Reemployment of Civilian Retirees To Meet Exceptional Employment Needs, 41376-41377 [E6-11618]
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41376
Proposed Rules
Federal Register
Vol. 71, No. 140
Friday, July 21, 2006
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.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 553
RIN 3206–AI32
Reemployment of Civilian Retirees To
Meet Exceptional Employment Needs
Office of Personnel
Management.
ACTION: Proposed rule.
rmajette on PROD1PC65 with PROPOSAL
AGENCY:
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: https://
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
VerDate Aug<31>2005
14:43 Jul 20, 2006
Jkt 208001
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 § 553.201(c) and
adding a new paragraph, ‘‘Requests
based on other unusual circumstances,’’
at § 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 § 553.201 and 202
to make clear these provisions include
termination of annuity. Consequently,
we are removing § 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 § 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
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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
E:\FR\FM\21JYP1.SGM
21JYP1
Federal Register / Vol. 71, No. 140 / Friday, July 21, 2006 / Proposed Rules
paragraph (f) as paragraph (g); and
adding a new paragraph (f) to read as
follows:
§ 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:
§ 553.202 Request for delegation of
authority to approve reemployment without
reduction or termination of annuity in
emergencies or other unusual
circumstances.
rmajette on PROD1PC65 with PROPOSAL
*
*
*
*
*
(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:
§ 553.203 Status of individuals serving
without reduction.
Reemployed civilian annuitants.
Annuitants reemployed with full salary
VerDate Aug<31>2005
14:43 Jul 20, 2006
Jkt 208001
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.
41377
[REG–153037–01]
Written comments and requests
for a public hearing must be received by
October 19, 2006.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–153037–01), room
5203, Internal Revenue Service, POB
7604, Ben Franklin Station, Washington,
DC 20044. Alternatively, submissions
may be hand delivered between the
hours of 8 a.m. and 4 p.m. to:
CC:PA:LPD:PR (REG–153037–01),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC. Comments may
also be submitted electronically to
https://www.irs.gov/regs or the Federal
eRulemaking Portal at https://
www.regulations.gov (IRS–REG–
153037–01).
FOR FURTHER INFORMATION CONTACT:
Elizabeth Rawlins at (202) 622–3630
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
RIN 1545–BA31
Background
Suspension of Statutes of Limitations
in Third-Party and John Doe Summons
Disputes and Expansion of Taxpayers’
Rights To Receive Notice and Seek
Judicial Review of Third-Party
Summonses
This document contains proposed
regulations amending the Procedure and
Administration Regulations (26 CFR
part 301) under sections 7603 and 7609
of the Internal Revenue Code of 1986
(Code). The proposed regulations reflect
amendments to sections 7603 and 7609
enacted in the Internal Revenue Service
Restructuring and Reform Act of 1998
(Pub. L. 105–206, 112 Stat. 685) (RRA
1998), the Technical and Miscellaneous
Revenue Act of 1988 (Pub. L. 100–647,
102 Stat. 3343) (TAMRA 1988), and the
Tax Reform Act of 1986 (Pub. L. 99–514,
100 Stat. 2085) (TRA 1986). The
proposed regulations also reflect
changes made to section 6503(j) in the
Omnibus Budget Reconciliation Act of
1990 (Pub. L. 101–508, 104 Stat. 1388)
(OBRA 1990).
[FR Doc. E6–11618 Filed 7–20–06; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 301
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: This document contains
proposed amendments to the
regulations relating to third-party and
John Doe summonses. These proposed
regulations reflect amendments to
sections 7603 and 7609 of the Internal
Revenue Code of 1986 made by the
Internal Revenue Service Restructuring
and Reform Act of 1998, the Omnibus
Budget Reconciliation Act of 1990, the
Technical and Miscellaneous Revenue
Act of 1988, and the Tax Reform Act of
1986, which were enacted subsequent to
adoption of the current regulations.
These proposed regulations provide
guidance relating to the manner in
which summonses may be served on
third-party recordkeepers, the expanded
class of third-party summonses subject
to notice requirements and other
procedures, and the suspension of
periods of limitations if a court
proceeding is brought involving a
challenge to a third-party summons, or
if a third party’s response to a summons
is not finally resolved within six months
after service. These proposed
regulations affect third parties who are
served with a summons, taxpayers
identified in a third-party summons,
and other persons entitled to notice of
a third-party summons.
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
DATES:
Explanation of Provisions
In general, section 7609 provides that
if a summons is served on a third party
requiring the third party to give
testimony or produce records relating to
a taxpayer or other person identified in
the summons, the Internal Revenue
Service (IRS) must provide notice of the
summons to the taxpayer and to any
other person identified in the
description of summoned records and
testimony within three days of the date
on which the summons was served, but
no later than 23 days prior to the date
fixed in the summons as the day on
which the examination of the
summoned person or materials is
scheduled. Persons entitled to notice of
a third-party summons are entitled to
bring a proceeding to quash the
summons by filing a petition in district
court within 20 days after notice is
E:\FR\FM\21JYP1.SGM
21JYP1
]]>Agencies
[Federal Register Volume 71, Number 140 (Friday, July 21, 2006)]
[Proposed Rules]
[Pages 41376-41377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11618]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 71, No. 140 / Friday, July 21, 2006 /
Proposed Rules
[[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.
-----------------------------------------------------------------------
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: https://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
