CFR parts 451, 531,
and 575 are corrected by making the
following correcting amendments:
PART 451—AWARDS
1. The authority citation for part 451
continues to read as follows:
I
Authority: 5 U.S.C. 4302, 4501–4509; E.O.
11438, 33 FR 18085, 3 CFR, 1966–1970
Comp., p. 755; E.O. 12828, 58 FR 2965, 3
CFR, 1993 Comp., p. 569.
Subpart A—Agency Awards
§ 451.104
[Amended]
2. In § 451.104, amend paragraph (g)
by removing ‘‘4505a(a)(2)(A)’’ and
adding in its place ‘‘4505a(a)(2)’’.
I
PART 531—PAY UNDER THE
GENERAL SCHEDULE
3. The authority citation for part 531
continues to read as follows:
I
Authority: 5 U.S.C. 5115, 5307, and 5338;
sec. 4 of Pub. L. 103–89, 107 Stat. 981; and
E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp.,
p. 316; Subpart B also issued under 5 U.S.C.
5303(g), 5305, 5333, 5334(a) and (b), and
7701(b)(2); Subpart D also issued under 5
U.S.C. 5335(g) and 7701(b)(2); Subpart E also
issued under 5 U.S.C. 5336; Subpart F also
issued under 5 U.S.C. 5304, 5305, and 5338;
and E.O. 12883, 58 FR 63281, 3 CFR, 1993
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Comp., p. 682 and E.O. 13106, 63 FR 68151,
3 CFR, 1998 Comp., p. 224.
Subpart B—Determining Rate of Basic
Pay
§ 531.214
[Amended]
4. In § 531.214(d)(2)(iii)(A), remove
‘‘alternate’’ and add in its place
‘‘standard’’ and in § 531.214(d)(4)(iii),
Step D, remove ‘‘GS–11’’ and add in its
place ‘‘GS–9’’.
I 5. In § 531.222, revise paragraphs
(a)(2), introductory text, and (a)(2)(i) to
read as follows:
I
§ 531.222 Rates of basic pay that may be
used as the highest previous rate.
(a) * * *
(2) The highest previous rate must be
a rate of basic pay received by an
employee while serving on a regular
tour of duty—
(i) Under an appointment not limited
to 90 days or less; or
*
*
*
*
*
Subpart D—Within-Grade Increases
6. In § 531.407, revise paragraph
(b)(2), introductory text, to read as
follows:
I
§ 531.407 Equivalent increase
determinations.
*
*
*
*
*
(b) * * *
(2) An opportunity to receive a
within-level or within-range increase
that results in (or would have resulted
in) forward movement in the applicable
range of rates of basic pay, where
‘‘forward movement in the applicable
range’’ means any kind of increase in
the employee’s rate of basic pay other
than an increase that is directly and
exclusively linked to—
*
*
*
*
*
Subpart F—Locality-Based
Comparability Payments
7. In § 531.602, revise the definition of
GS rate to read as follows:
I
§ 531.602
Definitions.
*
*
*
*
*
GS rate means a rate of basic pay
within the General Schedule, excluding
any LEO special base rate and
additional pay of any kind such as
locality payments or special rate
E:\FR\FM\19DER1.SGM
19DER1
74996
Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Rules and Regulations
supplements. A rate payable to a GM
employee is considered a GS rate.
*
*
*
*
*
I 8. In § 531.610, revise paragraph (k) to
read as follows:
§ 531.610 Treatment of locality rate as
basic pay.
*
*
*
*
*
(k) Lump-sum payments under 5 CFR
part 550, subpart L, for accumulated and
accrued annual leave;
*
*
*
*
*
PART 575—RECRUITMENT,
RELOCATION, AND RETENTION
INCENTIVES; SUPERVISORY
DIFFERENTIALS; AND EXTENDED
ASSIGNMENT INCENTIVES
9. The authority citation for part 575
continues to read as follows:
I
Authority: 5 U.S.C. 1104(a)(2) and 5307;
subparts A, B, and C also issued under sec.
101, Pub. L. 108–411, 118 Stat. 2305 (5 U.S.C.
5753 and 5754); subpart D also issued under
5 U.S.C. 5755; subpart E also issued under
sec. 207, Pub. L. 107–273, 116 Stat. 1779 (5
U.S.C. 5757).
Subpart B—Relocation Incentives
§ 575.206
[Amended]
10. In § 575.206(a)(4), remove the
word ‘‘recruitment’’ and add in its place
the word ‘‘relocation.’’
I
Subpart C—Retention Incentives
§ 575.310
[Amended]
11. In § 575.310(a), remove ‘‘(g)’’ and
add in its place ‘‘(f).’’
I
Office of Personnel Management.
Linda M. Springer,
Director.
[FR Doc. 05–24214 Filed 12–16–05; 8:45 am]
BILLING CODE 6325–39–M
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 531
RIN 3206–AK78
General Schedule Locality Pay Areas
Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
SUMMARY: On behalf of the President’s
Pay Agent, the Office of Personnel
Management is issuing final regulations
on locality pay areas for General
Schedule employees. The final
regulations merge the Kansas City, St.
Louis, and Orlando locality pay areas
with the Rest of U.S. locality pay area;
VerDate Aug<31>2005
17:05 Dec 16, 2005
Jkt 208001
create new locality pay areas for Buffalo,
NY; Phoenix, AZ; and Raleigh, NC; add
the Federal Correctional Complex
Butner, NC, to the Raleigh locality pay
area under revised criteria for evaluating
Federal facilities that cross locality pay
area boundaries; add Fannin County,
TX, to the Dallas-Fort Worth locality
pay area; and make minor changes in
the official description of the Los
Angeles-Long Beach-Riverside and
Washington-Baltimore-Northern
Virginia locality pay areas. The new
locality pay area definitions will
become effective in January 2006.
DATES: The regulations are effective
January 1, 2006. The regulations are
applicable on the first day of the first
pay period beginning on or after January
1, 2006.
FOR FURTHER INFORMATION CONTACT:
Allan Hearne, (202) 606–2838; FAX:
(202) 606–4264; e-mail: payperformance-policy@opm.gov.
SUPPLEMENTARY INFORMATION: Section
5304 of title 5, United States Code,
authorizes locality pay for General
Schedule (GS) employees with duty
stations in the contiguous United States
and the District of Columbia. By law,
locality pay is set by comparing GS pay
rates with non-Federal pay rates for the
same levels of work in each locality pay
area. Non-Federal pay levels are
estimated by means of salary surveys
conducted by the Bureau of Labor
Statistics (BLS). In 2005, there are 32
locality pay areas: 31 separate
metropolitan locality pay areas and a
Rest of U.S. (RUS) locality pay area that
consists of all locations in the
contiguous United States that are not
part of one of the 31 separate
metropolitan locality pay areas.
Section 5304(f) of title 5, United
States Code, authorizes the President’s
Pay Agent (the Secretary of Labor, the
Director of the Office of Management
and Budget (OMB), and the Director of
the Office of Personnel Management
(OPM)) to determine locality pay areas.
The boundaries of locality pay areas
must be based on appropriate factors,
which may include local labor market
patterns, commuting patterns, and the
practices of other employers. The Pay
Agent must give thorough consideration
to the views and recommendations of
the Federal Salary Council, a body
composed of experts in the fields of
labor relations and pay policy and
representatives of Federal employee
organizations. The President appoints
the members of the Federal Salary
Council, which submits annual
recommendations to the President’s Pay
Agent about the locality pay program.
Based on recommendations of the
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Federal Salary Council, we use
Metropolitan Statistical Area (MSA) and
Combined Statistical Area (CSA)
definitions established by OMB as the
basis for locality pay area definitions.
On June 20, 2005, OPM issued a
proposed rule on behalf of the Pay
Agent to—
• Create new locality pay areas for
Buffalo, Phoenix, and Raleigh;
• Merge the Kansas City, St. Louis,
and Orlando locality pay areas with the
Rest of U.S. locality pay area;
• Include several new areas of
application in the new Raleigh locality
pay area; and
• Add Fannin County, TX, to the
Dallas locality pay area, Culpepper
County, VA, to the Washington, DC,
locality pay area, and change the name
of the Santa Barbara-Santa Maria-Goleta,
CA, Metropolitan Statistical Area within
the Los Angeles locality pay area.
Comments Received
We received 31 comments on the
proposed regulations. Several of the
commenters requested that separate
locality pay areas be established in
additional locations due to high living
costs. The suggested areas included
Eureka, CA; Fresno, CA; Las Vegas, NV;
Norfolk, VA; Preston County, WV; Salt
Lake City, UT; Tampa, FL; and Toledo,
OH. Norfolk, Salt Lake City, and Tampa
have been surveyed for the locality pay
program in the past, but the surveys
indicated that pay levels in each
location were below pay levels in the
RUS locality pay area.
Living costs are not directly
considered in setting locality pay or
defining locality pay areas. Locality pay
is set by comparing GS and non-Federal
pay for the same levels of work to allow
the Government to recruit and retain an
adequate workforce. Locality pay is not
designed to equalize living standards for
GS employees across the country. Since
living costs are just one of many factors
that affect the supply and demand for
labor, they are not considered
separately.
Several commenters were opposed to
merging the Kansas City, St. Louis, and
Orlando locality pay areas with the RUS
area and expressed concerns about the
impact on pay for employees in those
areas. Salary survey results consistently
show that the pay disparity in these
three areas is below that in the RUS
locality pay area. Since the purpose of
locality pay is to enable the Government
to offer higher pay in high-pay areas,
there is no policy-based justification for
continuing these three cities as separate
locality pay areas.
Commenters expressed several other
concerns about Kansas City, St. Louis,
E:\FR\FM\19DER1.SGM
19DER1
]]>Agencies
[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Rules and Regulations]
[Pages 74995-74996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24214]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 /
Rules and Regulations
[[Page 74995]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 451, 531, and 575
RIN 3206-AK88 and 3206-AK81
Changes in Pay Administration Rules for General Schedule
Employees; Recruitment, Relocation, and Retention Incentives;
Corrections
AGENCY: Office of Personnel Management.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management issued interim regulations
on May 13, 2005 (70 FR 25732), to implement section 101 of the Federal
Workforce Flexibility Act of 2004, which amends the rules governing
recruitment, relocation, and retention incentives, and on May 31, 2005
(70 FR 31278), to implement section 301 of the Federal Workforce
Flexibility Act of 2004, which amends the rules governing pay setting
for General Schedule employees. This notice corrects minor errors in
the interim regulations.
DATES: Effective Dates: The corrections to 5 CFR part 575 are effective
on May 13, 2005. The corrections to 5 CFR part 531 are effective on May
1, 2005.
FOR FURTHER INFORMATION CONTACT: David Barash by telephone at (202)
606-2858; by fax at (202) 606-0824; or by e-mail at pay-performance-
policy@opm.gov.
SUPPLEMENTARY INFORMATION: The Office of Personnel Management is making
the following corrections in Title 5, Code of Federal Regulations:
In Sec. 451.104(g), we are correcting a citation to 5
U.S.C. 4505a(a)(2).
In Sec. 531.214(d)(2)(iii)(A), we are replacing the term
``alternate'' with ``standard''.
In Sec. 531.214(d)(4)(iii), Step D, we are replacing the
term ``GS-11'' with ``GS-9''.
In Sec. 531.222(a)(2), we are moving the phrase ``on a
regular tour of duty'' from paragraph (2)(i) to the introductory text
of paragraph (2).
In Sec. 531.407(b)(2), we are inserting the phrase ``(or
would have resulted in)''.
In Sec. 531.602, we are replacing the word ``rates'' with
the word ``rate'' in the second sentence of the definition of GS rate.
In Sec. 531.610(k), we are replacing the phrase ``Lump-
sum payments for accumulated and annual leave under 5 CFR part 550,
subpart L'' with ``Lump-sum payments under 5 CFR part 550, subpart L,
for accumulated and accrued annual leave''.
In Sec. 572.206(a)(4), we are replacing the word
``recruitment'' with ``relocation.''
In Sec. 575.310(a), we are replacing the reference to
paragraph ``g'' with ``(f).''
List of Subjects in 5 CFR Parts 451, 531, and 575
Decorations, medals, awards; Government employees; Law enforcement
officers; Wages.
0
Accordingly, 5 CFR parts 451, 531, and 575 are corrected by making the
following correcting amendments:
PART 451--AWARDS
0
1. The authority citation for part 451 continues to read as follows:
Authority: 5 U.S.C. 4302, 4501-4509; E.O. 11438, 33 FR 18085, 3
CFR, 1966-1970 Comp., p. 755; E.O. 12828, 58 FR 2965, 3 CFR, 1993
Comp., p. 569.
Subpart A--Agency Awards
Sec. 451.104 [Amended]
0
2. In Sec. 451.104, amend paragraph (g) by removing ``4505a(a)(2)(A)''
and adding in its place ``4505a(a)(2)''.
PART 531--PAY UNDER THE GENERAL SCHEDULE
0
3. The authority citation for part 531 continues to read as follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-
89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p.
316; Subpart B also issued under 5 U.S.C. 5303(g), 5305, 5333,
5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5
U.S.C. 5335(g) and 7701(b)(2); Subpart E also issued under 5 U.S.C.
5336; Subpart F also issued under 5 U.S.C. 5304, 5305, and 5338; and
E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682 and E.O. 13106,
63 FR 68151, 3 CFR, 1998 Comp., p. 224.
Subpart B--Determining Rate of Basic Pay
Sec. 531.214 [Amended]
0
4. In Sec. 531.214(d)(2)(iii)(A), remove ``alternate'' and add in its
place ``standard'' and in Sec. 531.214(d)(4)(iii), Step D, remove
``GS-11'' and add in its place ``GS-9''.
0
5. In Sec. 531.222, revise paragraphs (a)(2), introductory text, and
(a)(2)(i) to read as follows:
Sec. 531.222 Rates of basic pay that may be used as the highest
previous rate.
(a) * * *
(2) The highest previous rate must be a rate of basic pay received
by an employee while serving on a regular tour of duty--
(i) Under an appointment not limited to 90 days or less; or
* * * * *
Subpart D--Within-Grade Increases
0
6. In Sec. 531.407, revise paragraph (b)(2), introductory text, to
read as follows:
Sec. 531.407 Equivalent increase determinations.
* * * * *
(b) * * *
(2) An opportunity to receive a within-level or within-range
increase that results in (or would have resulted in) forward movement
in the applicable range of rates of basic pay, where ``forward movement
in the applicable range'' means any kind of increase in the employee's
rate of basic pay other than an increase that is directly and
exclusively linked to--
* * * * *
Subpart F--Locality-Based Comparability Payments
0
7. In Sec. 531.602, revise the definition of GS rate to read as
follows:
Sec. 531.602 Definitions.
* * * * *
GS rate means a rate of basic pay within the General Schedule,
excluding any LEO special base rate and additional pay of any kind such
as locality payments or special rate
[[Page 74996]]
supplements. A rate payable to a GM employee is considered a GS rate.
* * * * *
0
8. In Sec. 531.610, revise paragraph (k) to read as follows:
Sec. 531.610 Treatment of locality rate as basic pay.
* * * * *
(k) Lump-sum payments under 5 CFR part 550, subpart L, for
accumulated and accrued annual leave;
* * * * *
PART 575--RECRUITMENT, RELOCATION, AND RETENTION INCENTIVES;
SUPERVISORY DIFFERENTIALS; AND EXTENDED ASSIGNMENT INCENTIVES
0
9. The authority citation for part 575 continues to read as follows:
Authority: 5 U.S.C. 1104(a)(2) and 5307; subparts A, B, and C
also issued under sec. 101, Pub. L. 108-411, 118 Stat. 2305 (5
U.S.C. 5753 and 5754); subpart D also issued under 5 U.S.C. 5755;
subpart E also issued under sec. 207, Pub. L. 107-273, 116 Stat.
1779 (5 U.S.C. 5757).
Subpart B--Relocation Incentives
Sec. 575.206 [Amended]
0
10. In Sec. 575.206(a)(4), remove the word ``recruitment'' and add in
its place the word ``relocation.''
Subpart C--Retention Incentives
Sec. 575.310 [Amended]
0
11. In Sec. 575.310(a), remove ``(g)'' and add in its place ``(f).''
Office of Personnel Management.
Linda M. Springer,
Director.
[FR Doc. 05-24214 Filed 12-16-05; 8:45 am]
BILLING CODE 6325-39-M
