Proposed Demonstration Project; Pay Banding and Performance-Based Pay Adjustments in the National Nuclear Security Administration, 9037-9050 [E7-3454]
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Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices
has requested this exemption in order to
revise the October 1988 exemption to
include additional combustibles such as
the 480V Reactor Building Vent Boards
1B, 2B, and 3B; small panels in Units 1,
2 and 3; and the one hour fire rated fire
wrap (Thermo-lag) material for the 20foot separation zones identified.
Environmental Impacts of the Proposed
Action
The proposed action will not
significantly increase the probability or
consequences of accidents. The NRC
staff has completed its evaluation of the
proposed exemption and associated
amendment and finds that the
calculated total doses remain within the
acceptance criteria of 10 CFR 50.67 and
General Design Criterion 19, and there
is no significant increase in
occupational or public radiation
exposure. The NRC staff, thus,
concludes that granting the proposed
exemption would result in no
significant radiological environmental
impact.
The proposed action does not affect
nonradiological plant effluents or
historical sites, and has no other
environmental impact. Therefore, there
are no significant nonradiological
impacts associated with the proposed
exemption.
Accordingly, the NRC concludes that
there are no significant environmental
impacts associated with the proposed
action.
Alternative to the Proposed Action
Alternative Use of Resources
The action does not involve the use of
any different resources than those
previously considered in the Final
Environmental Statement for the BFN
dated September 1, 1972, for Units 1, 2,
and 3.
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Agencies and Persons Consulted
In accordance with its stated policy,
on February 6, 2007, the NRC staff
consulted with the Alabama State
official, Kirk Whatley of the Office of
Radiological Control, regarding the
environmental impact of the proposed
action. The State official had no
comments.
16:08 Feb 27, 2007
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On the basis of the environmental
assessment, the Commission concludes
that the proposed action will not have
a significant effect on the quality of the
human environment. Accordingly, the
Commission has determined not to
prepare an environmental impact
statement for the proposed action.
For further details with respect to the
purposed action, see the licensee’s letter
dated October 26, 2006. Documents may
be examined, and/or copied for a fee, at
the NRC’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O–1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS should contact the NRC PDR
Reference staff by telephone at 1–800–
397–4209 or 301–415–4737, or send an
e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 20th day
of February 2007.
For the Nuclear Regulatory Commission.
Eva A. Brown,
Project Manager, Plant Licensing Branch II–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E7–3476 Filed 2–27–07; 8:45 am]
The Board further proposed expanding
the second system, Mailing List, to
become the Contact List. The Board
determined that the changes to
NWTRB–1 were important enough to
republish the notice with the changes
and that the changes to NWTRB–2 were
substantial enough to accept comments
on the proposed expansion until
January 15, 2007. The Board received no
comments on the proposed expansion.
DATES: The changes to NWTRB–2 will
become effective on February 28, 2007.
FOR FURTHER INFORMATION CONTACT:
Victoria Reich, 703–235–4473.
SUPPLEMENTARY INFORMATION: The Board
currently maintains two systems of
records , NWTRB–1 and NWTRB–2, that
contain information covered by the
Privacy Act of 1974. In its review of
these systems, the Board has found
classes of information that were not
included in its previous notice and on
November 22, 2006, republished
NWTRB–1 with the corrections added.
The Board further found that expanding
the records in NWTRB–2 would make it
more useful and requested comments
from the public from November 22,
2006, until January 15, 2007. No
comments were received during this
period. Accordingly, the Board plans to
proceed with the proposed changes on
February 28, 2007.
Dated: February 23, 2007.
William D. Barnard,
Executive Director, U.S. Nuclear Waste
Technical Review Board.
[FR Doc. 07–885 Filed 2–27–07; 8:45 am]
BILLING CODE 7590–01–P
As an alternative to the proposed
action, the NRC staff considered denial
of the proposed action (i.e., the ‘‘no
action’’ alternative). Denial of the
exemption would result in no change in
current environmental impacts. Thus,
the environmental impacts of the
proposed action and the alternative
action are similar.
VerDate Aug<31>2005
Finding of No Significant Impact
9037
BILLING CODE 6820–AM–M
NUCLEAR WASTE TECHNICAL
REVIEW BOARD
OFFICE OF PERSONNEL
MANAGEMENT
Privacy Act of 1974; Systems of
Records
Proposed Demonstration Project; Pay
Banding and Performance-Based Pay
Adjustments in the National Nuclear
Security Administration
U.S. Nuclear Waste Technical
Review Board.
ACTION: Notice of modification to two
existing systems of records.
AGENCY:
SUMMARY: 5 U.S.C. 552a requires that
each federal agency review its systems
of records containing personal
information covered by the Privacy Act
of 1974. As a result of its latest review,
the Board is amending both of the
systems of records that it maintains. A
description of these systems was
published in November 22, 2006 (71 FR
67654–67655). The Board proposed
amending NWTRB–1 and expanding
NWTRB–2 to include other information
useful to the Board. In the first system,
Administrative Files, some categories
were overlooked in the previous notice.
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Notice of a proposed
demonstration project plan.
ACTION:
SUMMARY: Chapter 47 of title 5, United
States Code, authorizes the Office of
Personnel Management (OPM), directly
or in agreement with one or more
agencies, to conduct demonstration
projects that experiment with new and
different human resources management
concepts to determine whether changes
in human resources policy or
procedures would result in improved
Federal human resources management.
The National Nuclear Security
Administration (NNSA) and OPM
propose to test a pay banding system in
which within-band pay progression is
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based on performance. Section 4703 of
title 5 requires OPM to publish the
proposed project plan in the Federal
Register. This notice fulfills that
requirement. The proposed project plan
has been approved by NNSA, the
Department of Energy, and OPM.
Written comments must be
submitted on or before March 30, 2007.
A public hearing is scheduled for
Wednesday, April 4, 2007, from 10 a.m.
to 5 p.m., Eastern Standard Time. The
location of the hearing is: U.S.
Department of Energy, Forrestal
Building, 1000 Independence Avenue,
SW., Washington, DC 20585.
Public parking is limited, but the
building is conveniently accessible to
the ‘‘Smithsonian’’ and ‘‘L’Enfant’’
Metro stations. The Forrestal Building is
a secure facility. Members of the public
must show a government-issued photo
ID (e.g., State driver’s license).
Attendees will undergo electronic
screening, and their personal belongings
will be subject to a physical search.
Personal items prohibited in the
Forrestal Building include devices that
can transmit and record, weapons (guns,
knives, explosives, etc.), and alcohol. A
member of the public possessing such
items will be barred from entering, and
such items are subject to confiscation.
There will be a sign-in table set up in
the main lobby. A greeter, and signs,
will direct attendees to the main
auditorium location.
There will be a telephone call-in
number for members of the public who
cannot attend in person. That number
will be 202–287–5323, and the line will
be active from 10 a.m. to 5 p.m., Eastern
Standard Time.
At the time of the hearing, interested
persons or organizations may present
their written or oral comments on the
proposed demonstration project. The
hearing will be informal. However,
anyone wishing to testify should contact
the person listed under FOR FURTHER
INFORMATION CONTACT, so that NNSA and
OPM can plan the hearing and provide
sufficient time for all interested persons
and organizations to be heard. Priority
will be given to those on the schedule,
with others speaking in any remaining
available time. Each speaker’s
presentation will be limited to 10
minutes. Written comments may be
submitted to supplement oral testimony
during the public comment period.
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DATES:
Comments may be mailed to
Demonstration Projects, U.S. Office of
Personnel Management, 1900 E Street,
NW., Room 7677, Washington, DC
20415 or submitted by e-mail to
Demoprojects@opm.gov.
ADDRESSES:
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16:08 Feb 27, 2007
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FOR FURTHER INFORMATION CONTACT:
National Nuclear Security
Administration: Randy Mazzeo, NNSA
Assistant HR Director for Policy &
Workforce Planning, (301) 903–5192,
19901 Germantown Road, NA–64, Room
F–115, Germantown, MD 20874. Office
of Personnel Management: Patsy
Stevens, Systems Innovation Group
Manager, U.S. Office of Personnel
Management, (202) 606–1258, 1900 E
Street, NW., Room 7456, Washington,
DC 20415.
SUPPLEMENTARY INFORMATION: The goals
of this demonstration project are to—
(1) Improve hiring by allowing NNSA
to compete more effectively for high
quality employees through the judicious
use of higher entry salaries;
(2) Motivate and retain staff by
providing faster pay progression for
high-performing employees;
(3) Improve the usefulness and
responsiveness of the position
classification system to managers;
(4) Increase the proficiency of
administering the position classification
system through a simplified pay-banded
application of the current General
Schedule grade structure, and reduce
the procedural steps and documentation
requirements traditionally associated
with classifying positions;
(5) Eliminate automatic pay increases
(i.e., annual adjustments that normally
take effect the first day of the first pay
period beginning on or after January 1)
by making pay increases performancesensitive, so that only Fully Successful
(known as ‘‘Fully Meets Expectations’’
in NNSA) and higher performers will
receive pay adjustments, and the best
performers will receive the largest pay
adjustments;
(6) Integrate with, build upon, and
advance the work of several key human
capital management improvement
initiatives and projects currently
underway in NNSA, including—
a. Advancing the ongoing refinement
of NNSA’s three-year old enterprisewide performance management
program, which currently features a
pilot for automating yearly performance
ratings, to the next logical level,
encompassing performance-based pay
adjustments,
b. Achieving greater parity, though
not complete harmony, with NNSA’s
mature excepted service pay-banded
and pay-for-performance system (e.g.,
will have a lower high-end pay band; no
automatic pay increases, etc.),
c. Building on the simplified position
description (PD) format and automated
PD library that are already in place,
d. Continuing to develop improved
performance management skills among
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first-line supervisors through increased
program rigor, additional training, and
better guidance materials, to better
develop standards that reflect
differences in performance,
e. Developing an automated position
classification and position control
system,
f. Establishing a system of careerenhancing career paths for the purpose
of developing, advancing, and retaining
employees,
g. Building on the new workforce
analysis and planning system, already
in place to identify FTE needs and
competency needs and skills gaps, to
conduct a valid occupational analysis to
construct meaningful pay bands,
h. Using a total workforce
management approach to controlling
costs, not just spending caps and share
formulas; i.e., cultivating a managerial
culture of accountability in taking and
directing personnel actions, fostering
judicious yearly employee ratings and
prudent performance payouts, and
instilling position management
discipline.
Office of Personnel Management.
Linda M. Springer,
Director.
Table of Contents
I. Executive Summary
II. Introduction
A. Purposes and Approach
B. Problems With the Present System
C. Changes Required/Expected Benefits
D. Participating Organizations
E. Participating Employees
F. Project Design
III. Personnel System Changes
A. Pay Banding Classification and Pay
System
1. Establishment of Career Paths and Pay
Bands
2. Position Classification
3. Minimum Qualifications Requirements
4. Elimination of Fixed Steps
5. Rate Range
6. Rate of Basic Pay Upon Initial
Appointment
7. Rate of Basic Pay Upon Promotion
8. Rate of Basic Pay in Noncompetitive
Lateral Actions
9. Other Pay Administration Provisions
10. Staffing Supplements
B. Performance Appraisal
1. Program Requirements
2. Supervisory Accountability
3. Reconsideration of Ratings
C. Performance-Based Pay Adjustments
1. Pay Pools
2. Performance Shares
3. Pay Adjustments
4. Employees Who Do Not Receive a Pay
Adjustment
5. Locality Pay and Staffing Supplement
D. Reduction-in-Force
IV. Training
V. Conversion
A. Conversion to the Demonstration Project
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B. Conversion Back to the General
Schedule System
VI. Project Duration
VII. Project Evaluation
VIII. Costs
IX. Waiver of Laws and Regulations Required
A. Title 5, United States Code
B. Title 5, Code of Federal Regulations
I. Executive Summary
This project was designed by NNSA
in consultation with OPM. The
demonstration project will modify the
General Schedule classification and pay
system by identifying several broad
career paths, establishing pay bands
which may cover more than one grade
in each career path, eliminating
longevity-based step progression, and
providing for annual pay adjustments
based on performance. The proposed
project will test (1) the effectiveness of
multi-grade pay bands in recruiting,
advancing, and retaining employees,
and in reducing the processing time and
paperwork traditionally associated with
classifying positions at multiple grade
levels, and (2) the application of
meaningful distinctions in levels of
performance to the allocation of annual
pay increases under the General
Schedule.
II. Introduction
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A. Purposes and Approach
The purposes of the proposed project
are to—
(1) Modify the General Schedule (GS)
classification system by establishing pay
bands which may cover more than one
grade; and
(2) Modify the GS pay system to
provide larger annual pay increases to
employees who are better performers
based on performance distinctions made
under a credible, strategically-aligned
performance appraisal system/program
and thereby improve the resultsoriented performance culture within the
organization.
NNSA’s approach to achieving these
purposes is to integrate with and build
upon the several ongoing human capital
management initiatives and projects that
are already underway, and to design a
GS pay banding and performance-based
pay adjustment system that—
(1) Complements and increases parity
with the statutory NNSA excepted
service employment system, already in
place, and
(2) Profits from the successes,
mistakes, and lessons of other agency
demonstration projects, past and
current.
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B. Problems With the Present System
Position Classification Rigidity,
Incomprehensibility, and Procedural
Excesses
Although the GS classification system
is not a compensation system per se, the
classification and pay systems are
inextricably intertwined. In practice, the
GS classification system is the primary
determinant of an employee’s basic pay.
Furthermore, NNSA believes in the
principles underlying the GS
classification system (i.e., equal pay for
substantially equal work, and variations
in pay based on the actuality of work
performed, rather than on who performs
the work) and believes that these
principles are as valid and applicable to
the Federal civil service system today as
when originally enacted into law in
1923, and when the General Schedule
was established in 1949. As Ismar
Baruch wrote in a classic
groundbreaking 1941 report, Position
Classification in the Public Service:
‘‘ * * * the very nature of governmental
jurisdictions places them in a position of
peculiar responsibility to the public at large.
Individual actions without plan or system
and based merely upon the expediency of the
moment are undesirable. Public personnel
policies and transactions affecting positions
and employees should be supportable by
facts and logic in the light of broad
considerations applicable to the service as a
whole. Further, in the management of public
personnel affairs, considerations of fairness
and equity require uniform action under like
circumstances, particularly in the
establishment of pay rates.’’
This in essence is what the Federal
position classification system was
designed to achieve, and has achieved
in principle, if not practice, ever since
these words were first written. Thus,
rather than ‘‘scrapping’’ the current GS
classification system and starting over,
NNSA believes that modifying the
system to accommodate the work and
workforce of the 21st century is a more
prudent and workable approach.
Pay banding does this. The current GS
classification system is cumbersome,
labor intensive, and difficult to
comprehend. As OPM’s April 2002
white paper, A Fresh Start for Federal
Pay: The Case for Modernization points
out, the GS classification system was
designed during the World War II years
when civil servants were predominantly
‘‘process-obsessed’’ file clerks. Public
servants in the middle of the 20th
century performed work that tended to
be mechanical and repetitive in nature,
consisting of job tasks readily
observable and measurable. Today,
work tends to be knowledge-based and
highly specialized, and does not lend
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9039
itself to easy categorization based on
readily observable characteristics.
Nonetheless, as an employee progresses
from the entry level to the fullperformance level in a given occupation
today, under the traditional
classification system, a separate position
description is still required for each
grade. For example, an entry level GS–
5 Engineer with promotion potential to
GS–12 requires five different position
descriptions (or statements of
differences) covering grade intervals
GS–5, GS–7, GS–9, GS–11, and GS–12.
Additionally, each position description
should be accompanied by a position
evaluation report certifying that the
duties and responsibilities of the
position meet the requirements for
classification into the series and grade.
Often, the difference between a highergraded and lower-graded position in the
same career progression may be the
level of supervision an employee
receives, or the increasing gradations in
the scope and effect of an employee’s
work on agency missions and programs,
or some other interpretative degree of
occupational difficulty and
responsibility. As a result, managers
who assign work and who are
responsible for describing such
assignments of work, and the position
classifiers who evaluate assignments of
work against OPM’s and applicable
agency classification criteria, often view
the practice attendant to the current GS
classification system as an exercise in
semantics, and PD writing, for the
purpose of ‘‘beating the system’’ to
award the highest grade possible to a
position, instead of as a management
tool by which to make meaningful and
significant distinctions between levels
of work.
The current GS classification system
also directly impacts the effectiveness of
agency recruitment activities. Recruiting
for a vacancy which may be filled at any
level from the entry level to the fullperformance level requires a separate
position description for each grade,
separate qualifications requirements for
each grade, separate applicant
assessment and rating tools (often
referred to as ‘‘crediting plans’’) for each
grade, and separate lists of bestqualified candidates (often referred to as
‘‘certificates’’) for each grade. For
example, recruiting for a single GS–5/12
Engineer vacancy requires five different
position descriptions (GS–5, GS–7, GS–
9, GS–11, and GS–12) and five different
‘‘crediting plans,’’ and will result in the
agency issuing multiple ‘‘certificates.’’
Thus, Federal managers and applicants
for Federal employment often view the
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system as cumbersome, time
consuming, and unresponsive.
Modifying the current system to
supplant sequential grade progression
with valid, rational, and credible pay
bands will (1) provide much needed
management relief from the seeming
arbitrariness, rigidity, and document
heaviness of the current classification
system, (2) provide managers with much
needed flexibility, and (3) offer
applicants and employees greater
opportunities for advancement and
inducements to retention, while
retaining the public policy principles
and management values underlying the
current civil service system.
A Need for Performance-Based Pay
Increases
Additionally, the current GS pay
system provides annual pay increases to
all employees, even those whose
performance is less than Fully
Successful. Similarly, periodic withingrade pay increases are virtually
automatic. Although an employee’s
performance must be determined to be
at an ‘‘acceptable level of competence’’
in order for the employee to receive a
within-grade increase (WGI), this is only
a single-level threshold and no further
distinctions in levels of performance
play a role. All performance levels
above the threshold are treated the same
for purposes of determining the amount
of the increase and the rate at which an
employee advances through the rate
range of his or her grade. NNSA and
OPM do not believe it is a wise use of
the limited resources available for the
compensation of Federal employees—
nor does it serve taxpayers effectively or
treat employees fairly—to pass on the
same pay adjustments, year after year, to
all employees regardless of differences
in their performance.
The current GS pay system does
provide one limited tool to address
distinctions in levels of performance—
namely, quality step increases (QSIs).
QSIs are discretionary adjustments that
are not integrated into the normal pay
adjustment process; thus, limited funds
are available to provide QSIs, and the
decision-making process may not be
very transparent. In addition, there is no
flexibility as to the amount of the QSI;
a full step increase is required. Also,
QSIs may be used only for those with
the highest rating of record. In
summary, QSIs alone cannot be relied
upon to establish an effective link
between pay and performance based on
meaningful distinctions among different
levels of performance.
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Under these constraints of the GS pay
system, agencies are severely limited in
their ability to establish a resultsoriented performance culture as
contemplated under the Human Capital
Assessment and Accountability
Framework (HCAAF). Within the
HCAAF, a results-oriented performance
culture effectively plans, monitors,
develops, rates, and rewards employee
performance, consistent with the merit
system principle that ‘‘appropriate
incentives and recognition should be
provided for excellence in performance’’
(5 U.S.C. 2301(b)(3)).
C. Changes Required/Expected Benefits
The proposed demonstration project
will respond to the GS classification
system problems identified above by
compressing the 15 GS grades into
multi-grade pay bands. Although this
‘‘compression’’ is neither designed nor
intended to eliminate the fundamental
statutory grading distinctions embedded
in the traditional position classification
system, it will considerably reduce the
excessive rigidity inherent in the
current system, making it substantially
less cumbersome, less labor intensive,
less time consuming, and easier to
comprehend and apply. Banding the GS
grade structure will also simplify merit
promotion activities, by permitting the
advancement of employees within given
bands without the necessity of
advertising promotional opportunities
(much like accretion-of-duties
procedures under the traditional
system), and without the need for
handling employee applications in
accordance with publicized merit
promotion procedures. Because a pay
banding system uses broader work
levels, the system can be viewed as
having more of a rank-in-person
emphasis; that is, it permits a more
direct relationship between an
incumbent’s actual (or anticipated)
individual level of job performance and
a given position’s particular level of
pay.
The proposed demonstration project
will respond to the pay problem
identified above by eliminating fixed
steps within each of the pay bands and
by making annual GS pay adjustments
performance-sensitive. Pay adjustments
will be funded from a pay pool
consisting of the amounts that would
otherwise be used to pay the annual GS
pay adjustment, WGIs, and QSIs to
employees covered by the
demonstration project. The pay pool
also may include funds saved through
the elimination of promotion increases
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for promotions between grades that are
consolidated into the same band. A
share mechanism will be used to
allocate pay increases among employees
with different levels of performance,
and managers will be expected to
control costs (and will be held
accountable for doing so in their own
performance plans). Implementation of
the proposed pay system will result in
larger pay increases going to employees
who demonstrate higher performance.
By regularly rewarding better
performance with better pay,
participating organizations will
strengthen their results-oriented
performance cultures. Among other
things, they will be better able to retain
their good performers and recruit new
ones.
D. Participating Organizations
It is expected that every major
headquarters and field organization in
NNSA will participate. This includes
HQ, program, and support components,
including NNSA’s cadre of nuclear
materials couriers, who are deployed at
various locations in the United States,
eight geographically dispersed Site
Offices and two special purpose Naval
Reactors Offices (in Pittsburgh, PA, and
Schenectady, NY), and the Service
Center in Albuquerque, NM. Each of
these units is committed to operating a
credible, robust performance appraisal
program aligned to the organization’s
strategic goals and objectives, by
providing the necessary training and
resources. These organizations have
demonstrated this commitment the past
three years, as NNSA implemented a
comprehensive performance
management program enterprise-wide.
E. Participating Employees
The demonstration project will cover
all GS non-bargaining unit employees in
the participating organizations
identified in the preceding paragraph.
(The only bargaining unit in NNSA is at
headquarters, and currently includes 20
positions.) Included in the coverage are
Schedule A and B Excepted Service
employees. Not included are Schedule C
Excepted Service employees and
Excepted Service employees authorized
under the NNSA Act, National Defense
Authorization Acts, and the DOE
Organization Act. Table 1 shows the
number of employees currently
available and subject to coverage under
this project by occupational series and
grade.
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TABLE 1.—COVERED EMPLOYEES BY OCCUPATIONAL SERIES AND GRADE
Pay Plan GS Grade
Count—OCC Series
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01
00018
00028
00080
00084
00086
00130
00132
00201
00203
00260
00301
00303
00318
00326
00335
00340
00341
00342
00343
00344
00346
00361
00391
00399
00401
00501
00505
00510
00511
00525
00560
00561
00610
00671
00690
00801
00802
00803
00804
00810
00819
00830
00840
00850
00854
00905
00950
00986
00999
01001
01035
01101
01102
01103
01105
01106
01150
01170
01176
01222
01301
01306
01310
01412
01515
01712
01750
01910
02003
02005
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VerDate Aug<31>2005
02
03
04
05
06
07
08
09
10
11
12
13
14
15
........
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........
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........
3
........
1
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3
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1
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9
........
4
........
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1
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10
........
3
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3
4
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1
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2
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12
13
1
1
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1
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1
........
2
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7
........
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23
9
........
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........
1
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1
1
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2
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1
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1
1
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........
57
1
........
........
........
2
........
........
6
6
........
........
........
........
........
........
2
........
1
........
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1
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1
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5
51
........
1
........
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........
20
........
5
........
........
........
........
........
4
........
........
........
........
........
........
........
........
........
........
........
2
........
2
........
........
........
2
........
........
1
........
1
1
........
........
........
........
........
........
........
........
1
2
1
2
........
........
1
........
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62
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1
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1
1
3
59
........
2
........
3
........
........
41
........
........
........
........
........
........
........
9
........
........
........
........
........
........
3
........
3
........
........
1
........
........
........
........
3
........
........
........
........
........
........
1
........
........
1
3
........
........
........
........
........
1
2
........
........
........
........
........
........
........
........
........
........
........
6
........
1
........
........
2
1
29
58
........
8
........
12
........
1
42
........
........
........
........
........
........
2
20
........
2
........
........
........
........
........
........
10
6
........
9
........
........
........
........
4
........
........
........
1
........
........
3
........
4
2
........
........
........
1
2
1
12
3
........
........
........
........
........
........
1
........
........
........
........
6
........
9
........
........
7
3
39
21
........
18
3
16
........
3
51
........
........
........
........
........
........
........
41
........
5
........
1
........
........
5
........
26
........
........
15
........
........
1
3
34
1
........
........
1
4
........
13
1
2
........
........
........
........
........
........
3
26
2
........
........
1
2
1
1
13
2
........
1
........
10
1
4
........
........
4
2
35
........
........
34
1
6
........
1
33
........
........
........
........
1
2
........
44
........
1
........
........
........
2
2
........
10
1
........
16
........
........
........
4
104
........
2
2
........
2
........
17
........
2
9
........
........
........
........
5
5
34
2
........
........
........
1
........
3
37
3
1
........
1
4
........
1
2
........
........
2
16
........
........
45
........
8
........
........
26
........
........
........
........
20
1
........
25
........
........
........
........
........
........
3
3
3
........
........
8
........
........
........
........
83
........
........
........
........
........
........
41
........
1
12
........
........
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1
1
12
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1
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1
27
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3
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16:08 Feb 27, 2007
Jkt 211001
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
E:\FR\FM\28FEN1.SGM
28FEN1
GS
total
14
9
128
308
5
108
4
45
9
5
213
69
37
10
1
21
3
2
144
2
8
1
1
1
2
13
3
52
7
2
52
1
3
1
7
228
3
2
2
3
6
1
76
1
9
24
3
1
2
1
8
12
87
10
3
1
1
5
1
5
78
5
4
1
1
26
1
16
2
1
9042
Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices
TABLE 1.—COVERED EMPLOYEES BY OCCUPATIONAL SERIES AND GRADE—Continued
Pay Plan GS Grade
Count—OCC Series
02
03
04
05
06
07
08
09
10
11
..............................
..............................
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........
........
........
........
........
........
........
........
........
........
........
........
........
2
........
........
........
........
........
........
........
1
1
1
1
6
........
2
9
18
1
15
1
14
........
6
........
3
2
24
11
44
Grand total ..............
4
4
14
13
8
30
50
77
104
63
145
260
410
467
353
2002
02010
02101
02130
02210
sroberts on PROD1PC70 with NOTICES
Management has provided initial
notice to affected employees and will
continue consultation throughout
project implementation.
F. Project Design
The project is designed to (1)
fundamentally simplify the position
classification system as the key to
improving recruitment, retention, and
classification activities, (2) ensure that
no participating employee with a rating
of record of less than Fully Meets
Expectations will receive a pay increase,
and (3) ensure that funds available for
pay adjustments will be allocated on the
basis of performance, the better
performers receiving the greater
performance payouts.
To ensure expeditious and effective
project implementation and completion,
NNSA will model, to the extent feasible
and appropriate, programmatic features
and operating systems and procedures
relating to NNSA’s own pay-banded,
pay-for-performance excepted service
system; in addition, NNSA will review
the successes, mistakes, and lessons
from the experiences of other agency
demonstration projects, notably the
current Department of Defense (DoD)
laboratory projects, which are based on
the foundational China Lake project; the
National Institute of Standards and
Technology permanent Alternative
Personnel System; and DoD’s new
National Security Personnel System
(one of the participating Air Force labs
shares Kirtland AFB with NNSA).
Several design principles will
underpin this project:
• NNSA will not establish its own
classification standards, but rather, will
construct band thresholds and
boundaries consistent with OPM’s
official classification criteria; at the
same time, NNSA will streamline
documentation requirements, including
by eliminating Factor Evaluation System
formatted PDs, with greater reliance on
the Primary Standard to set band
parameters.
• NNSA will not delegate
classification authority to managers.
NNSA understands that not delegating
classification authority runs counter to
VerDate Aug<31>2005
16:08 Feb 27, 2007
Jkt 211001
the experiences of other agency
demonstration projects. Nonetheless, it
is much more efficient to leave the
exercise of this authority and all
attendant administration activities in
the trained hands of the resident human
resources (HR) staff. NNSA sees little
value in turning managers into
classifiers, but rather, believes the value
is in preparing managers to become
better supervisors. NNSA’s pre-eminent
managerial goal is to develop a seasoned
cadre of Federal managers who can
practice the art of supervision at an
uncommonly high level (i.e., the
supervisor who is more mentor than
taskmaster, who can nurture
subordinates and unleash their potential
for superior performance through the
instruments of performance appraisal
and reward programs).
• NNSA will use the career paths
derived from this demonstration project
to underwrite our new concept of a
Management Needs-Based Career Path
Model to Employee Development and
Career Planning. This concept envisions
the use of career paths to acquire wellqualified candidates from the current
workforce to satisfy new and emerging
mission needs. It will use such
traditional mechanisms as in-service
placement, reassignment, retraining,
enrollment in formal development
programs, and mixtures of competitive
and noncompetitive procedures, to
prepare employees to move within and
across career paths in response to new
and emerging job requirements.
• NNSA will design this
demonstration project as a direct
complement to and manifestation of the
Administrator’s strong desire to create
NNSA as an employer of choice in the
Federal Government. The demonstration
project will give real definition,
direction, and impetus to the
Administrator’s concept, which centers
on the first-line supervisor as the
primary agent in developing a
management culture that attracts,
develops, and retains a diverse and
talented workforce.
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
12
13
14
15
GS
total
01
III. Personnel System Changes
The 15-grade GS position
classification system established under
5 U.S.C. chapter 51 and the GS pay
system established under 5 U.S.C.
chapter 53, subchapter III, will be
modified as described in the following
sections. Except as otherwise provided
in this plan, demonstration project
employees will be considered to be GS
employees in applying other laws,
regulations, and policies. NNSA does
not currently have employees covered
by law enforcement officer (LEO)
special base rates. Should any law
enforcement officers be covered by this
demonstration project in the future, they
will not be considered to be General
Schedule employees for the purposes of
applying LEO special base rates
authorized by section 403 of the Federal
Employees Pay Comparability Act of
1990; a separate career path would be
established for these employees, and
band ranges for any such LEOs will take
LEO special base rates into account.
A. Pay Banding Classification and Pay
System
1. Establishment of Career Paths and
Pay Bands
NNSA may establish, and adjust over
time, career paths that group one or
more occupational categories together
and provide a common banding
structure (i.e., set of work levels and rate
ranges) for occupations within a given
career path. Initially, NNSA intends to
establish four career paths as follows:
(1) Professional, Engineering and
Scientific: Research, policy, staff, and
managerial positions in science,
engineering, computing, mathematics
and other positions the duties of which
include the performance of professional
work. Examples of occupational series
in this career path are 510—Accountant,
801—General Engineer, 840—Nuclear
Engineer, 905—Attorney, 1102—
Contract Specialist, 1301—Physical
Scientist, and similar traditional twograde interval GS occupations whose
qualifications requirements include a
minimum education requirement.
E:\FR\FM\28FEN1.SGM
28FEN1
Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
(2) Administrative: Specialist
positions in such fields as finance,
human resources, public affairs,
technical information, and management
analysis. Examples of occupational
series in this career path are 080—
Security Specialist, 201—Human
Resources Specialist, 340—Program
Manager, 341—Administrative Officer,
343—Management/Program Analyst,
560—Budget Analyst, 1035—Public
Affairs Specialist, 2101—Transportation
Specialist, and similar traditional twograde interval GS occupations whose
qualifications requirements do not
include a minimum education
requirement.
(3) Technician and Administrative
Support: Engineering Technician,
clerical, assistant, secretarial, and other
support positions not fitting the
definitions of any other career path.
Examples of occupational series in this
career path are 203—Human Resources
Clerk and Assistant, 303—General
Clerk, 318—Secretary, 525—Accounting
Technician, 802—Engineering
Technician, 1106—Procurement Clerk/
Assistant, and similar traditional onegrade interval technician and
administrative support occupations not
fitting the definitions of any other career
path.
(4) Nuclear Materials Couriers: NNSA
employs approximately 400 Nuclear
Materials Couriers, GS–084, who have a
unique set of duties and skills,
supporting a separate career path, and
who have an unusual single-grade
interval pattern from GS–8 through GS–
13. All positions in the 084
occupational series are encompassed in
this career path. Positions of employees
who work in the same organizations,
doing related work, but that are not
classified in the 084 job series, will be
allocated to one of the other three career
paths, as appropriate to the nature of the
work performed.
Each career path will be subdivided
into pay bands. Each pay band will
correspond to one or more GS grades.
NNSA may establish, and adjust over
time, a career path’s pay band structure.
Initially, the pay bands within each
career path and their relationship to GS
grades will be as follows:
(1) Professional, Engineering and
Scientific Career Path
(a) Pay Band I—(GS–5 through GS–7)
(b) Pay Band II—(GS–9 through GS–12)
(c) Pay Band III—(GS–13 through GS–
14)
(d) Pay Band IV—(GS–15)
(2) Administrative Career Path
(a) Pay Band I—(GS–5 through GS–8)
(b) Pay Band II—(GS–9 through GS–12)
VerDate Aug<31>2005
16:08 Feb 27, 2007
Jkt 211001
(c) Pay Band III—(GS–13)
(d) Pay Band IV—(GS–14)
(e) Pay Band V—(GS–15)
Positions in the Professional,
Engineering and Scientific and
Administrative career paths will
normally be filled at Pay Band II or
higher. Pay Band I for the Professional,
Engineering, and Scientific and
Administrative career paths is used
primarily, but not exclusively, for basic
entry-level appointments, upward
mobility, and Student Career
Employment Program appointees.
(3) Technician and Administrative
Support Career Path
(a) Pay Band I—(GS–1 through GS–4)
(b) Pay Band II—(GS–5 through GS–8)
(c) Pay Band III—(GS–9)
(4) Nuclear Materials Courier Career
Path
(a) Pay Band I—(GS–8 through GS–11)
(b) Pay Band II—(GS–12) (‘‘Convoy
Commander’’ positions only)
(c) Pay Band III—(GS–13) (‘‘Unit
Commander’’ positions only)
NNSA will coordinate changes in
career paths or pay banding structures
with OPM. After coordination with
OPM, NNSA will give affected
employees advance notice and an
opportunity to comment before effecting
a change with respect to career paths or
banding structure.
2. Position Classification
Application of the 15-grade GS
position classification system
established under 5 U.S.C. chapter 51
will be simplified by allowing a position
to be assigned to a specific pay band if
the duties and responsibilities of the
position meet (or exceed) the
requirements for classification into the
lowest grade included in that specific
pay band. For example, an 801,
Engineer, position assigned to Pay Band
1 (GS–5 through GS–7), need only meet
the requirements for classification at the
GS–5 level. Position descriptions will
include examples of higher-level duties
and responsibilities to which employees
are fully intended to progress. NNSA
will establish pay band boundaries
consistent with OPM’s existing position
classification standards, gradeevaluation criteria, and grading
practices.
3. Minimum Qualifications
Requirements
Application of the OPM Operating
Manual: Qualification Standards for
General Schedule Positions is simplified
by allowing a candidate to qualify for a
specific pay band if the candidate meets
(or exceeds) the requirements for the
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
9043
lowest grade included in that specific
pay band. For example, a candidate for
an 801 Engineer position assigned to
Pay Band 1 (GS–5 through GS–7), need
only meet the qualifications
requirements for a GS–801 Engineer
position at the GS–5 level.
For NNSA demonstration project
employees and employees of other
Federal agencies who are in sufficiently
similar pay banding systems, the
common OPM requirement of one year
of experience ‘‘at the next lower grade
in the normal line of progression for the
occupation’’ is changed to ‘‘at the next
lower pay band in the normal line of
progression for the occupation.’’
Federal employees in the General
Schedule pay system, Federal
employees in other pay systems
comparable to the General Schedule,
and non-Federal applicants must meet
the common OPM requirement of one
year of experience ‘‘at the next lower
grade in the normal line of progression
for the occupation.’’
4. Elimination of Fixed Steps
The 10 fixed steps of each GS grade
will not apply to employees
participating in the demonstration
project. The fixed-step system was
designed to reward longevity. A pay
banding system is an important element
of any effort to make pay more
performance-sensitive. No employee
will lose pay as a result of becoming
covered by the demonstration project.
However, demonstration project
employees will no longer receive
longevity-based within-grade pay
increases at prescribed intervals.
Instead, they will be granted annual
performance adjustments as described
in section C below.
5. Rate Range
The normal minimum and maximum
rates of the rate range for each pay band
will equal the applicable step 1 rate and
step 10 rate, respectively, for the lowest
and highest grades, respectively, in the
General Schedule that are included in
the pay band. The minimum rate of the
pay band is extended 5 percent below
the normal minimum for employees
with a rating of record below Fully
Meets Expectations. Such an employee’s
rate may fall below the normal pay band
minimum when that minimum
increases as a result of a pay band
adjustment, but the employee cannot
receive a pay adjustment because the
employee’s rating of record is below
Fully Meets Expectations, as described
in section C.4.
The maximum rate of each pay band
is extended 5 percent above the normal
maximum for all employees with a
E:\FR\FM\28FEN1.SGM
28FEN1
9044
Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices
rating of record at the highest level
(currently called ‘‘Significantly Exceeds
Expectations’’ in NNSA). This feature
will help ensure that the range of
available pay rates will be adequate to
recognize truly outstanding
performance. If an employee within this
rate extension receives a rating of record
below the highest level, the employee’s
rate may not be increased except as
necessary to prevent the rate of an
employee with a rating of record of
Fully Meets Expectations or higher from
falling below the normal pay band
maximum due to a rate range
adjustment.
sroberts on PROD1PC70 with NOTICES
6. Rate of Basic Pay Upon Initial
Appointment
Upon appointment to a demonstration
project position under Delegated
Examining, Direct-Hire Authorization,
or other authority primarily designed for
initial entry into the Federal service
(e.g., Veterans Employment Opportunity
Act, 30% Disabled Veteran
Appointment), an appointee’s pay rate
may be set at any rate within the normal
pay band range. In exercising this
flexibility, NNSA will consider the
appointee’s qualifications, competing
job offers, NNSA’s need for the
appointee’s talents, the appointee’s
potential contributions to NNSA
mission accomplishment, and the rates
received by on-board employees. This
flexibility will allow NNSA to compete
more effectively with private industry
for the best talent available, though
managers will be expected to use this
flexibility with great judiciousness and
prudence.
7. Rate of Basic Pay Upon Promotion
Upon promotion to a higher pay band,
an appointee’s pay rate generally will be
set at a rate within the normal pay band
range to which the appointee is being
promoted that provides a pay increase
of 8 percent, unless a greater increase is
necessary to set pay at the normal range
minimum. NNSA may establish
exceptions to this policy to deal with
employees receiving a retained rate,
employees who are re-promoted shortly
after a demotion, employees with
exceptional performance warranting a
larger increase with higher management
approval, etc. In exercising this
flexibility, NNSA will consider the
appointee’s qualifications, competing
job offers, NNSA’s need for the
appointee’s talents, and the appointee’s
potential contributions to NNSA
mission accomplishment. A pay band in
a different career path will be
considered to be a higher pay band (i.e.,
a promotion) under policies prescribed
by NNSA. NNSA may adopt policies
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providing a promotion-equivalent
increase to a Federal employee outside
the demonstration project who is
selected, through merit promotion
procedures, to fill a higher-level
position (as defined in NNSA policies)
covered by the demonstration project.
NNSA may establish special rules for
computing the promotion increase for
promotions involving positions covered
by a staffing supplement that take into
account the staffing supplement and
locality pay, subject to guidance
provided by OPM.
8. Rate of Basic Pay in Noncompetitive
Lateral Actions
Upon non-competitive lateral
movement (e.g., via transfer or
reassignment) to a demonstration
project position from another Federal
position, an employee’s pay rate will be
set at an amount that is equal to the
employee’s current pay rate. For such an
employee moving from a position
outside the demonstration project,
NNSA may provide an immediate
increase in the rate of basic pay to
reflect the prorated value of the
employee’s next scheduled within-grade
increase under the former pay system,
consistent with the requirements in
section V.A.
9. Other Pay Administration Provisions
Performance-based pay adjustments
described in section C will be made to
the rate of basic pay. These adjustments
are scheduled to be made on the same
date that annual rate range adjustments
normally take effect—i.e., the first day
of the first pay period beginning on or
after January 1.
Locality-based comparability
payments under 5 U.S.C. 5304 will be
paid on top of the rate of basic pay in
the same manner as those payments
apply to other GS employees. Staffing
supplements may apply as described in
section III.A.10.
Subject to guidance provided by
OPM, NNSA will establish final pay
administration rules for determining an
employee’s rate of pay upon initial
appointment, promotion, demotion,
transfer, reassignment, or other position
change, as needed. In addressing
geographic conversions and
simultaneous pay actions, such rules
must be consistent with 5 CFR 531.205
and 5 CFR 531.206, respectively.
The grade retention provisions in 5
U.S.C. 5362 and 5 CFR part 536 are not
applicable (i.e., no band retention). The
pay retention rules in 5 U.S.C. 5363 and
5 CFR part 536 continue to apply to
demonstration project employees,
except that an employee with a rating of
record below Fully Meets Expectations
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may not receive an increase in his or her
retained rate under 5 U.S.C.
5363(b)(2)(B). If such an employee’s
retained rate falls below the applicable
pay band adjusted maximum rate
(including any applicable locality
payment or staffing supplement), pay
retention ceases and the rate is
converted to an equal within-pay band
rate (i.e., the rate is not set at the range
maximum).
When applicable, the saved pay rules
in 5 U.S.C. 3594 and 5 CFR 359.705 for
former members of the Senior Executive
Service continue to apply to
demonstration project employees,
except that an employee with a rating of
record below Fully Meets Expectations
may not receive an increase in his or her
saved rate under 5 U.S.C. 3594(c)(2). If
such an employee’s retained rate falls
below the applicable range adjusted
maximum rate, pay retention ceases and
the rate is converted to an equal withinrange rate (i.e., the rate is not set at the
range maximum).
An employee’s rate of basic pay may
not exceed the normal maximum rate
for the employee’s band unless the
employee is receiving a retained rate
under 5 U.S.C. 5363 or a saved rate
under 5 U.S.C. 3594 or is entitled to a
rate within the upper range extension,
as provided under section III.A.5. An
employee’s rate of basic pay may not be
below the normal minimum rate for the
employee’s grade unless the employee’s
most recent rating of record is below
Fully Meets Expectations.
NNSA may adopt supplemental pay
administration policies governing
matters not specifically addressed in
this plan, subject to any OPM guidance.
10. Staffing Supplements
An employee who is assigned to an
occupational series and geographic area
covered by an OPM-established special
rates schedule, and who meets any other
applicable coverage requirements, will
be entitled to a staffing supplement if
the maximum adjusted rate for a
covered position in the GS grades
corresponding to the employee’s band is
a special rate that exceeds the
applicable maximum GS locality rate.
The staffing supplement is added on top
of the rate of basic pay in the same
manner as locality pay. An employee
will receive the higher of the applicable
locality payment or staffing supplement.
For employees being converted into
the demonstration project, the
employee’s total pay immediately after
conversion will be the same as
immediately before, but a portion of the
total will be in the form of a staffing
supplement. Adverse action and pay
retention provisions will not apply to
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the conversion process as there will be
no change in the total salary rate. The
staffing supplement is calculated as
described below.
Upon conversion, the demonstration
base rate will be established by dividing
the employee’s former GS adjusted rate
(the higher of special rate or locality
rate) by the staffing factor. The staffing
factor will be determined by dividing
the maximum special rate for the
banded grades by the GS base rate
corresponding to that special rate (step
10 GS base rate for the same grade as the
special rate). The employee’s
demonstration staffing supplement is
derived by multiplying the
demonstration base rate by the staffing
factor minus one. Therefore, the
employee’s final demonstration special
staffing rate equals the demonstration
base rate plus the special staffing
supplement; this amount will equal the
employee’s former GS adjusted rate.
Simplified, the formula is this:
Staffing factor = (Maximum special rate
for banded grades) / (GS base rate
corresponding to that special rate)
Demonstration base rate = (Former GS
adjusted rate [special or locality rate])
/ (Staffing factor)
Staffing supplement = demonstration
base rate × (staffing factor ¥ 1)
Salary upon conversion =
demonstration base rate + staffing
supplement [sum will equal existing
rate]
If a special rate employee is converted
to a band where the maximum GS
adjusted rate for the banded grades is a
locality rate, when the employee is
converted into the demonstration
project, the demonstration base rate is
derived by dividing the employee’s
former special rate by the applicable
locality pay factor (for example, in the
Washington-Baltimore area, the locality
pay factor is 1.175 in 2006). The
employee’s demonstration localityadjusted rate will equal the employee’s
former GS adjusted rate.
Any General Schedule or special rate
schedule adjustment will require
recomputation of the staffing
supplement. Employees receiving a
staffing supplement remain entitled to
an underlying locality rate, which may
over time supersede the need for a
staffing supplement. If OPM
discontinues or decreases a special rate
schedule, pay retention provisions will
be applied, as appropriate. Upon
geographic movement, an employee
who receives the special staffing
supplement will have the supplement
recomputed; any resulting reduction in
the supplement will not be considered
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an adverse action or a basis for pay
retention.
Established salary including the
staffing supplement will be considered
basic pay for the same purposes as a
special rate under 5 CFR 530.308—e.g.,
for purposes of retirement, life
insurance, premium pay, severance pay,
and advances in pay. It will also be used
to compute worker’s compensation
payments and lump-sum payments for
accrued and accumulated annual leave.
Staffing supplement adjusted rates are
subject to the Executive Schedule level
IV cap that applies to GS locality rates
and special rates.
B. Performance Appraisal
NNSA recognizes the importance of
maintaining highly credible
performance management systems.
NNSA will use a performance
management program under the
Department of Energy appraisal system
that has been approved by OPM
consistent with chapter 43 of title 5,
United States Code. Throughout the
duration of the demonstration project,
the effectiveness of performance
management within the project will be
monitored by examining metrics and
assessments that will be included in the
demonstration project evaluation plan.
1. Program Requirements
The NNSA performance appraisal
program requires written performance
plans for each covered employee
containing the employee’s performance
elements and standards. The
performance plan links the performance
elements and standards for individual
employees to the organization’s strategic
goals and objectives. Ongoing feedback
and dialogue between employees and
their supervisors regarding performance
is required. In addition, the program
provides for, at a minimum, one midyear progress review.
The NNSA appraisal program,
including its performance levels and
standards, provides for making
meaningful distinctions in performance.
The program currently uses a four-level
rating pattern to both summarize
performance and to appraise
performance at the element level. Its
summary level pattern under 5 CFR
430.208(d) uses Levels 1, 2, 3, and 5,
which NNSA has labeled Does Not Meet
Expectations, Needs Improvement,
Fully Meets Expectations, and
Significantly Exceeds Expectations,
respectively. Employees must be
covered by their performance plan for at
least 90 days before they can be
assigned a rating of record. Supervisors
and managers apply the appraisal
program in a way that makes
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9045
appropriate differentiations in
performance. These differentiations
reflect overall organizational
performance. Employees receive a
written performance appraisal (i.e., a
rating of record) annually. Forced
distributions of ratings are prohibited.
Each annual appraisal period will begin
on October 1 and end on the following
September 30. Performance appraisals
will be completed in a timely manner to
support pay decisions in accordance
with section C.
Additional guidance on the NNSA
performance appraisal program is
provided through internal operations
manuals. Performance appraisal is an
evolutionary process, and changes may
be made during the course of the
demonstration project based on findings
from our ongoing evaluations and
reviews. Any changes will be
communicated to affected employees,
and they will be given a chance to
comment before NNSA implements the
changes.
2. Supervisory Accountability
Supervisors are responsible for
providing appropriate consequences for
employee performance by addressing
poor performance and recognizing
exceptional performance. The
performance plans for supervisors and
managers include the degree to which
supervisors and managers plan, assess,
monitor, develop, correct, rate, and
reward subordinate employees’
performance. It is recognized that
specific training must be provided to
prepare supervisors and managers to
exercise these responsibilities. NNSA
has provided supervisory training each
of the past three years on philosophical
and procedural aspects of its new and
still evolving performance management
program (i.e., the lessons learned in the
administration of each performance
appraisal cycle have resulted in
refinements each subsequent year).
NNSA understands that this
demonstration project will heighten the
need for continuing supervisory training
to support the accurate and realistic
appraisal of performance.
3. Reconsideration of Ratings
To support fairness and transparency
for the program and its consequences,
employees have an opportunity to
request reconsideration of a rating of
record by a management official other
than the rating official. Such
reconsiderations must be initiated no
more than 15 days after the official
rating of record is assigned, consistent
with the applicable administrative
grievance policy. If the reconsideration
of the appraisal results in a different
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rating of record, the revised rating of
record will become the basis for the
employee’s pay adjustment(s) in
accordance with section C. If the
adjustment occurs after all pay
deliberations have been finalized, it
does not result in a recalculation of
other employees’ pay adjustments.
C. Performance-Based Pay Adjustments
1. Pay Pools
Participating employees whose most
recent rating of record is below Fully
Meets Expectations will not receive an
annual across-the-board increase as do
GS employees. Funds that otherwise
would be spent on the across-the-board
GS pay adjustment, WGIs, and QSIs for
demonstration project employees will
instead be placed into a pay pool, which
will be used to fund annual
performance-based pay increases for
those employees. The pay pool also may
include funds saved through the
elimination of promotion increases for
promotions between grades that are
consolidated into the same band. A
share mechanism will be used (1) to
ensure that employees with higher
ratings of record receive greater pay
increases than employees with
relatively lower ratings of record and (2)
to control costs without resorting to a
forced distribution of ratings. Each
employee will be assigned a certain
number of shares, based on his or her
rating of record in accordance with
section C.2. All employees in the
normal band rate range whose rating of
record is at least Fully Meets
Expectations will receive an adjustment
equal to at least the amount of the
annual GS base pay comparability
increase under 5 U.S.C. 5303.
Participating organizations will
establish pay pools for allocating
performance pay increases. NNSA will
determine which participating
employees are covered by any pay pool
and determine the dollar value of each
pay pool. In setting the value of pay
pools, NNSA will initially allocate an
amount for performance pay increases
equal to the estimated value of the
WGIs, QSIs, and annual GS pay
adjustments that otherwise would have
been paid to participating employees. In
computing the estimated value of WGIs
and QSIs, NNSA may use
Governmentwide averages.
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2. Performance Shares
NNSA will establish rating/share
patterns for each pay pool—that is, the
relationship between a rating of record
and a single number of shares. NNSA
rating/share patterns will ensure that a
higher rating of record receives a higher
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performance payout percentage for
employees in the normal rate range.
NNSA may adjust rating/share
patterns over time after coordination
with OPM, and after giving affected
employees advance notice. A change in
the rating/share pattern may be applied
in computing performance-based pay
adjustments based on an appraisal
period only if it takes effect at least 120
days before the end of that appraisal
period. Initially, the number of shares
for each rating level will be as follows:
3 shares are assigned to the Significantly
Exceeds Expectations rating, 2 shares to
the Fully Meets Expectations rating, and
1 share to the Fully Meets Expectations
rating when the employee receives a
rating of Needs Improvement in a
critical element but the Final Summary
Rating is Fully Meets Expectations.
No shares may be assigned to any
rating of record below Fully Meets
Expectations, since no pay increase is
payable to employees with such a rating
of record. After the ratings of record and
shares are assigned to employees, the
value of a single share can be calculated.
In addition to performance-based pay
increases, demonstration project
employees remain eligible to receive
both monetary and non-monetary forms
of recognition, so long as employees are
not rewarded twice for the same
contributions using incentive awards
authorities under Chapter 45 of title 5.
NNSA will adopt supplemental award
administration policies not specifically
covered by this plan.
3. Pay Adjustments
In general: NNSA will determine the
value of one performance share,
expressed as a percentage of the
employee’s rate of basic pay, based on
the value of the pay pool and the
distribution of shares among pay pool
employees. An individual employee’s
performance payout is determined by
multiplying the determined percentage
value of a performance share by the
number of shares assigned to the
employee. The performance payout is
computed as a percentage of the
employee’s rate of base pay as in effect
on the date determined in NNSA
policies. On the first day of the first pay
period beginning on or after January 1
of each year, this amount must be paid
as an increase in the employee’s rate of
basic pay, but only to the extent that it
does not cause the employee’s rate to
exceed the applicable maximum of the
employee’s rate range. Notwithstanding
the preceding sentence, employees in
the upper band extension rated below
the highest rating level are subject to
special rules as described in section
III.A.5. Any portion of an employee’s
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performance pay increase amount that
cannot be delivered as a basic pay
increase will be paid out as a lump sum
(with no charge to the pay pool). Such
a lump-sum payment is not basic pay
for any purpose and is not a cash award
under chapter 45 of title 5, United States
Code.
An employee with a rating of record
of Fully Meets Expectations or higher
may not receive a performance payout
that is less than the percentage value of
any simultaneous rate range adjustment,
except for (1) an employee receiving a
retained rate and (2) an employee in the
upper band extension with a rating of
record below Significantly Exceeds
Expectations (as provided in section
III.A.5). This guaranteed amount will be
used in place of any lower performance
payout resulting from the share
methodology. Any additional costs of
using the guaranteed amount will be
funded outside the pay pool. Otherwise,
the guaranteed amount is applied in the
same manner as the regular performance
payout.
An employee who does not have a
rating of record for the appraisal period
most recently completed will be treated
the same as employees in the same pay
pool who received the modal rating for
that period, subject to NNSA proration
policies.
NNSA may establish policies on
prorating the performance pay increases
and/or lump-sum payments for an
employee who, during the period
between annual pay adjustments, was
(1) hired or promoted, (2) in leavewithout-pay status, (3) on a part-time
work schedule, or (4) in other
circumstances that make proration
appropriate.
If an employee’s rating of record that
is the basis for a performance payout is
retroactively revised (after the regular
effective date of performance payouts)
through a reconsideration or grievance
process, the employee’s performance
payout must be retroactively
recomputed using the share value as
originally determined. Any such
retroactive corrections are not funded
out of the pay pool and do not affect the
performance payouts provided to other
employees in the pay pool. In setting the
size of a future pay pool, management
will take into account past and
projected corrections.
Special provisions for employees
returning to duty after a period of
service in the uniformed services or in
receipt of workers’ compensation
benefits: Special pay-setting provisions
apply to employees who do not have a
rating of record to support a pay
adjustment but who are returning to
duty status after a period of leave
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without pay or separation during which
the employee (1) was serving in the
uniformed services (as defined in 38
U.S.C. 4303 and 5 CFR 353.102) with
legal restoration rights (e.g., 38 U.S.C.
4316), or (2) was receiving workers’
compensation benefits under 5 U.S.C.
chapter 81, subchapter I. In these cases,
NNSA will determine the employee’s
prospective rate of basic pay upon
return to duty by making performance
pay adjustments for the intervening
period based on the modal rating of
record for employees in the same pay
pool. The performance pay increases
during the intervening period may not
be prorated based on periods covered by
this provision. In addition, a
performance pay increase that is
effective after the employee’s return to
duty may not be prorated based on
periods covered by this provision. A
lump-sum payment for a period
including actual service performed after
the employee’s return to duty must be
prorated (based on service covered by
this provision) under the same agency
proration policies that apply generally
to periods of leave without pay.
Special provision for employees
receiving a retained rate: An employee
receiving a retained rate under 5 U.S.C.
5363 or 5 U.S.C. 3594 is not eligible for
a basic pay increase except in
conjunction with a rate range
adjustment. For a retained rate
employee whose rating of record is
Fully Meets Expectations or higher, the
retained rate must be adjusted
consistent with the normal pay
retention rules (5 CFR part 536, subpart
C, or 5 CFR 359.705, as applicable)—i.e.,
50 percent of an increase in the
applicable maximum rate of the grade,
but if the resulting rate would fall below
the new range maximum, the
employee’s rate of basic pay must be set
at the range maximum. A retained rate
employee whose rating of record is
below Fully Meets Expectations may not
receive an increase in basic pay. At the
discretion of the Administrator or the
Administrator’s designee, a retained rate
employee may receive the same lumpsum payment approved for an employee
in the same pay pool who is at the
applicable range maximum and who has
the same performance rating of record
and number of shares.
4. Employees Who Do Not Receive a Pay
Adjustment
Employees with a rating of record
below Fully Meets Expectations are
prohibited from receiving a pay
increase, except if necessary to prevent
an employee’s rate from falling more
than 5 percent below the normal range
minimum. When an employee does not
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receive a pay increase because of
performance below Fully Meets
Expectations, his or her pay rate may
fall below the normal minimum rate of
the pay band, since that range minimum
may be increasing. However, in no case
may an employee’s rate of basic pay be
reduced more than 5 percent below the
normal range minimum. In other words,
the minimum of the band is extended by
5 percent for employees rated below
Fully Meets Expectations.
If NNSA chooses to give such an
employee a new rating of record of Fully
Meets Expectations or higher before the
end of the current appraisal period, the
employee is entitled to an increase
effective on the first day of the first pay
period beginning on or after the date the
new rating of record is final. The
increase must be the same dollar
amount as the increase the employee
would have received if he or she had
been rated Fully Meets Expectations at
the time the increase was initially
denied.
Each employee who does not receive
an increase in basic pay because his or
her performance is less than Fully Meets
Expectations will be entitled to be
notified promptly in writing of that fact.
At the same time, the employee must be
informed in writing of the right to
request that the agency reconsider its
determination, under the same
procedures prescribed by OPM
regarding the determination not to
provide a within-grade increase under 5
U.S.C. 5335(c). The Merit Systems
Protection Board will process any
appeals under this section in the same
manner that it processes appeals under
5 U.S.C. 5335(c).
5. Locality Pay and Staffing Supplement
When a locality-based comparability
payment established under 5 U.S.C.
5304 is increased, a demonstration
project employee whose most recent
rating of record is below Fully Meets
Expectations is entitled to the increased
locality payment, but his or her
underlying rate of basic pay will be
reduced in a manner that ensures the
employee’s total rate of pay does not
increase. This reduction is necessary to
ensure, in an administratively feasible
way, that an employee rated below
Fully Meets Expectations will not
receive a pay increase; it does not
constitute a reduction in pay for
purposes of applying the adverse action
procedures in chapter 75 of title 5,
United States Code. (Exception: An
employee’s rate of basic pay may not be
reduced under this paragraph to the
extent that the reduction would cause
an employee’s rate to fall more than 5
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9047
percent below the normal range
minimum.)
Similarly, when a staffing supplement
is increased, a demonstration project
employee whose rating of record is
below Fully Meets Expectations is
entitled to the increased supplement,
but his or her underlying rate of basic
pay will be reduced in a manner that
ensures the employee’s total rate of pay
does not increase.
D. Reduction-in-Force
1. If, during the life of the
demonstration project, NNSA enters
into a reduction-in-force (RIF), the RIF
will be conducted in accordance with 5
U.S.C. 1302, 3502, and 3508 and 5 CFR
part 351, except as follows:
(a) Each of the four career paths in
each NNSA local commuting area will
constitute separate competitive areas
(i.e., separate from the other career
paths, and separate from the
competitive areas of other NNSA
employees);
(b) NNSA will establish competitive
levels consisting of all positions in a
competitive area which are in the same
pay band and classification series, and
which are similar enough in duties,
qualification requirements, pay
schedules, and working conditions so
that the incumbent of one position may
be reassigned to any of the other
positions in the level without undue
interruption. Each demonstration
project competitive level will become a
Retention List for purposes of
competition when employees are
released from their competitive levels,
displaced by higher-standing
employees, or placed during the
exercise of assignment rights.
(c) Assignment rights will be modified
by substituting ‘‘one pay band’’ for
‘‘three grades’’ and ‘‘two pay bands’’ for
‘‘five grades.’’
(d) NNSA will use retention standing
when it chooses to offer vacant
positions within the meaning of 5 CFR
351.704.
2. Prior to conducting a RIF, NNSA
will issue and implement a policy for
the establishment and operation of an
agency-level reemployment priority list
(RPL) designed to assist current NNSA
competitive service demonstration
project employees who will be
separated as a result of a RIF and,
subsequently, former NNSA competitive
service demonstration project
employees who have been separated as
a result of a RIF, or who have fully
recovered from a compensable injury
after more than one year, in their efforts
to be reemployed at NNSA, by affording
them priority consideration over certain
outside job applicants for NNSA
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competitive service demonstration
project vacancies.
NNSA will develop and adopt
supplemental RIF administration
procedures to augment the RIF policies
stipulated by this plan.
IV. Training
As NNSA has learned during the past
three years of implementing and
refining a new performance
management program, training for all
involved will be essential to the success
of the demonstration project. Training
will be provided to employees,
supervisors, and managers before the
project is launched and throughout the
life of the project. It is important that
employees perceive the performance
management program as fair and
transparent; therefore, supervisors and
managers will be trained extensively in
setting and communicating performance
expectations; monitoring performance
and providing timely feedback;
developing employee performance and
addressing poor performance; rating
employees’ performance based on
expectations; and involving employees
in the development and implementation
of the performance appraisal program.
Supervisors and managers will be held
accountable for the effective
management of the performance of
employees they supervise through
performance expectations set for and
appraisals made of their own
performance in this regard.
All employees will be trained in the
performance appraisal process and the
pay adjustment mechanism. Various
types of training are being considered,
including videos, on-line tutorials, and
train-the-trainer concepts.
V. Conversion
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A. Conversion to the Demonstration
Project
1. Employees whose positions become
covered by the demonstration project
will convert into the career path and
pay band covering the occupational
series and grade of their position of
record. Employees will convert to the
demonstration project with no change in
their total rate of pay (including basic
pay, plus any applicable locality
payment, special rate supplement, or
staffing supplement). Special
conversion rules apply to special rate
employees as described in section
III.A.10, Staffing Supplements. Any
simultaneous pay action that is
scheduled to take effect under the GS
pay system on the date of conversion
must be processed before processing the
conversion to the pay banding system.
NNSA implementing policies will
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provide procedures for converting an
employee on grade retention under 5
U.S.C. 5362 or receiving a retained rate
under 5 U.S.C. 5363 or a saved rate
under 5 U.S.C. 3594 to the
demonstration project.
2. Immediately after conversion,
eligible employees will receive an
increase in basic pay reflecting the
prorated value of the next scheduled
within-grade increase (WGI). The
prorated value is determined by
calculating the portion of the time-instep employees have completed towards
the waiting period for their next WGI.
This WGI ‘‘buy-in’’ adjustment will not
be paid to (1) employees who are at the
step 10 rate for their grade immediately
before conversion to the demonstration
project, (2) employees who are receiving
a retained rate of pay under 5 U.S.C.
5363 or saved rate under 5 U.S.C. 3594
immediately before conversion to the
demonstration project, or (3) employees
whose rating of record is below Fully
Meets Expectations.
3. Adverse action provisions under 5
U.S.C. chapter 75, subchapter II, do not
apply to reductions in pay upon
conversion into the demonstration
project as long as the employee’s total
rate of pay (including basic pay, plus
any applicable locality payment, special
rate supplement, or staffing supplement)
is not reduced upon conversion.
4. The first performance-based pay
increase under the project’s pay
adjustment mechanism will be effective
on the first day of the first pay period
beginning on or after January 1, 2008.
5. For employees who enter the
demonstration project by lateral
reassignment or transfer (i.e., not by
conversion of position), NNSA may
apply parallel pay conversion rules,
including rules for providing a prorated
adjustment reflecting time accrued
toward a GS within-grade increase or
similar within-range adjustment under
another pay system. If conversion into
the demonstration project is
accompanied by a geographic move, the
employee’s pay entitlements under the
former pay system in the new
geographic area must be determined
before performing the pay conversion.
B. Conversion to the General Schedule
System
NNSA implementing policies will
provide procedures for converting an
employee’s pay band and pay rate to a
GS-equivalent grade and rate of pay if
the employee moves out of the
demonstration project to a GS position.
The converted GS-equivalent grade and
rate of pay will be determined before
any geographic move, promotion, or
other simultaneous action that occurs
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Sfmt 4703
simultaneously with conversion back to
the GS system. The new employing
organization must use the converted GSequivalent grade and rate of pay in
applying various pay administration
rules that govern how pay is set in the
GS position (e.g., rules for promotion
and highest previous rate under 5 CFR
part 531, subpart B, and grade and pay
retention under 5 CFR part 536). The
converted GS grade and rate of pay are
deemed to have been in effect at the
time the employee left the
demonstration project pay banding
system. The rules for determining the
converted GS grade for pay
administration purposes do not apply to
the determination of an employee’s GSequivalent grade for other purposes,
such as reduction-in-force or adverse
action. NNSA will perform the
computations for employees who
remain within NNSA and DOE. NNSA
may perform the computations, as a
courtesy, for employees who move to
other Federal agencies. At a minimum,
NNSA will provide a copy of the
conversion procedures to gaining
Federal agencies for their use. If an
employee moves out of the
demonstration project to a non-GS
system, the employee’s pay will be set
under the pay-setting rules governing
that system.
VI. Project Duration
The initial implementation period for
the demonstration project will be 5
years. However, with OPM’s
concurrence, the project may be
extended, modified, or terminated on or
before the expiration of the five-year
period.
VII. Project Evaluation
Chapter 47 of title 5, United States
Code, requires an evaluation of the
results of the demonstration project.
NNSA, in coordination with OPM, will
develop a plan to evaluate the
demonstration project to determine the
extent to which the pay increases paid
to participating employees reflect
meaningful distinctions among their
levels of performance and the extent to
which the project is achieving its other
stated goals. Workforce data will be
analyzed to make this assessment and to
determine whether the project is
resulting in any adverse impact on
particular groups of employees. Key
indicators, including leadership
commitment, communication,
stakeholder involvement, training,
planning, mission alignment, and the
rewarding of performance, will be
assessed to ensure compliance with
stated project goals. The evaluation will
address the extent to which the project
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Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices
has incorporated the elements required
by section 1126 of Public Law 108–136
(5 U.S.C. 4701 note). In addition, the
project will be examined during each
phase of the evaluation to assess that
costs are being managed effectively.
Moreover, cost discipline will be
examined during each phase of the
evaluation to ensure spending remains
within acceptable limits. Finally,
employee feedback will be sought
through surveys, interviews, and focus
groups to assess employee perceptions
of the fairness and integrity of the
performance appraisal and pay
adjustment processes.
VIII. Costs
A. Buy-in Costs
There will be added costs resulting
from the within-grade increase ‘‘buy-in’’
provision described in section V;
however, those costs will be offset to
some degree by the elimination of
within-grade step increases that
otherwise would have occurred.
B. Recurring Costs
All funding will be provided through
the organization’s budget. No additional
funding will be requested specifically
for this project; all costs will be charged
to available funds through existing
appropriations, including those
incurred in the areas of project
development, training, and project
evaluation.
sroberts on PROD1PC70 with NOTICES
IX. Waiver of Laws and Regulations
Required
A. Title 5, United States Code
Chapter 35, section 3594: Saved pay
for former members of the Senior
Executive Service (only to the extent
necessary to bar employees with a rating
of record lower than Fully Meets
Expectations from receiving saved rate
increases under 5 U.S.C. 3594(c)(2))
Chapter 51, section 5104: Basis for
grading positions.
Chapter 51, section 5106: Basis for
classifying positions.
Chapter 51, section 5107:
Classification of positions.
Chapter 53, section 5303: Annual
adjustments to pay schedules.
Chapter 53, section 5305: Special pay
authority.
Chapter 53, sections 5331–5336:
General Schedule pay rates (except that,
for purposes of applying any other laws,
regulations, or policies that refer to GS
employees or to subchapter III of
chapter 53 of title 5, United States,
Code, the modified pay system
established under this plan must be
considered to be a GS pay system
established under such subchapter III;
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16:08 Feb 27, 2007
Jkt 211001
this includes, but is not limited to,
references to the General Schedule in
section 5304 (relating to locality pay),
section 5545(d) (relating to hazard pay),
and sections 5753–5754 (dealing with
recruitment, relocation, and retention
incentives))
Chapter 53, section 5362: Grade
retention.
Chapter 53, section 5363: Pay
retention (only to the extent necessary
to (1) replace ‘‘grade’’ with ‘‘band’’ and
(2) bar employees with a rating of record
lower than Fully Meets Expectations
from receiving retained rate increases
under 5 U.S.C. 5363(b)(2)(B).
Chapter 75, section 7512(34): Adverse
actions (only to the extent necessary to
replace ‘‘grade’’ with ‘‘band’’).
Chapter 75, section 7512(4): Adverse
actions (only to the extent necessary to
provide that adverse action provisions
do not apply to (1) conversions into the
demonstration project from the General
Schedule or other pay system, as long as
the employee’s total rate of pay is not
reduced and (2) reductions in rates of
basic pay to offset a locality pay or
staffing supplement increase as a result
of receiving a rating of record below
Fully Meets Expectations.)
Note: If any of the provisions of title 5,
United States Code, listed above are amended
during the period this demonstration project
is in effect, NNSA may choose to terminate
the waiver of one or more such provisions
with respect to employees participating in
the project, without formally modifying the
project itself. NNSA must notify OPM when
any such waiver is terminated.
B. Title 5, Code of Federal Regulations
Part 300, subpart F, section 300.604:
Restrictions (only to the extent
necessary to restrict advancement to a
higher pay band to candidates who have
completed a minimum of 52 weeks in
positions no more than one pay band
lower than the position to be filled).
Part 330, subpart B, section 330.201:
Establishment and maintenance of
Reemployment Priority List (RPL) (only
to the extent necessary to establish and
maintain a reemployment priority list
exclusively for NNSA competitive
service demonstration project
employees).
Part 351, subpart D, section 351.402:
Competitive area (only to the extent
necessary to permit the use of career
paths in conjunction with
organizational units and geographic
locations when establishing competitive
areas).
Part 351, subpart D, section 351.403:
Competitive level (only to the extent
necessary to substitute ‘‘same pay band’’
for ‘‘same grade’’).
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Fmt 4703
Sfmt 4703
9049
Part 351, subpart G, section 351.701:
Assignment involving displacement
(only to the extent necessary to
substitute ‘‘one pay band’’ for ‘‘three
grades’’ and ‘‘two pay bands’’ for ‘‘five
grades’’).
Part 359, subpart G, section 359.705:
Pay (only to the extent necessary to bar
employees with a rating of record lower
than Fully Meets Expectations from
receiving a saved rate increase under 5
CFR 359.705(d)(1)).
Part 430, subpart B, section 430.203:
Definitions (only to the extent necessary
to allow an additional rating of record
to support a pay decision under C.3 or
4 of this project plan).
Part 511, subpart B: Coverage of the
General Schedule.
Part 530, subpart C: Special Rate
Schedules for Recruitment and
Retention.
Part 531, subpart B: Determining Rate
of Basic Pay.
Part 531, subpart D: Within-Grade
Increases.
Part 531, subpart E: Quality Step
Increases.
Part 536, subpart B: Grade Retention.
Part 536, subpart C: Pay Retention
(only to the extent necessary to (1)
replace ‘‘grade’’ with ‘‘band’’ and (2) bar
employees with a rating of record lower
than Fully Meets Expectations from
receiving retained rate increases under 5
CFR 536.305.
Part 550, section 550.703: Definitions
(to the extent necessary to modify
paragraph (c)(4) of the definition of
‘‘reasonable offer’’ by replacing ‘‘two
grade or pay levels’’ with ‘‘one pay band
level’’ and ‘‘grade or pay level‘‘ with
‘‘pay band level’’).
Part 752, section 752.401(a)(3):
Adverse actions (only to the extent
necessary to replace ‘‘grade’’ with
‘‘band’’).
Part 752, section 752.401(a)(4)
Adverse actions (only to the extent
necessary to provide that adverse action
provisions do not apply to (1)
conversions into the demonstration
project from the General Schedule or
other pay system, as long as the
employee’s total rate of pay is not
reduced and (2) reductions in rates of
basic pay to offset a locality pay or
staffing supplement rate increase as a
result of receiving a rating of record
below Fully Meets Expectations).
Note: If any of the provisions of title 5,
Code of Federal Regulations, listed above are
revised during the period this demonstration
project is in effect, NNSA may choose to
terminate the waiver of one or more such
provisions with respect to employees
participating in the project, without formally
modifying the project itself. NNSA must
E:\FR\FM\28FEN1.SGM
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9050
Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices
notify OPM when any such waiver is
terminated.
[FR Doc. E7–3454 Filed 2–27–07; 8:45 am]
BILLING CODE 6325–43–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55328; File No. SR–Amex–
2007–16]
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing and Immediate Effectiveness
of a Proposed Rule Change as
Modified by Amendment No. 1 Thereto
Relating to an Amendment to the
Options Marketing Fee
February 21, 2007.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
2, 2007, the American Stock Exchange
LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been substantially prepared by the
Exchange. On February 14, 2007, the
Amex submitted Amendment No. 1 to
the proposed rule change. Amex has
designated this proposal as one
establishing or changing a due, fee, or
other charge imposed by Amex under
Section 19(b)(3)(A)(ii) of the Act 3 and
Rule 19b–4(f)(2) thereunder,4 which
renders the proposal effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change, as amended, from interested
persons.
sroberts on PROD1PC70 with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to decrease
the equity options marketing fee from
the current level of $0.75 to $0.35 per
contract for those equity, exchange
traded fund share, and trust issued
receipt options series that quote and
trade in one cent increments under the
penny pilot program. The text of the
proposed rule change is available at the
Exchange, the Commission’s Public
Reference Room, and www.amex.com.
1 15
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
VerDate Aug<31>2005
16:08 Feb 27, 2007
Jkt 211001
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change, and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. Amex
has substantially prepared summaries,
set forth in Sections A, B, and C below,
of the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The proposal seeks to reduce the
current fee of $0.75 per contract to $0.35
per contract for those equity, exchange
traded fund share, and trust issued
receipt options series that quote and
trade in one cent increments under the
penny pilot program. In February, 2006,
the Exchange increased its equity
options marketing fee from $0.40 per
contract on the transactions of
specialists and registered options
traders (‘‘ROTs’’) in equity options to
$0.75 per contract (except for SPDR
options which will continue to remain
subject to the current fee level of $1.00
per contract 5).6
Currently, the equity options
marketing fee is assessed on
electronically executed customer orders
from firms that accept payment for
directing their orders to the Exchange
(‘‘payment accepting firms’’) with whom
a specialist has negotiated a payment for
order flow arrangement.
The Exchange has no role with
respect to the negotiations between
specialists and payment accepting firms.
The Exchange collects and administers
the payment of the fee collected on
those transactions for which the
specialist has advised the Exchange that
it has negotiated with a payment
accepting firm to pay for the firm’s order
flow. Included in this general
administrative support, the Exchange
tracks the number of qualified orders
sent by a payment accepting firm, bills
specialists and ROTs through their
clearing firms, and issues payments to
payment accepting firms to reflect the
5 See Securities Exchange Act Release No. 51685
(May 11, 2005), 70 FR 28587 (May 18, 2005) (SR–
Amex–2005–050).
6 See Securities Exchange Act Release No. 53341
(February 21, 2006), 71 FR 10085 (February 28,
2006) (SR–Amex–2006–15).
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
collection and payment of the marketing
fee. The Exchange rebates to specialists
and ROTs, on a quarterly basis, the
amount of marketing fees collected that
have not been paid to order flow
providers.
The specialists are solely responsible,
but are not required, to negotiate
payment for order flow agreements with
payment accepting firms and are
responsible for any arrangements made
with the payment accepting firms. The
specialists will use the funds that are
collected from a particular post on the
Exchange to market for those specific
products traded at that particular post
on the Exchange. Additionally,
supplemental registered options traders
have the ability to enter into payment
for order flow agreements with affiliated
firms. So long as it is within the above
described parameters, the specific terms
governing the orders that qualify for
payment and the amount of any
payments are determined by the
specialists in their discretion.
The Exchange asserts that the
proposal is equitable, as required by
Section 6(b)(4) of the Act.7 In
connection with the revision to the said
options marketing fee, the Exchange
notes that decreasing the fee in the
delineated circumstances from $0.75 to
$0.35 per contract is reasonable given
the competitive pressure to attract
options order flow. Accordingly, the
Exchange believes that the proposal is
an equitable allocation of reasonable
fees among Exchange members.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act 8 in general, and
Section 6(b)(4) of the Act 9 in particular,
in that it is designed to provide for the
equitable allocation of reasonable dues,
fees, and other charges among exchange
members and issuers and other persons
using exchange facilities.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
7 Section 6(b)(4) of the Act states that the rules of
a national securities exchange should provide for
the equitable allocation of reasonable dues, fees,
and other charges among its members and issuers
and other persons using its facilities. 15 U.S.C.
78f(b)(4).
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(4).
E:\FR\FM\28FEN1.SGM
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Agencies
[Federal Register Volume 72, Number 39 (Wednesday, February 28, 2007)]
[Notices]
[Pages 9037-9050]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3454]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
Proposed Demonstration Project; Pay Banding and Performance-Based
Pay Adjustments in the National Nuclear Security Administration
ACTION: Notice of a proposed demonstration project plan.
-----------------------------------------------------------------------
SUMMARY: Chapter 47 of title 5, United States Code, authorizes the
Office of Personnel Management (OPM), directly or in agreement with one
or more agencies, to conduct demonstration projects that experiment
with new and different human resources management concepts to determine
whether changes in human resources policy or procedures would result in
improved Federal human resources management. The National Nuclear
Security Administration (NNSA) and OPM propose to test a pay banding
system in which within-band pay progression is
[[Page 9038]]
based on performance. Section 4703 of title 5 requires OPM to publish
the proposed project plan in the Federal Register. This notice fulfills
that requirement. The proposed project plan has been approved by NNSA,
the Department of Energy, and OPM.
DATES: Written comments must be submitted on or before March 30, 2007.
A public hearing is scheduled for Wednesday, April 4, 2007, from 10
a.m. to 5 p.m., Eastern Standard Time. The location of the hearing is:
U.S. Department of Energy, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585.
Public parking is limited, but the building is conveniently
accessible to the ``Smithsonian'' and ``L'Enfant'' Metro stations. The
Forrestal Building is a secure facility. Members of the public must
show a government-issued photo ID (e.g., State driver's license).
Attendees will undergo electronic screening, and their personal
belongings will be subject to a physical search. Personal items
prohibited in the Forrestal Building include devices that can transmit
and record, weapons (guns, knives, explosives, etc.), and alcohol. A
member of the public possessing such items will be barred from
entering, and such items are subject to confiscation. There will be a
sign-in table set up in the main lobby. A greeter, and signs, will
direct attendees to the main auditorium location.
There will be a telephone call-in number for members of the public
who cannot attend in person. That number will be 202-287-5323, and the
line will be active from 10 a.m. to 5 p.m., Eastern Standard Time.
At the time of the hearing, interested persons or organizations may
present their written or oral comments on the proposed demonstration
project. The hearing will be informal. However, anyone wishing to
testify should contact the person listed under FOR FURTHER INFORMATION
CONTACT, so that NNSA and OPM can plan the hearing and provide
sufficient time for all interested persons and organizations to be
heard. Priority will be given to those on the schedule, with others
speaking in any remaining available time. Each speaker's presentation
will be limited to 10 minutes. Written comments may be submitted to
supplement oral testimony during the public comment period.
ADDRESSES: Comments may be mailed to Demonstration Projects, U.S.
Office of Personnel Management, 1900 E Street, NW., Room 7677,
Washington, DC 20415 or submitted by e-mail to Demoprojects@opm.gov.
FOR FURTHER INFORMATION CONTACT: National Nuclear Security
Administration: Randy Mazzeo, NNSA Assistant HR Director for Policy &
Workforce Planning, (301) 903-5192, 19901 Germantown Road, NA-64, Room
F-115, Germantown, MD 20874. Office of Personnel Management: Patsy
Stevens, Systems Innovation Group Manager, U.S. Office of Personnel
Management, (202) 606-1258, 1900 E Street, NW., Room 7456, Washington,
DC 20415.
SUPPLEMENTARY INFORMATION: The goals of this demonstration project are
to--
(1) Improve hiring by allowing NNSA to compete more effectively for
high quality employees through the judicious use of higher entry
salaries;
(2) Motivate and retain staff by providing faster pay progression
for high-performing employees;
(3) Improve the usefulness and responsiveness of the position
classification system to managers;
(4) Increase the proficiency of administering the position
classification system through a simplified pay-banded application of
the current General Schedule grade structure, and reduce the procedural
steps and documentation requirements traditionally associated with
classifying positions;
(5) Eliminate automatic pay increases (i.e., annual adjustments
that normally take effect the first day of the first pay period
beginning on or after January 1) by making pay increases performance-
sensitive, so that only Fully Successful (known as ``Fully Meets
Expectations'' in NNSA) and higher performers will receive pay
adjustments, and the best performers will receive the largest pay
adjustments;
(6) Integrate with, build upon, and advance the work of several key
human capital management improvement initiatives and projects currently
underway in NNSA, including--
a. Advancing the ongoing refinement of NNSA's three-year old
enterprise-wide performance management program, which currently
features a pilot for automating yearly performance ratings, to the next
logical level, encompassing performance-based pay adjustments,
b. Achieving greater parity, though not complete harmony, with
NNSA's mature excepted service pay-banded and pay-for-performance
system (e.g., will have a lower high-end pay band; no automatic pay
increases, etc.),
c. Building on the simplified position description (PD) format and
automated PD library that are already in place,
d. Continuing to develop improved performance management skills
among first-line supervisors through increased program rigor,
additional training, and better guidance materials, to better develop
standards that reflect differences in performance,
e. Developing an automated position classification and position
control system,
f. Establishing a system of career-enhancing career paths for the
purpose of developing, advancing, and retaining employees,
g. Building on the new workforce analysis and planning system,
already in place to identify FTE needs and competency needs and skills
gaps, to conduct a valid occupational analysis to construct meaningful
pay bands,
h. Using a total workforce management approach to controlling
costs, not just spending caps and share formulas; i.e., cultivating a
managerial culture of accountability in taking and directing personnel
actions, fostering judicious yearly employee ratings and prudent
performance payouts, and instilling position management discipline.
Office of Personnel Management.
Linda M. Springer,
Director.
Table of Contents
I. Executive Summary
II. Introduction
A. Purposes and Approach
B. Problems With the Present System
C. Changes Required/Expected Benefits
D. Participating Organizations
E. Participating Employees
F. Project Design
III. Personnel System Changes
A. Pay Banding Classification and Pay System
1. Establishment of Career Paths and Pay Bands
2. Position Classification
3. Minimum Qualifications Requirements
4. Elimination of Fixed Steps
5. Rate Range
6. Rate of Basic Pay Upon Initial Appointment
7. Rate of Basic Pay Upon Promotion
8. Rate of Basic Pay in Noncompetitive Lateral Actions
9. Other Pay Administration Provisions
10. Staffing Supplements
B. Performance Appraisal
1. Program Requirements
2. Supervisory Accountability
3. Reconsideration of Ratings
C. Performance-Based Pay Adjustments
1. Pay Pools
2. Performance Shares
3. Pay Adjustments
4. Employees Who Do Not Receive a Pay Adjustment
5. Locality Pay and Staffing Supplement
D. Reduction-in-Force
IV. Training
V. Conversion
A. Conversion to the Demonstration Project
[[Page 9039]]
B. Conversion Back to the General Schedule System
VI. Project Duration
VII. Project Evaluation
VIII. Costs
IX. Waiver of Laws and Regulations Required
A. Title 5, United States Code
B. Title 5, Code of Federal Regulations
I. Executive Summary
This project was designed by NNSA in consultation with OPM. The
demonstration project will modify the General Schedule classification
and pay system by identifying several broad career paths, establishing
pay bands which may cover more than one grade in each career path,
eliminating longevity-based step progression, and providing for annual
pay adjustments based on performance. The proposed project will test
(1) the effectiveness of multi-grade pay bands in recruiting,
advancing, and retaining employees, and in reducing the processing time
and paperwork traditionally associated with classifying positions at
multiple grade levels, and (2) the application of meaningful
distinctions in levels of performance to the allocation of annual pay
increases under the General Schedule.
II. Introduction
A. Purposes and Approach
The purposes of the proposed project are to--
(1) Modify the General Schedule (GS) classification system by
establishing pay bands which may cover more than one grade; and
(2) Modify the GS pay system to provide larger annual pay increases
to employees who are better performers based on performance
distinctions made under a credible, strategically-aligned performance
appraisal system/program and thereby improve the results-oriented
performance culture within the organization.
NNSA's approach to achieving these purposes is to integrate with
and build upon the several ongoing human capital management initiatives
and projects that are already underway, and to design a GS pay banding
and performance-based pay adjustment system that--
(1) Complements and increases parity with the statutory NNSA
excepted service employment system, already in place, and
(2) Profits from the successes, mistakes, and lessons of other
agency demonstration projects, past and current.
B. Problems With the Present System
Position Classification Rigidity, Incomprehensibility, and Procedural
Excesses
Although the GS classification system is not a compensation system
per se, the classification and pay systems are inextricably
intertwined. In practice, the GS classification system is the primary
determinant of an employee's basic pay. Furthermore, NNSA believes in
the principles underlying the GS classification system (i.e., equal pay
for substantially equal work, and variations in pay based on the
actuality of work performed, rather than on who performs the work) and
believes that these principles are as valid and applicable to the
Federal civil service system today as when originally enacted into law
in 1923, and when the General Schedule was established in 1949. As
Ismar Baruch wrote in a classic groundbreaking 1941 report, Position
Classification in the Public Service:
`` * * * the very nature of governmental jurisdictions places
them in a position of peculiar responsibility to the public at
large. Individual actions without plan or system and based merely
upon the expediency of the moment are undesirable. Public personnel
policies and transactions affecting positions and employees should
be supportable by facts and logic in the light of broad
considerations applicable to the service as a whole. Further, in the
management of public personnel affairs, considerations of fairness
and equity require uniform action under like circumstances,
particularly in the establishment of pay rates.''
This in essence is what the Federal position classification system was
designed to achieve, and has achieved in principle, if not practice,
ever since these words were first written. Thus, rather than
``scrapping'' the current GS classification system and starting over,
NNSA believes that modifying the system to accommodate the work and
workforce of the 21st century is a more prudent and workable approach.
Pay banding does this. The current GS classification system is
cumbersome, labor intensive, and difficult to comprehend. As OPM's
April 2002 white paper, A Fresh Start for Federal Pay: The Case for
Modernization points out, the GS classification system was designed
during the World War II years when civil servants were predominantly
``process-obsessed'' file clerks. Public servants in the middle of the
20th century performed work that tended to be mechanical and repetitive
in nature, consisting of job tasks readily observable and measurable.
Today, work tends to be knowledge-based and highly specialized, and
does not lend itself to easy categorization based on readily observable
characteristics. Nonetheless, as an employee progresses from the entry
level to the full-performance level in a given occupation today, under
the traditional classification system, a separate position description
is still required for each grade. For example, an entry level GS-5
Engineer with promotion potential to GS-12 requires five different
position descriptions (or statements of differences) covering grade
intervals GS-5, GS-7, GS-9, GS-11, and GS-12. Additionally, each
position description should be accompanied by a position evaluation
report certifying that the duties and responsibilities of the position
meet the requirements for classification into the series and grade.
Often, the difference between a higher-graded and lower-graded position
in the same career progression may be the level of supervision an
employee receives, or the increasing gradations in the scope and effect
of an employee's work on agency missions and programs, or some other
interpretative degree of occupational difficulty and responsibility. As
a result, managers who assign work and who are responsible for
describing such assignments of work, and the position classifiers who
evaluate assignments of work against OPM's and applicable agency
classification criteria, often view the practice attendant to the
current GS classification system as an exercise in semantics, and PD
writing, for the purpose of ``beating the system'' to award the highest
grade possible to a position, instead of as a management tool by which
to make meaningful and significant distinctions between levels of work.
The current GS classification system also directly impacts the
effectiveness of agency recruitment activities. Recruiting for a
vacancy which may be filled at any level from the entry level to the
full-performance level requires a separate position description for
each grade, separate qualifications requirements for each grade,
separate applicant assessment and rating tools (often referred to as
``crediting plans'') for each grade, and separate lists of best-
qualified candidates (often referred to as ``certificates'') for each
grade. For example, recruiting for a single GS-5/12 Engineer vacancy
requires five different position descriptions (GS-5, GS-7, GS-9, GS-11,
and GS-12) and five different ``crediting plans,'' and will result in
the agency issuing multiple ``certificates.'' Thus, Federal managers
and applicants for Federal employment often view the
[[Page 9040]]
system as cumbersome, time consuming, and unresponsive.
Modifying the current system to supplant sequential grade
progression with valid, rational, and credible pay bands will (1)
provide much needed management relief from the seeming arbitrariness,
rigidity, and document heaviness of the current classification system,
(2) provide managers with much needed flexibility, and (3) offer
applicants and employees greater opportunities for advancement and
inducements to retention, while retaining the public policy principles
and management values underlying the current civil service system.
A Need for Performance-Based Pay Increases
Additionally, the current GS pay system provides annual pay
increases to all employees, even those whose performance is less than
Fully Successful. Similarly, periodic within-grade pay increases are
virtually automatic. Although an employee's performance must be
determined to be at an ``acceptable level of competence'' in order for
the employee to receive a within-grade increase (WGI), this is only a
single-level threshold and no further distinctions in levels of
performance play a role. All performance levels above the threshold are
treated the same for purposes of determining the amount of the increase
and the rate at which an employee advances through the rate range of
his or her grade. NNSA and OPM do not believe it is a wise use of the
limited resources available for the compensation of Federal employees--
nor does it serve taxpayers effectively or treat employees fairly--to
pass on the same pay adjustments, year after year, to all employees
regardless of differences in their performance.
The current GS pay system does provide one limited tool to address
distinctions in levels of performance--namely, quality step increases
(QSIs). QSIs are discretionary adjustments that are not integrated into
the normal pay adjustment process; thus, limited funds are available to
provide QSIs, and the decision-making process may not be very
transparent. In addition, there is no flexibility as to the amount of
the QSI; a full step increase is required. Also, QSIs may be used only
for those with the highest rating of record. In summary, QSIs alone
cannot be relied upon to establish an effective link between pay and
performance based on meaningful distinctions among different levels of
performance.
Under these constraints of the GS pay system, agencies are severely
limited in their ability to establish a results-oriented performance
culture as contemplated under the Human Capital Assessment and
Accountability Framework (HCAAF). Within the HCAAF, a results-oriented
performance culture effectively plans, monitors, develops, rates, and
rewards employee performance, consistent with the merit system
principle that ``appropriate incentives and recognition should be
provided for excellence in performance'' (5 U.S.C. 2301(b)(3)).
C. Changes Required/Expected Benefits
The proposed demonstration project will respond to the GS
classification system problems identified above by compressing the 15
GS grades into multi-grade pay bands. Although this ``compression'' is
neither designed nor intended to eliminate the fundamental statutory
grading distinctions embedded in the traditional position
classification system, it will considerably reduce the excessive
rigidity inherent in the current system, making it substantially less
cumbersome, less labor intensive, less time consuming, and easier to
comprehend and apply. Banding the GS grade structure will also simplify
merit promotion activities, by permitting the advancement of employees
within given bands without the necessity of advertising promotional
opportunities (much like accretion-of-duties procedures under the
traditional system), and without the need for handling employee
applications in accordance with publicized merit promotion procedures.
Because a pay banding system uses broader work levels, the system can
be viewed as having more of a rank-in-person emphasis; that is, it
permits a more direct relationship between an incumbent's actual (or
anticipated) individual level of job performance and a given position's
particular level of pay.
The proposed demonstration project will respond to the pay problem
identified above by eliminating fixed steps within each of the pay
bands and by making annual GS pay adjustments performance-sensitive.
Pay adjustments will be funded from a pay pool consisting of the
amounts that would otherwise be used to pay the annual GS pay
adjustment, WGIs, and QSIs to employees covered by the demonstration
project. The pay pool also may include funds saved through the
elimination of promotion increases for promotions between grades that
are consolidated into the same band. A share mechanism will be used to
allocate pay increases among employees with different levels of
performance, and managers will be expected to control costs (and will
be held accountable for doing so in their own performance plans).
Implementation of the proposed pay system will result in larger pay
increases going to employees who demonstrate higher performance. By
regularly rewarding better performance with better pay, participating
organizations will strengthen their results-oriented performance
cultures. Among other things, they will be better able to retain their
good performers and recruit new ones.
D. Participating Organizations
It is expected that every major headquarters and field organization
in NNSA will participate. This includes HQ, program, and support
components, including NNSA's cadre of nuclear materials couriers, who
are deployed at various locations in the United States, eight
geographically dispersed Site Offices and two special purpose Naval
Reactors Offices (in Pittsburgh, PA, and Schenectady, NY), and the
Service Center in Albuquerque, NM. Each of these units is committed to
operating a credible, robust performance appraisal program aligned to
the organization's strategic goals and objectives, by providing the
necessary training and resources. These organizations have demonstrated
this commitment the past three years, as NNSA implemented a
comprehensive performance management program enterprise-wide.
E. Participating Employees
The demonstration project will cover all GS non-bargaining unit
employees in the participating organizations identified in the
preceding paragraph. (The only bargaining unit in NNSA is at
headquarters, and currently includes 20 positions.) Included in the
coverage are Schedule A and B Excepted Service employees. Not included
are Schedule C Excepted Service employees and Excepted Service
employees authorized under the NNSA Act, National Defense Authorization
Acts, and the DOE Organization Act. Table 1 shows the number of
employees currently available and subject to coverage under this
project by occupational series and grade.
[[Page 9041]]
Table 1.--Covered Employees by Occupational Series and Grade
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pay Plan GS Grade
Count--OCC Series --------------------------------------------------------------------------------------------------------- GS
01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 total
--------------------------------------------------------------------------------------------------------------------------------------------------------
00018.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 2 7 4 ..... 14
00028.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 1 3 2 2 9
00080.................................. ..... ..... ..... ..... ..... ..... 1 ..... 5 ..... 3 29 39 35 16 128
00084.................................. ..... ..... ..... ..... ..... ..... ..... 57 51 62 59 58 21 ..... ..... 308
00086.................................. ..... ..... ..... ..... ..... 2 2 1 ..... ..... ..... ..... ..... ..... ..... 5
00130.................................. ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... 2 8 18 34 45 108
00132.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 3 1 ..... 4
00201.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 3 12 16 6 8 45
00203.................................. ..... ..... ..... ..... ..... ..... 7 2 ..... ..... ..... ..... ..... ..... ..... 9
00260.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 3 1 ..... 5
00301.................................. ..... ..... ..... ..... ..... ..... ..... ..... 20 ..... 41 42 51 33 26 213
00303.................................. 3 3 9 10 3 12 23 6 ..... ..... ..... ..... ..... ..... ..... 69
00318.................................. ..... ..... ..... ..... 4 13 9 6 5 ..... ..... ..... ..... ..... ..... 37
00326.................................. 1 1 4 3 ..... 1 ..... ..... ..... ..... ..... ..... ..... ..... ..... 10
00335.................................. ..... ..... ..... ..... ..... 1 ..... ..... ..... ..... ..... ..... ..... ..... ..... 1
00340.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 20 21
00341.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 2 1 3
00342.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 2 ..... ..... ..... 2
00343.................................. ..... ..... ..... ..... ..... ..... 1 ..... 4 ..... 9 20 41 44 25 144
00344.................................. ..... ..... ..... ..... ..... ..... ..... 2 ..... ..... ..... ..... ..... ..... ..... 2
00346.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 2 5 1 ..... 8
00361.................................. ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... ..... ..... ..... ..... ..... 1
00391.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... 1
00399.................................. ..... ..... 1 ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1
00401.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 2 ..... 2
00501.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 3 ..... 5 2 3 13
00505.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 3 3
00510.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 3 10 26 10 3 52
00511.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 6 ..... 1 ..... 7
00525.................................. ..... ..... ..... ..... ..... 1 ..... 1 ..... ..... ..... ..... ..... ..... ..... 2
00560.................................. ..... ..... ..... ..... ..... ..... 1 ..... 2 ..... 1 9 15 16 8 52
00561.................................. ..... ..... ..... ..... ..... ..... 1 ..... ..... ..... ..... ..... ..... ..... ..... 1
00610.................................. ..... ..... ..... ..... ..... ..... ..... ..... 2 1 ..... ..... ..... ..... ..... 3
00671.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... 1
00690.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 3 4 ..... 7
00801.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 3 4 34 104 83 228
00802.................................. ..... ..... ..... ..... ..... ..... ..... ..... 2 ..... ..... ..... 1 ..... ..... 3
00803.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 2 ..... 2
00804.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 2 ..... 2
00810.................................. ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... 1 1 ..... ..... 3
00819.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 4 2 ..... 6
00830.................................. ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... ..... ..... ..... ..... 1
00840.................................. ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... 1 3 13 17 41 76
00850.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... 1
00854.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 4 2 2 1 9
00905.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 2 ..... 9 12 24
00950.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 3 ..... ..... ..... ..... 3
00986.................................. ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... ..... ..... ..... ..... ..... 1
00999.................................. ..... ..... ..... ..... ..... ..... 2 ..... ..... ..... ..... ..... ..... ..... ..... 2
01001.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... ..... 1
01035.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 2 ..... 5 1 8
01101.................................. ..... ..... ..... ..... ..... ..... 1 ..... 1 ..... ..... 1 3 5 1 12
01102.................................. ..... ..... ..... ..... ..... ..... ..... ..... 2 ..... 1 12 26 34 12 87
01103.................................. ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... 2 3 2 2 ..... 10
01105.................................. ..... ..... ..... ..... ..... ..... 1 ..... 2 ..... ..... ..... ..... ..... ..... 3
01106.................................. ..... ..... ..... ..... ..... ..... 1 ..... ..... ..... ..... ..... ..... ..... ..... 1
01150.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... 1
01170.................................. ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... ..... 2 1 1 5
01176.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... 1
01222.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 3 1 5
01301.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 13 37 27 78
01306.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 2 3 ..... 5
01310.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 3 4
01412.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... 1
01515.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... 1
01712.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 6 6 10 4 ..... 26
01750.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... ..... 1
01910.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 9 4 1 1 16
02003.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 2 ..... 2
02005.................................. ..... ..... ..... ..... 1 ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1
[[Page 9042]]
02010.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 ..... 1 ..... 2
02101.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 2 15 6 24
02130.................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1 9 1 ..... 11
02210.................................. ..... ..... ..... ..... ..... ..... ..... ..... 2 ..... 1 6 18 14 3 44
----------------------------------------------------------------------------------------------------------------
Grand total........................ 4 4 14 13 8 30 50 77 104 63 145 260 410 467 353 2002
--------------------------------------------------------------------------------------------------------------------------------------------------------
sManagement has provided initial notice to affected employees and
will continue consultation throughout project implementation.
F. Project Design
The project is designed to (1) fundamentally simplify the position
classification system as the key to improving recruitment, retention,
and classification activities, (2) ensure that no participating
employee with a rating of record of less than Fully Meets Expectations
will receive a pay increase, and (3) ensure that funds available for
pay adjustments will be allocated on the basis of performance, the
better performers receiving the greater performance payouts.
To ensure expeditious and effective project implementation and
completion, NNSA will model, to the extent feasible and appropriate,
programmatic features and operating systems and procedures relating to
NNSA's own pay-banded, pay-for-performance excepted service system; in
addition, NNSA will review the successes, mistakes, and lessons from
the experiences of other agency demonstration projects, notably the
current Department of Defense (DoD) laboratory projects, which are
based on the foundational China Lake project; the National Institute of
Standards and Technology permanent Alternative Personnel System; and
DoD's new National Security Personnel System (one of the participating
Air Force labs shares Kirtland AFB with NNSA).
Several design principles will underpin this project:
NNSA will not establish its own classification standards,
but rather, will construct band thresholds and boundaries consistent
with OPM's official classification criteria; at the same time, NNSA
will streamline documentation requirements, including by eliminating
Factor Evaluation System formatted PDs, with greater reliance on the
Primary Standard to set band parameters.
NNSA will not delegate classification authority to
managers. NNSA understands that not delegating classification authority
runs counter to the experiences of other agency demonstration projects.
Nonetheless, it is much more efficient to leave the exercise of this
authority and all attendant administration activities in the trained
hands of the resident human resources (HR) staff. NNSA sees little
value in turning managers into classifiers, but rather, believes the
value is in preparing managers to become better supervisors. NNSA's
pre-eminent managerial goal is to develop a seasoned cadre of Federal
managers who can practice the art of supervision at an uncommonly high
level (i.e., the supervisor who is more mentor than taskmaster, who can
nurture subordinates and unleash their potential for superior
performance through the instruments of performance appraisal and reward
programs).
NNSA will use the career paths derived from this
demonstration project to underwrite our new concept of a Management
Needs-Based Career Path Model to Employee Development and Career
Planning. This concept envisions the use of career paths to acquire
well-qualified candidates from the current workforce to satisfy new and
emerging mission needs. It will use such traditional mechanisms as in-
service placement, reassignment, retraining, enrollment in formal
development programs, and mixtures of competitive and noncompetitive
procedures, to prepare employees to move within and across career paths
in response to new and emerging job requirements.
NNSA will design this demonstration project as a direct
complement to and manifestation of the Administrator's strong desire to
create NNSA as an employer of choice in the Federal Government. The
demonstration project will give real definition, direction, and impetus
to the Administrator's concept, which centers on the first-line
supervisor as the primary agent in developing a management culture that
attracts, develops, and retains a diverse and talented workforce.
III. Personnel System Changes
The 15-grade GS position classification system established under 5
U.S.C. chapter 51 and the GS pay system established under 5 U.S.C.
chapter 53, subchapter III, will be modified as described in the
following sections. Except as otherwise provided in this plan,
demonstration project employees will be considered to be GS employees
in applying other laws, regulations, and policies. NNSA does not
currently have employees covered by law enforcement officer (LEO)
special base rates. Should any law enforcement officers be covered by
this demonstration project in the future, they will not be considered
to be General Schedule employees for the purposes of applying LEO
special base rates authorized by section 403 of the Federal Employees
Pay Comparability Act of 1990; a separate career path would be
established for these employees, and band ranges for any such LEOs will
take LEO special base rates into account.
A. Pay Banding Classification and Pay System
1. Establishment of Career Paths and Pay Bands
NNSA may establish, and adjust over time, career paths that group
one or more occupational categories together and provide a common
banding structure (i.e., set of work levels and rate ranges) for
occupations within a given career path. Initially, NNSA intends to
establish four career paths as follows:
(1) Professional, Engineering and Scientific: Research, policy,
staff, and managerial positions in science, engineering, computing,
mathematics and other positions the duties of which include the
performance of professional work. Examples of occupational series in
this career path are 510--Accountant, 801--General Engineer, 840--
Nuclear Engineer, 905--Attorney, 1102--Contract Specialist, 1301--
Physical Scientist, and similar traditional two-grade interval GS
occupations whose qualifications requirements include a minimum
education requirement.
[[Page 9043]]
(2) Administrative: Specialist positions in such fields as finance,
human resources, public affairs, technical information, and management
analysis. Examples of occupational series in this career path are 080--
Security Specialist, 201--Human Resources Specialist, 340--Program
Manager, 341--Administrative Officer, 343--Management/Program Analyst,
560--Budget Analyst, 1035--Public Affairs Specialist, 2101--
Transportation Specialist, and similar traditional two-grade interval
GS occupations whose qualifications requirements do not include a
minimum education requirement.
(3) Technician and Administrative Support: Engineering Technician,
clerical, assistant, secretarial, and other support positions not
fitting the definitions of any other career path. Examples of
occupational series in this career path are 203--Human Resources Clerk
and Assistant, 303--General Clerk, 318--Secretary, 525--Accounting
Technician, 802--Engineering Technician, 1106--Procurement Clerk/
Assistant, and similar traditional one-grade interval technician and
administrative support occupations not fitting the definitions of any
other career path.
(4) Nuclear Materials Couriers: NNSA employs approximately 400
Nuclear Materials Couriers, GS-084, who have a unique set of duties and
skills, supporting a separate career path, and who have an unusual
single-grade interval pattern from GS-8 through GS-13. All positions in
the 084 occupational series are encompassed in this career path.
Positions of employees who work in the same organizations, doing
related work, but that are not classified in the 084 job series, will
be allocated to one of the other three career paths, as appropriate to
the nature of the work performed.
Each career path will be subdivided into pay bands. Each pay band
will correspond to one or more GS grades. NNSA may establish, and
adjust over time, a career path's pay band structure. Initially, the
pay bands within each career path and their relationship to GS grades
will be as follows:
(1) Professional, Engineering and Scientific Career Path
(a) Pay Band I--(GS-5 through GS-7)
(b) Pay Band II--(GS-9 through GS-12)
(c) Pay Band III--(GS-13 through GS-14)
(d) Pay Band IV--(GS-15)
(2) Administrative Career Path
(a) Pay Band I--(GS-5 through GS-8)
(b) Pay Band II--(GS-9 through GS-12)
(c) Pay Band III--(GS-13)
(d) Pay Band IV--(GS-14)
(e) Pay Band V--(GS-15)
Positions in the Professional, Engineering and Scientific and
Administrative career paths will normally be filled at Pay Band II or
higher. Pay Band I for the Professional, Engineering, and Scientific
and Administrative career paths is used primarily, but not exclusively,
for basic entry-level appointments, upward mobility, and Student Career
Employment Program appointees.
(3) Technician and Administrative Support Career Path
(a) Pay Band I--(GS-1 through GS-4)
(b) Pay Band II--(GS-5 through GS-8)
(c) Pay Band III--(GS-9)
(4) Nuclear Materials Courier Career Path
(a) Pay Band I--(GS-8 through GS-11)
(b) Pay Band II--(GS-12) (``Convoy Commander'' positions only)
(c) Pay Band III--(GS-13) (``Unit Commander'' positions only)
NNSA will coordinate changes in career paths or pay banding
structures with OPM. After coordination with OPM, NNSA will give
affected employees advance notice and an opportunity to comment before
effecting a change with respect to career paths or banding structure.
2. Position Classification
Application of the 15-grade GS position classification system
established under 5 U.S.C. chapter 51 will be simplified by allowing a
position to be assigned to a specific pay band if the duties and
responsibilities of the position meet (or exceed) the requirements for
classification into the lowest grade included in that specific pay
band. For example, an 801, Engineer, position assigned to Pay Band 1
(GS-5 through GS-7), need only meet the requirements for classification
at the GS-5 level. Position descriptions will include examples of
higher-level duties and responsibilities to which employees are fully
intended to progress. NNSA will establish pay band boundaries
consistent with OPM's existing position classification standards,
grade-evaluation criteria, and grading practices.
3. Minimum Qualifications Requirements
Application of the OPM Operating Manual: Qualification Standards
for General Schedule Positions is simplified by allowing a candidate to
qualify for a specific pay band if the candidate meets (or exceeds) the
requirements for the lowest grade included in that specific pay band.
For example, a candidate for an 801 Engineer position assigned to Pay
Band 1 (GS-5 through GS-7), need only meet the qualifications
requirements for a GS-801 Engineer position at the GS-5 level.
For NNSA demonstration project employees and employees of other
Federal agencies who are in sufficiently similar pay banding systems,
the common OPM requirement of one year of experience ``at the next
lower grade in the normal line of progression for the occupation'' is
changed to ``at the next lower pay band in the normal line of
progression for the occupation.''
Federal employees in the General Schedule pay system, Federal
employees in other pay systems comparable to the General Schedule, and
non-Federal applicants must meet the common OPM requirement of one year
of experience ``at the next lower grade in the normal line of
progression for the occupation.''
4. Elimination of Fixed Steps
The 10 fixed steps of each GS grade will not apply to employees
participating in the demonstration project. The fixed-step system was
designed to reward longevity. A pay banding system is an important
element of any effort to make pay more performance-sensitive. No
employee will lose pay as a result of becoming covered by the
demonstration project. However, demonstration project employees will no
longer receive longevity-based within-grade pay increases at prescribed
intervals. Instead, they will be granted annual performance adjustments
as described in section C below.
5. Rate Range
The normal minimum and maximum rates of the rate range for each pay
band will equal the applicable step 1 rate and step 10 rate,
respectively, for the lowest and highest grades, respectively, in the
General Schedule that are included in the pay band. The minimum rate of
the pay band is extended 5 percent below the normal minimum for
employees with a rating of record below Fully Meets Expectations. Such
an employee's rate may fall below the normal pay band minimum when that
minimum increases as a result of a pay band adjustment, but the
employee cannot receive a pay adjustment because the employee's rating
of record is below Fully Meets Expectations, as described in section
C.4.
The maximum rate of each pay band is extended 5 percent above the
normal maximum for all employees with a
[[Page 9044]]
rating of record at the highest level (currently called ``Significantly
Exceeds Expectations'' in NNSA). This feature will help ensure that the
range of available pay rates will be adequate to recognize truly
outstanding performance. If an employee within this rate extension
receives a rating of record below the highest level, the employee's
rate may not be increased except as necessary to prevent the rate of an
employee with a rating of record of Fully Meets Expectations or higher
from falling below the normal pay band maximum due to a rate range
adjustment.
6. Rate of Basic Pay Upon Initial Appointment
Upon appointment to a demonstration project position under
Delegated Examining, Direct-Hire Authorization, or other authority
primarily designed for initial entry into the Federal service (e.g.,
Veterans Employment Opportunity Act, 30% Disabled Veteran Appointment),
an appointee's pay rate may be set at any rate within the normal pay
band range. In exercising this flexibility, NNSA will consider the
appointee's qualifications, competing job offers, NNSA's need for the
appointee's talents, the appointee's potential contributions to NNSA
mission accomplishment, and the rates received by on-board employees.
This flexibility will allow NNSA to compete more effectively with
private industry for the best talent available, though managers will be
expected to use this flexibility with great judiciousness and prudence.
7. Rate of Basic Pay Upon Promotion
Upon promotion to a higher pay band, an appointee's pay rate
generally will be set at a rate within the normal pay band range to
which the appointee is being promoted that provides a pay increase of 8
percent, unless a greater increase is necessary to set pay at the
normal range minimum. NNSA may establish exceptions to this policy to
deal with employees receiving a retained rate, employees who are re-
promoted shortly after a demotion, employees with exceptional
performance warranting a larger increase with higher management
approval, etc. In exercising this flexibility, NNSA will consider the
appointee's qualifications, competing job offers, NNSA's need for the
appointee's talents, and the appointee's potential contributions to
NNSA mission accomplishment. A pay band in a different career path will
be considered to be a higher pay band (i.e., a promotion) under
policies prescribed by NNSA. NNSA may adopt policies providing a
promotion-equivalent increase to a Federal employee outside the
demonstration project who is selected, through merit promotion
procedures, to fill a higher-level position (as defined in NNSA
policies) covered by the demonstration project.
NNSA may establish special rules for computing the promotion
increase for promotions involving positions covered by a staffing
supplement that take into account the staffing supplement and locality
pay, subject to guidance provided by OPM.
8. Rate of Basic Pay in Noncompetitive Lateral Actions
Upon non-competitive lateral movement (e.g., via transfer or
reassignment) to a demonstration project position from another Federal
position, an employee's pay rate will be set at an amount that is equal
to the employee's current pay rate. For such an employee moving from a
position outside the demonstration project, NNSA may provide an
immediate increase in the rate of basic pay to reflect the prorated
value of the employee's next scheduled within-grade increase under the
former pay system, consistent with the requirements in section V.A.
9. Other Pay Administration Provisions
Performance-based pay adjustments described in section C will be
made to the rate of basic pay. These adjustments are scheduled to be
made on the same date that annual rate range adjustments normally take
effect--i.e., the first day of the first pay period beginning on or
after January 1.
Locality-based comparability payments under 5 U.S.C. 5304 will be
paid on top of the rate of basic pay in the same manner as those
payments apply to other GS employees. Staffing supplements may apply as
described in section III.A.10.
Subject to guidance provided by OPM, NNSA will establish final pay
administration rules for determining an employee's rate of pay upon
initial appointment, promotion, demotion, transfer, reassignment, or
other position change, as needed. In addressing geographic conversions
and simultaneous pay actions, such rules must be consistent with 5 CFR
531.205 and 5 CFR 531.206, respectively.
The grade retention provisions in 5 U.S.C. 5362 and 5 CFR part 536
are not applicable (i.e., no band retention). The pay retention rules
in 5 U.S.C. 5363 and 5 CFR part 536 continue to apply to demonstration
project employees, except that an employee with a rating of record
below Fully Meets Expectations may not receive an increase in his or
her retained rate under 5 U.S.C. 5363(b)(2)(B). If such an employee's
retained rate falls below the applicable pay band adjusted maximum rate
(including any applicable locality payment or staffing supplement), pay
retention ceases and the rate is converted to an equal within-pay band
rate (i.e., the rate is not set at the range maximum).
When applicable, the saved pay rules in 5 U.S.C. 3594 and 5 CFR
359.705 for former members of the Senior Executive Service continue to
apply to demonstration project employees, except that an employee with
a rating of record below Fully Meets Expectations may not receive an
increase in his or her saved rate under 5 U.S.C. 3594(c)(2). If such an
employee's retained rate falls below the applicable range adjusted
maximum rate, pay retention ceases and the rate is converted to an
equal within-range rate (i.e., the rate is not set at the range
maximum).
An employee's rate of basic pay may not exceed the normal maximum
rate for the employee's band unless the employee is receiving a
retained rate under 5 U.S.C. 5363 or a saved rate under 5 U.S.C. 3594
or is entitled to a rate within the upper range extension, as provided
under section III.A.5. An employee's rate of basic pay may not be below
the normal minimum rate for the employee's grade unless the employee's
most recent rating of record is below Fully Meets Expectations.
NNSA may adopt supplemental pay administration policies governing
matters not specifically addressed in this plan, subject to any OPM
guidance.
10. Staffing Supplements
An employee who is assigned to an occupational series and
geographic area covered by an OPM-established special rates schedule,
and who meets any other applicable coverage requirements, will be
entitled to a staffing supplement if the maximum adjusted rate for a
covered position in the GS grades corresponding to the employee's band
is a special rate that exceeds the applicable maximum GS locality rate.
The staffing supplement is added on top of the rate of basic pay in the
same manner as locality pay. An employee will receive the higher of the
applicable locality payment or staffing supplement.
For employees being converted into the demonstration project, the
employee's total pay immediately after conversion will be the same as
immediately before, but a portion of the total will be in the form of a
staffing supplement. Adverse action and pay retention provisions will
not apply to
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the conversion process as there will be no change in the total salary
rate. The staffing supplement is calculated as described below.
Upon conversion, the demonstration base rate will be established by
dividing the employee's former GS adjusted rate (the higher of special
rate or locality rate) by the staffing factor. The staffing factor will
be determined by dividing the maximum special rate for the banded
grades by the GS base rate corresponding to that special rate (step 10
GS base rate for the same grade as the special rate). The employee's
demonstration staffing supplement is derived by multiplying the
demonstration base rate by the staffing factor minus one. Therefore,
the employee's final demonstration special staffing rate equals the
demonstration base rate plus the special staffing supplement; this
amount will equal the employee's former GS adjusted rate.
Simplified, the formula is this:
Staffing factor = (Maximum special rate for banded grades) / (GS base
rate corresponding to that special rate)
Demonstration base rate = (Former GS adjusted rate [special or locality
rate]) / (Staffing factor)
Staffing supplement = demonstration base rate x (staffing factor - 1)
Salary upon conversion = demonstration base rate + staffing supplement
[sum will equal existing rate]
If a special rate employee is converted to a band where the maximum
GS adjusted rate for the banded grades is a locality rate, when the
employee is converted into the demonstration project, the demonstration
base rate is derived by dividing the employee's former special rate by
the applicable locality pay factor (for example, in the Washington-
Baltimore area, the locality pay factor is 1.175 in 2006). The
employee's demonstration locality-adjusted rate will equal the
employee's former GS adjusted rate.
Any General Schedule or special rate schedule adjustment will
require recomputation of the staffing supplement. Employees receiving a
staffing supplement remain entitled to an underlying locality rate,
which may over time supersede the need for a staffing supplement. If
OPM discontinues or decreases a special rate schedule, pay retention
provisions will be applied, as appropriate. Upon geographic movement,
an employee who receives the special staffing supplement will have the
supplement recomputed; any resulting reduction in the supplement will
not be considered an adverse action or a basis for pay retention.
Established salary including the staffing supplement will be
considered basic pay for the same purposes as a special rate under 5
CFR 530.308--e.g., for purposes of retirement, life insurance, premium
pay, severance pay, and advances in pay. It will also be used to
compute worker's compensation payments and lump-sum payments for
accrued and accumulated annual leave. Staffing supplement adjusted
rates are subject to the Executive Schedule level IV cap that applies
to GS locality rates and special rates.
B. Performance Appraisal
NNSA recognizes the importance of maintaining highly credible
performance management systems. NNSA will use a performance management
program under the Department of Energy appraisal system that has been
approved by OPM consistent with chapter 43 of title 5, United States
Code. Throughout the duration of the demonstration project, the
effectiveness of performance management within the project will be
monitored by examining metrics and assessments that will be included in
the demonstration project evaluation plan.
1. Program Requirements
The NNSA performance appraisal program requires written performance
plans for each covered employee containing the employee's performance
elements and standards. The performance plan links the performance
elements and standards for individual employees to the organization's
strategic goals and objectives. Ongoing feedback and dialogue between
employees and their supervisors regarding performance is required. In
addition, the program provides for, at a minimum, one mid-year progress
review.
The NNSA appraisal program, including its performance levels and
standards, provides for making meaningful distinctions in performance.
The program currently uses a four-level rating pattern to both
summarize performance and to appraise performance at the element level.
Its summary level pattern under 5 CFR 430.208(d) uses Levels 1, 2, 3,
and 5, which NNSA has labeled Does Not Meet Expectations, Needs
Improvement, Fully Meets Expectations, and Significantly Exceeds
Expectations, respectively. Employees must be covered by their
performance plan for at least 90 days before they can be assigned a
rating of record. Supervisors and managers apply the appraisal program
in a way that makes appropriate differentiations in performance. These
differentiations reflect overall organizational performance. Employees
receive a written performance appraisal (i.e., a rating of record)
annually. Forced distributions of ratings are prohibited. Each annual
appraisal period will begin on October 1 and end on the following
September 30. Performance appraisals will be completed in a timely
manner to support pay decisions in accordance with section C.
Additional guidance on the NNSA performance appraisal program is
provided through internal operations manuals. Performance appraisal is
an evolutionary process, and changes may be made during the course of
the demonstration project based on findings from our ongoing
evaluations and reviews. Any changes will be communicated to affected
employees, and they will be given a chance to comment before NNSA
implements the changes.
2. Supervisory Accountability
Supervisors are responsible for providing appropriate consequences
for employee performance by addressing poor performance and recognizing
exceptional performance. The performance plans for supervisors and
managers include the degree to which supervisors and managers plan,
assess, monitor, develop, correct, rate, and reward subordinate
employees' performance. It is recognized that specific training must be
provided to prepare supervisors and managers to exercise these
responsibilities. NNSA has provided supervisory training each of the
past three years on philosophical and procedural aspects of its new and
still evolving performance management program (i.e., the lessons
learned in the administration of each performance appraisal cycle have
resulted in refinements each subsequent year). NNSA understands that
this demonstration project will heighten the need for continuing
supervisory training to support the accurate and realistic appraisal of
performance.
3. Reconsideration of Ratings
To support fairness and transparency for the program and its
consequences, employees have an opportunity to request reconsideration
of a rating of record by a management official other than the rating
official. Such reconsiderations must be initiated no more than 15 days
after the official rating of record is assigned, consistent with the
applicable administrative grievance policy. If the reconsideration of
the appraisal results in a different
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rating of record, the revised rating of record will become the basis
for the employee's pay adjustment(s) in accordance with section C. If
the adjustment occurs after all pay deliberations have been finalized,
it does not result in a recalculation of other employees' pay
adjustments.
C. Performance-Based Pay Adjustments
1. Pay Pools
Participating employees whose most recent rating of record is below
Fully Meets Expectations will not receive an annual across-the-board
increase as do GS employees. Funds that otherwise would be spent on the
across-the-board GS pay adjustment, WGIs, and QSIs for demonstration
project employees will instead be placed into a pay pool, which will be
used to fund annual performance-based pay increases for those
employees. The pay pool also may include funds saved through the
elimination of promotion increases for promotions between grades that
are consolidated into the same band. A share mechanism will be used (1)
to ensure that employees with higher ratings of record receive greater
pay increases than employees with relatively lower ratings of record
and (2) to control costs without resorting to a forced distribution of
ratings. Each employee will be assigned a certain number of shares,
based on his or her rating of record in accordance with section C.2.
All employees in the normal band rate range whose rating of record is
at least Fully Meets Expectations will receive an adjustment equal to
at least the amount of the annual GS base pay comparability increase
under 5 U.S.C. 5303.
Participating organizations will establish pay pools for allocating
performance pay increases. NNSA will determine which participating
employees are covered by any pay pool and determine the dollar value of
each pay pool. In setting the value of pay pools, NNSA will initially
allocate an amount for performance pay increases equal to the estimated
value of the WGIs, QSIs, and annual GS pay adjustments that otherwise
would have been paid to participating employees. In computing the
estimated value of WGIs and QSIs, NNSA may use Governmentwide averages.
2. Performance Shares
NNSA will establish rating/share patterns for each pay pool--that
is, the relationship between a rating of record and a single number of
shares. NNSA rating/share patterns will ensure that a higher rating of
record receives a higher performance payout percentage for employees in
the normal rate range.
NNSA may adjust rating/share patterns over time after coordination
with OPM, and after giving affected employees advance notice. A change
in the rating/share pattern may be applied in computing performance-
based pay adjustments based on an appraisal period only if it takes
effect at least 120 days before the e