Reemployment of Civilian Retirees To Meet Exceptional Employment Needs, 53411-53413 [E7-18377]
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53411
Rules and Regulations
Federal Register
Vol. 72, No. 181
Wednesday, September 19, 2007
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 553
RIN 3206–AI32
Reemployment of Civilian Retirees To
Meet Exceptional Employment Needs
Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
SUMMARY: The Office of Personnel
Management (OPM) is issuing final
regulations to amend the criteria under
which OPM may grant dual
compensation (salary offset) waivers on
a case-by-case basis, or delegate waiver
authority to agencies. The intended
effect of these regulations is to more
closely mirror the statutory authority
and ensure that the Director and her
designee(s) possess the full degree of
discretion afforded by the statute in
making particular decisions.
DATES: This rule is effective October 19,
2007.
FOR FURTHER INFORMATION CONTACT:
Janice Warren, by telephone (202) 606–
2367; by fax: (202) 606–2329; by TTY:
(202) 418–3134; or e-mail:
janice.warren@opm.gov.
On July
21, 2006, OPM issued proposed
regulations at 71 FR 41376 to allow
OPM to grant or delegate to agencies the
authority to grant dual compensation
waivers in situations resulting from
emergencies posing an immediate and
direct threat to life or property or
situations resulting from unusual
circumstances that do not involve an
emergency. The proposed rule also
made changes to the section headings
and removed any information
concerning military employees (i.e.,
retired members of the uniformed
services).
yshivers on PROD1PC66 with RULES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:05 Sep 18, 2007
Jkt 211001
Comments
OPM received written comments from
three Federal agencies, and four
individuals that are pertinent to the
proposed changes. A discussion of the
comments is provided below.
Two agencies suggested OPM add
criteria to §§ 553.201(f) and 202 to
address situations where agencies need
to reemploy individuals for succession
planning or knowledge transfer
purposes. One individual suggested
OPM amend §§ 553.201(f) and 202(b) to
establish that an agency’s need for
sustaining critical competencies in
accordance with agency human capital
plans constitutes an unusual
circumstance. OPM is not adopting the
suggestion to amend §§ 553.201(f) and
202(b). OPM seeks to maintain
maximum flexibility and discretion in
its use of this authority. Agency needs
to address gaps in critical competencies
or skills, and/or addressing knowledge
transfer needs, in and of themselves,
will not normally be found to constitute
‘‘other unusual circumstances’’ for
purposes of these provisions.
We do recognize that examples of
what an agency may request under these
sections may be helpful. Other unusual
circumstances may include, but are not
limited to, an agency’s need to conform
to a Congressional or other mandate to
meet a new or expanded mission
requirement by a particular date or the
need to appoint on a temporary basis an
annuitant who possesses a security
clearance, authorization, or other
similar credential required to perform
new or expanded mission-critical work
which no other employee could obtain
within a reasonable time. We intend to
issue supplemental guidance to help an
agency determine whether it can
demonstrate that these criteria have
been met.
One of these agencies suggested OPM
limit waivers granted on a case-by-case
basis or through a delegation of
authority to six months when the
approval was used to address
knowledge transfer. We did not adopt
the suggestion to limit waivers to
address knowledge transfer to six
months because OPM prefers to
maintain maximum flexibility and
discretion in response to agency
knowledge management needs. OPM
encourages agencies to follow
succession or workforce planning
practices, including knowledge
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
management, as part of sound human
capital management.
One agency asked OPM to clarify the
use of the term ‘‘temporary basis’’ as
used in § 553.201(c) and (f). The agency
commented this term implies that
individuals who receive waivers under
part 553 may only receive a temporary
appointment in conjunction with the
waiver. The term ‘‘temporary basis’’
derives from 5 U.S.C. 8344(i)(1)(B) and
8468(f)(1)(B) and reflects the timelimited or non-permanent nature of
emergencies or other unusual
circumstances for which waivers under
this part may be granted. Though
agencies typically give temporary
appointments to individuals for whom
OPM has granted a waiver, agencies
may use any appropriate appointing
authority, per § 553.201(b)(1), when
reemploying individuals.
Two individuals were opposed to the
changes OPM proposed to part 553. One
individual commented the proposed
rule would encourage agencies to
reemploy annuitants rather than recruit
and train new employees to close skills
gaps. The other individual commented
the proposed rule to broaden authority
to re-employ annuitants would increase
skills gap deficiencies because agencies
will rely disproportionately on this
authority in lieu of hiring, training, and
developing newer employees. OPM
disagrees, noting these provisions are
limited to situations involving
exceptional recruiting difficulties and
emergencies or other unusual
circumstances. In addition, salary offset
waivers granted under these provisions
are not intended to be a substitute for
succession planning. Further, use of this
authority may be appropriate for
knowledge management purposes,
which supports the training and
development of newer employees.
One individual suggested OPM
amend §§ 553.201(f) and 202(b) by
including information pertaining to
retention incentives, as an alternative
for people who might otherwise retire
and seek reemployment under this part.
OPM did not adopt this suggestion
because consideration or use of
retention incentives is not a prerequisite
to seeking salary offset waivers or
delegations of authority under this part.
For this reason, we do not believe
including information on such
incentives in §§ 553.201 and 202 is
appropriate. Agencies that choose to
E:\FR\FM\19SER1.SGM
19SER1
yshivers on PROD1PC66 with RULES
53412
Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations
offer retention incentives prior to
consideration of salary-offset waivers
can find the applicable provisions in 5
CFR part 575, subpart C.
One individual suggested OPM
impose a 5-year waiting period from
when an individual retires before an
agency may reemploy the individual
with a salary offset waiver. OPM did not
adopt this suggestion because salary
offset waivers are intended to address
emergency situations, exceptional
recruitment difficulties, or other
unusual circumstances. A waiting
period would inappropriately delay an
agency’s ability to respond to the
particular circumstance for which a
waiver or delegation of authority is
being sought.
One individual suggested that salary
offset waivers will allow annuitants to
be reemployed as contractors, on the
basis of their friendships with officials
in the employing agency, under the
pretense that no qualified employee is
available to perform the work. The
provisions in part 553 do not apply to
contractors, who are not considered
reemployed annuitants for these
purposes.
OPM also received comments from
four Federal agencies, two private
organizations, and one individual,
which went beyond the scope of the
proposed amendments to the regulation.
Because these comments were not
pertinent to the proposed amendments,
OPM is not responding to them. The
comments are listed below.
Two agencies commented on the issue
of delegating salary offset waiver
authority to Federal agencies. One of
these agencies suggested OPM delegate
waiver authority to agency heads for all
waivers expected to last less than one
year.
The other agency suggested OPM
provide for re-delegation of OPMapproved waiver authority, from the
agency head to components within the
agency.
This same agency suggested we add
language to § 553.203 which states that
reemployed annuitants under this part
are subject to Social Security tax.
This same agency also suggested OPM
establish guidelines for agencies to
follow when submitting salary offset
waiver requests.
One agency suggested the final rules
allow agencies to waive the salary offset
to fill positions on either a full-time,
part-time or as-needed work schedule
limited to 180 days or less.
This same agency suggested the final
regulations allow agencies with specific
non-annual, but recurring or cyclical
work to rehire annuitants with a salary
VerDate Aug<31>2005
15:05 Sep 18, 2007
Jkt 211001
off-set waiver to assist in completing
these on-going projects.
One agency asked OPM to describe
whether use of this authority will result
in any costs to the employing agency
(i.e., the agency to which OPM has
granted a waiver on a case-by-case basis
or delegated authority).
One private organization asked
whether the proposed rule would have
any impact on firefighters hired under
the administratively determined pay
plan authority initially granted to the
Forest Service in 1951.
One individual suggested all Federal
retirees receive full salary compensation
without an offset upon reemployment in
the same manner as military retirees.
The same individual suggested
reemployed annuitants should be
allowed to contribute to the Thrift
Savings Plan (TSP), without agencies
being required to provide matching
contributions.
An individual suggested OPM provide
delegation of waiver authority to
members of the Senior Executive
Service (SES) or general military flag
officers, in addition to heads of
agencies.
One individual asked whether OPM
would provide a website listing
positions, which may be filled by
reemployed annuitants with salary,
offset waivers. Before filling positions
with reemployed annuitants under part
553, agencies must follow the
appropriate public notice requirements
applicable to the position being filled.
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities
because it affects only certain potential
applicants and Federal employees.
Executive Order 12866, Regulatory
Review
This rule has been reviewed by the
Office of Management and Budget in
accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 553
Administrative practice and
procedure, Government employees,
Military personnel, Retirement, and
Wages.
Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, OPM is amending 5 CFR
part 553 as follows:
I
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
PART 553—REEMPLOYMENT OF
CIVILIAN RETIREES TO MEET
EXCEPTIONAL EMPLOYMENT NEEDS
1. The authority citation for part 553
continues to read as follows:
I
Authority: 5 U.S.C. 8344, 8468, Sec. 651,
Pub. L. 106–65 (113 Stat. 664).
2. The heading for part 553 is revised
as set forth above.
I
Subpart B—Special Provisions for
Reemployment Without Penalty To
Meet Exceptional Recruiting or
Retention Needs
3. Section 553.201 is amended by
revising the section heading, paragraphs
(a) and (b)(2), and the introductory text
to paragraph (c); removing paragraph
(b)(4); redesignating paragraph (f) as
paragraph (g); and adding a new
paragraph (f) to read as follows:
I
§ 553.201 Requesting OPM approval for
reemployment without reduction or
termination of annuity in individual cases.
(a) Request by agency head. The head
of an agency may request OPM to
approve individual exceptions on a
case-by-case basis to meet temporary
hiring needs based on an emergency or
other unusual circumstances or when
the agency has encountered exceptional
difficulty in recruiting or retaining a
qualified candidate for a particular
position. Authority to submit such a
request may not be redelegated to an
official below the agency’s headquarters
level.
(b) * * *
(2) The request must be submitted in
accordance with the criteria set out in
paragraphs (c), (d), (e), or (f) of this
section.
*
*
*
*
*
(c) Requests based on an emergency
hiring need. An agency may request
reemployment without penalty for an
individual whose services are needed
on a temporary basis to respond to an
emergency involving a direct threat to
life or property. Requests submitted on
that basis must meet the following
criteria:
*
*
*
*
*
(f) Requests based on other unusual
circumstances. An agency may request
reemployment without penalty for an
individual whose services are needed
on a temporary basis due to other
unusual circumstances. Agencies must
provide justification describing the
unusual circumstances.
*
*
*
*
*
I 4. Section 553.202 is amended by
revising the section heading and
paragraph (b)(1) to read as follows:
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Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations
§ 553.202 Request for delegation of
authority to approve reemployment without
reduction or termination of annuity in
emergencies or other unusual
circumstances.
*
*
*
*
*
(b) * * *
(1) Description of the situations for
which authority is requested. The
situation must result from emergencies
posing immediate and direct threat to
life or property or from other unusual
circumstances.
*
*
*
*
*
I 5. Section 553.203 is revised to read
as follows:
§ 553.203 Status of individuals serving
without reduction.
Annuitants reemployed with full
salary and annuity under an exception
granted in accordance with this part are
not considered employees for purposes
of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code.
They may not elect to have retirement
contributions withheld from their pay;
they may not use any employment for
which an exception is granted as a basis
for a supplemental or recomputed
annuity; and they may not participate in
the Thrift Savings Plan.
[FR Doc. E7–18377 Filed 9–18–07; 8:45 am]
BILLING CODE 6325–39–P
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
5 CFR Parts 1600, 1605, 1631, 1651,
1655 and 1690
Employee Contribution Election and
Contribution Allocations; Correction of
Administrative Errors; Availability of
Records; Death Benefits; Loan
Program; Thrift Savings Plan
Federal Retirement Thrift
Investment Board
ACTION: Final rule.
yshivers on PROD1PC66 with RULES
AGENCY:
SUMMARY: The Federal Retirement Thrift
Investment Board (Agency) is amending
the Thrift Savings Plan (TSP)
regulations to provide additional means
to verify that an amount is eligible for
rollover to the TSP as authorized by the
Treasury Regulations interpreting I.R.C.
401(a)(31), to provide that the
procedures applicable to an employee
who was misclassified as either CSRS or
FERS and the retirement system is
corrected to FICA also apply to an
employee who elects retroactive nonappropriated fund retirement coverage,
and to provide that it will authenticate
records in a manner consistent with
Federal law and regulations. The
VerDate Aug<31>2005
16:34 Sep 18, 2007
Jkt 211001
Agency is also amending the TSP
regulations to provide that it will allow
a non-spouse beneficiary to transfer a
death benefit payment to an inherited
IRA as authorized by the Pension
Protection Act of 2006, to provide that
a bankruptcy court now lacks
jurisdiction over a TSP loan as provided
in the Bankruptcy Abuse and Consumer
Protection Act of 2005, and to eliminate
examples of general and special powers
of attorney (some of which are no longer
acceptable to the Agency) and, instead,
direct participants to a sample form at
the TSP Web site.
DATES: Effective September 19, 2007.
FOR FURTHER INFORMATION CONTACT:
Megan Graziano on (202) 942–1644.
SUPPLEMENTARY INFORMATION: The
Agency administers the TSP, which was
established by the Federal Employees’
Retirement System Act of 1986
(FERSA), Public Law 99–335, 100 Stat.
514. The TSP provisions of FERSA are
codified, as amended, largely at 5 U.S.C.
8351 and 8401–79. The TSP is a taxdeferred retirement savings plan for
Federal civilian employees and
members of the uniformed services. The
TSP is similar to cash or deferred
arrangements established for privatesector employees under section 401(k)
of the Internal Revenue Code (26 U.S.C.
401(k)).
On August 10, 2007, the Agency
published proposed rules with request
for comments in the Federal Register
(72 FR 44982). The Agency received one
comment which stated that the Agency
should accept any power of attorney
that is properly executed and verifiable
and that the Agency should not
encourage the use of general powers of
attorney. The Agency agrees and
believes that this is consistent with the
intent of the proposed rule. The
remainder of this comment dealt with
matters outside the scope of the
proposed rule change. Therefore, the
Executive Director is publishing the
proposed rules as final without change.
Regulatory Flexibility Act
53413
653, 1501–1571, the effects of this
regulation on State, local, and tribal
governments and the private sector have
been assessed. This regulation will not
compel the expenditure in any one year
of $100 million or more by State, local,
and tribal governments, in the aggregate,
or by the private sector. Therefore, a
statement under § 1532 is not required.
Submission to Congress and the
Government Accountability Office
Pursuant to 5 U.S.C. 810(a)(1)(A), the
Agency submitted a report containing
this rule and other required information
to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States before
publication of this rule in the Federal
Register. This rule is not a major rule as
defined at 5 U.S.C. 814(2).
List of Subjects
5 CFR Parts 1600, 1690
Government employees, Pensions,
Retirement.
5 CFR Parts 1605, 1651
Claims, Government employees,
Pensions, Retirement.
5 CFR Part 1631
Courts, Freedom of information,
Government employees.
5 CFR Part 1655
Credit, Government employees,
Pensions, Retirement.
Gregory T. Long,
Executive Director, Federal Retirement Thrift
Investment Board.
For the reasons set forth in the
preamble, the Agency is amending 5
CFR chapter VI as follows:
I
PART 1600—EMPLOYEE
CONTRIBUTION ELECTIONS AND
CONTRIBUTION
1. The authority citation for part 1600
continues to read as follows:
I
Authority: 5 U.S.C. 8351, 8432(a),
8432(b)(1)(A), 8432(j), 8474(b)(5) and (c)(1).
I certify that these regulations will not
have a significant economic impact on
a substantial number of small entities.
They will affect only employees of the
Federal Government.
I
Paperwork Reduction Act
§ 1600.32 Methods for transferring eligible
rollover distribution to TSP.
I certify that these regulations do not
require additional reporting under the
criteria of the Paperwork Reduction Act.
Unfunded Mandates Reform Act of
1995
Pursuant to the Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 602, 632,
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Frm 00003
Fmt 4700
Sfmt 4700
2. Amend § 1600.32 by removing the
second sentence of paragraph (a) and
adding two sentences in its place, and
revising paragraph (b)(2) to read as
follows:
*
*
*
*
*
(a) * * * The administrator or trustee
must either complete the appropriate
section of the form and forward the
completed form and the distribution to
the TSP record keeper or the Agency
must receive sufficient evidence from
E:\FR\FM\19SER1.SGM
19SER1
]]>Agencies
[Federal Register Volume 72, Number 181 (Wednesday, September 19, 2007)]
[Rules and Regulations]
[Pages 53411-53413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18377]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 /
Rules and Regulations
[[Page 53411]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 553
RIN 3206-AI32
Reemployment of Civilian Retirees To Meet Exceptional Employment
Needs
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations to amend the criteria under which OPM may grant dual
compensation (salary offset) waivers on a case-by-case basis, or
delegate waiver authority to agencies. The intended effect of these
regulations is to more closely mirror the statutory authority and
ensure that the Director and her designee(s) possess the full degree of
discretion afforded by the statute in making particular decisions.
DATES: This rule is effective October 19, 2007.
FOR FURTHER INFORMATION CONTACT: Janice Warren, by telephone (202) 606-
2367; by fax: (202) 606-2329; by TTY: (202) 418-3134; or e-mail:
janice.warren@opm.gov.
SUPPLEMENTARY INFORMATION: On July 21, 2006, OPM issued proposed
regulations at 71 FR 41376 to allow OPM to grant or delegate to
agencies the authority to grant dual compensation waivers in situations
resulting from emergencies posing an immediate and direct threat to
life or property or situations resulting from unusual circumstances
that do not involve an emergency. The proposed rule also made changes
to the section headings and removed any information concerning military
employees (i.e., retired members of the uniformed services).
Comments
OPM received written comments from three Federal agencies, and four
individuals that are pertinent to the proposed changes. A discussion of
the comments is provided below.
Two agencies suggested OPM add criteria to Sec. Sec. 553.201(f)
and 202 to address situations where agencies need to reemploy
individuals for succession planning or knowledge transfer purposes. One
individual suggested OPM amend Sec. Sec. 553.201(f) and 202(b) to
establish that an agency's need for sustaining critical competencies in
accordance with agency human capital plans constitutes an unusual
circumstance. OPM is not adopting the suggestion to amend Sec. Sec.
553.201(f) and 202(b). OPM seeks to maintain maximum flexibility and
discretion in its use of this authority. Agency needs to address gaps
in critical competencies or skills, and/or addressing knowledge
transfer needs, in and of themselves, will not normally be found to
constitute ``other unusual circumstances'' for purposes of these
provisions.
We do recognize that examples of what an agency may request under
these sections may be helpful. Other unusual circumstances may include,
but are not limited to, an agency's need to conform to a Congressional
or other mandate to meet a new or expanded mission requirement by a
particular date or the need to appoint on a temporary basis an
annuitant who possesses a security clearance, authorization, or other
similar credential required to perform new or expanded mission-critical
work which no other employee could obtain within a reasonable time. We
intend to issue supplemental guidance to help an agency determine
whether it can demonstrate that these criteria have been met.
One of these agencies suggested OPM limit waivers granted on a
case-by-case basis or through a delegation of authority to six months
when the approval was used to address knowledge transfer. We did not
adopt the suggestion to limit waivers to address knowledge transfer to
six months because OPM prefers to maintain maximum flexibility and
discretion in response to agency knowledge management needs. OPM
encourages agencies to follow succession or workforce planning
practices, including knowledge management, as part of sound human
capital management.
One agency asked OPM to clarify the use of the term ``temporary
basis'' as used in Sec. 553.201(c) and (f). The agency commented this
term implies that individuals who receive waivers under part 553 may
only receive a temporary appointment in conjunction with the waiver.
The term ``temporary basis'' derives from 5 U.S.C. 8344(i)(1)(B) and
8468(f)(1)(B) and reflects the time-limited or non-permanent nature of
emergencies or other unusual circumstances for which waivers under this
part may be granted. Though agencies typically give temporary
appointments to individuals for whom OPM has granted a waiver, agencies
may use any appropriate appointing authority, per Sec. 553.201(b)(1),
when reemploying individuals.
Two individuals were opposed to the changes OPM proposed to part
553. One individual commented the proposed rule would encourage
agencies to reemploy annuitants rather than recruit and train new
employees to close skills gaps. The other individual commented the
proposed rule to broaden authority to re-employ annuitants would
increase skills gap deficiencies because agencies will rely
disproportionately on this authority in lieu of hiring, training, and
developing newer employees. OPM disagrees, noting these provisions are
limited to situations involving exceptional recruiting difficulties and
emergencies or other unusual circumstances. In addition, salary offset
waivers granted under these provisions are not intended to be a
substitute for succession planning. Further, use of this authority may
be appropriate for knowledge management purposes, which supports the
training and development of newer employees.
One individual suggested OPM amend Sec. Sec. 553.201(f) and 202(b)
by including information pertaining to retention incentives, as an
alternative for people who might otherwise retire and seek reemployment
under this part. OPM did not adopt this suggestion because
consideration or use of retention incentives is not a prerequisite to
seeking salary offset waivers or delegations of authority under this
part. For this reason, we do not believe including information on such
incentives in Sec. Sec. 553.201 and 202 is appropriate. Agencies that
choose to
[[Page 53412]]
offer retention incentives prior to consideration of salary-offset
waivers can find the applicable provisions in 5 CFR part 575, subpart
C.
One individual suggested OPM impose a 5-year waiting period from
when an individual retires before an agency may reemploy the individual
with a salary offset waiver. OPM did not adopt this suggestion because
salary offset waivers are intended to address emergency situations,
exceptional recruitment difficulties, or other unusual circumstances. A
waiting period would inappropriately delay an agency's ability to
respond to the particular circumstance for which a waiver or delegation
of authority is being sought.
One individual suggested that salary offset waivers will allow
annuitants to be reemployed as contractors, on the basis of their
friendships with officials in the employing agency, under the pretense
that no qualified employee is available to perform the work. The
provisions in part 553 do not apply to contractors, who are not
considered reemployed annuitants for these purposes.
OPM also received comments from four Federal agencies, two private
organizations, and one individual, which went beyond the scope of the
proposed amendments to the regulation. Because these comments were not
pertinent to the proposed amendments, OPM is not responding to them.
The comments are listed below.
Two agencies commented on the issue of delegating salary offset
waiver authority to Federal agencies. One of these agencies suggested
OPM delegate waiver authority to agency heads for all waivers expected
to last less than one year.
The other agency suggested OPM provide for re-delegation of OPM-
approved waiver authority, from the agency head to components within
the agency.
This same agency suggested we add language to Sec. 553.203 which
states that reemployed annuitants under this part are subject to Social
Security tax.
This same agency also suggested OPM establish guidelines for
agencies to follow when submitting salary offset waiver requests.
One agency suggested the final rules allow agencies to waive the
salary offset to fill positions on either a full-time, part-time or as-
needed work schedule limited to 180 days or less.
This same agency suggested the final regulations allow agencies
with specific non-annual, but recurring or cyclical work to rehire
annuitants with a salary off-set waiver to assist in completing these
on-going projects.
One agency asked OPM to describe whether use of this authority will
result in any costs to the employing agency (i.e., the agency to which
OPM has granted a waiver on a case-by-case basis or delegated
authority).
One private organization asked whether the proposed rule would have
any impact on firefighters hired under the administratively determined
pay plan authority initially granted to the Forest Service in 1951.
One individual suggested all Federal retirees receive full salary
compensation without an offset upon reemployment in the same manner as
military retirees.
The same individual suggested reemployed annuitants should be
allowed to contribute to the Thrift Savings Plan (TSP), without
agencies being required to provide matching contributions.
An individual suggested OPM provide delegation of waiver authority
to members of the Senior Executive Service (SES) or general military
flag officers, in addition to heads of agencies.
One individual asked whether OPM would provide a website listing
positions, which may be filled by reemployed annuitants with salary,
offset waivers. Before filling positions with reemployed annuitants
under part 553, agencies must follow the appropriate public notice
requirements applicable to the position being filled.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it affects
only certain potential applicants and Federal employees.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 553
Administrative practice and procedure, Government employees,
Military personnel, Retirement, and Wages.
Office of Personnel Management.
Linda M. Springer,
Director.
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Accordingly, OPM is amending 5 CFR part 553 as follows:
PART 553--REEMPLOYMENT OF CIVILIAN RETIREES TO MEET EXCEPTIONAL
EMPLOYMENT NEEDS
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1. The authority citation for part 553 continues to read as follows:
Authority: 5 U.S.C. 8344, 8468, Sec. 651, Pub. L. 106-65 (113
Stat. 664).
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2. The heading for part 553 is revised as set forth above.
Subpart B--Special Provisions for Reemployment Without Penalty To
Meet Exceptional Recruiting or Retention Needs
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3. Section 553.201 is amended by revising the section heading,
paragraphs (a) and (b)(2), and the introductory text to paragraph (c);
removing paragraph (b)(4); redesignating paragraph (f) as paragraph
(g); and adding a new paragraph (f) to read as follows:
Sec. 553.201 Requesting OPM approval for reemployment without
reduction or termination of annuity in individual cases.
(a) Request by agency head. The head of an agency may request OPM
to approve individual exceptions on a case-by-case basis to meet
temporary hiring needs based on an emergency or other unusual
circumstances or when the agency has encountered exceptional difficulty
in recruiting or retaining a qualified candidate for a particular
position. Authority to submit such a request may not be redelegated to
an official below the agency's headquarters level.
(b) * * *
(2) The request must be submitted in accordance with the criteria
set out in paragraphs (c), (d), (e), or (f) of this section.
* * * * *
(c) Requests based on an emergency hiring need. An agency may
request reemployment without penalty for an individual whose services
are needed on a temporary basis to respond to an emergency involving a
direct threat to life or property. Requests submitted on that basis
must meet the following criteria:
* * * * *
(f) Requests based on other unusual circumstances. An agency may
request reemployment without penalty for an individual whose services
are needed on a temporary basis due to other unusual circumstances.
Agencies must provide justification describing the unusual
circumstances.
* * * * *
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4. Section 553.202 is amended by revising the section heading and
paragraph (b)(1) to read as follows:
[[Page 53413]]
Sec. 553.202 Request for delegation of authority to approve
reemployment without reduction or termination of annuity in emergencies
or other unusual circumstances.
* * * * *
(b) * * *
(1) Description of the situations for which authority is requested.
The situation must result from emergencies posing immediate and direct
threat to life or property or from other unusual circumstances.
* * * * *
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5. Section 553.203 is revised to read as follows:
Sec. 553.203 Status of individuals serving without reduction.
Annuitants reemployed with full salary and annuity under an
exception granted in accordance with this part are not considered
employees for purposes of subchapter III of chapter 83 or chapter 84 of
title 5, United States Code. They may not elect to have retirement
contributions withheld from their pay; they may not use any employment
for which an exception is granted as a basis for a supplemental or
recomputed annuity; and they may not participate in the Thrift Savings
Plan.
[FR Doc. E7-18377 Filed 9-18-07; 8:45 am]
BILLING CODE 6325-39-P
