Determining Rate of Basic Pay; Collection by Offset From Indebted Government Employees, 23937-23938 [E9-12006]
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23937
Rules and Regulations
Federal Register
Vol. 74, No. 98
Friday, May 22, 2009
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 531 and 550
RIN 3206–AL61
Determining Rate of Basic Pay;
Collection by Offset From Indebted
Government Employees
U.S. Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
SUMMARY: The U.S. Office of Personnel
Management is issuing final regulations
to conform with provisions of the
National Defense Authorization Act for
Fiscal Year 2008. The final regulations
revise the rules regarding setting pay for
certain employees who move from
nonappropriated fund instrumentality
(NAFI) positions to General Schedule
positions. Also, the final regulations
allow certain NAFIs to collect debts
owed to them by Federal employees via
salary offset and allow Federal agencies
to collect debts by offsetting salary
payments of certain NAFI employees.
DATES: The regulations are effective on
June 22, 2009.
FOR FURTHER INFORMATION CONTACT:
David Barash by telephone at (202) 606–
2858; by fax at (202) 606–0824; or by
e-mail at pay-performancepolicy@opm.gov.
On August
27, 2008, the U.S. Office of Personnel
Management (OPM) issued proposed
regulations (73 FR 50575) to revise the
rules regarding setting pay for certain
employees who move from
nonappropriated fund instrumentality
(NAFI) positions to General Schedule
(GS) positions. Also, the regulations
proposed to allow certain NAFIs to
collect debts owed to them by Federal
employees via salary offset and allow
Federal agencies to collect debts by
offsetting salary payments of certain
erowe on PROD1PC63 with RULES
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
13:10 May 21, 2009
Jkt 217001
NAFI employees. OPM issued the
proposed regulations to conform with
sections 652 and 1114 of the National
Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110–181, January 28,
2008), hereafter referred to as ‘‘the Act.’’
These sections became effective on
January 28, 2008. (Note: We issued
guidance, including examples, as a
complement to the changes in law
under section 1114 of the Act regarding
pay setting. We encourage agencies and
employees to review these materials on
OPM’s Web site at https://www.opm.gov/
oca/pay/HTML/NAFI.asp.)
The 60-day comment period for the
proposed regulations ended on October
27, 2008. This Federal Register notice
addresses the one comment we received
from an individual.
Comment Applicable to General
Schedule Basic Pay Setting
The individual commented on the
proposed revisions to the pay-setting
rules. Proposed 5 CFR 531.216(c)
provides that when an employee moves
voluntarily to a GS position in the
Department of Defense (DOD) or the
United States Coast Guard (USCG) from
a NAFI position in DOD or USCG,
respectively, without a break in service
of more than 3 days, the agency may set
the employee’s rate of basic pay above
the minimum step based on the
employee’s NAFI highest previous rate
(HPR). The agency also may use the
maximum payable rate rule in § 531.221
based on a non-NAFI rate of basic pay
if that rule produces a higher rate than
using the employee’s NAFI HPR.
Under § 531.216(d), when such an
employee in DOD or USCG is moved
involuntarily to a GS position from a
NAFI position in DOD or USCG,
respectively, without a break in service
of more than 3 days, the employee is
entitled to an initial payable rate of
basic pay at the lowest step rate of the
GS grade that is equal to or greater than
the employee’s rate of basic pay in the
NAFI position immediately before the
move.
The individual expressed concern
about the additional costs for such paysetting rules and believed that every
move to a GS position will result in a
pay increase. The individual
recommended that OPM provide cost
data.
We disagree and are not adopting this
recommendation. Because of the small
number of affected employees and the
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
limited conditions under which the paysetting rules may be applied, the
incrementally higher cost of setting pay
under the revised rules is negligible. In
addition, a covered NAFI employee
would not necessarily receive a pay
increase when he or she moves
voluntarily to a GS position; his or her
NAFI HPR could equal a GS step rate,
for example, or the agency may set the
employee’s pay at any GS step rate
below the employee’s NAFI HPR or nonNAFI maximum payable rate.
The commenter also recommended
that OPM revise the regulations to
ensure that employees who move to pay
banding positions do not receive a pay
increase. This recommendation is
outside of the scope of the regulations.
The regulations provide the pay-setting
rules for NAFI employees moving to GS
positions, not NAFI employees moving
to pay banding positions.
Therefore, we are adopting the
proposed rule as final without a change.
E.O. 12866, Regulatory Review
This rule has been reviewed by the
Office of Management and Budget in
accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations will not
have a significant economic impact on
a substantial number of small entities
because they will apply only to Federal
agencies and employees.
List of Subjects in 5 CFR Parts 531 and
550
Administrative practice and
procedure, Claims, Government
employees, Law enforcement officers,
Wages.
John Berry,
Director, U.S. Office of Personnel
Management.
Accordingly, OPM amends 5 CFR
parts 531 and 550 as follows:
■
PART 531—PAY UNDER THE
GENERAL SCHEDULE
1. The authority citation for part 531
is revised to read as follows:
■
Authority: 5 U.S.C. 5115, 5307, and 5338;
sec. 4 of Public Law 103–89, 107 Stat. 981;
and E.O. 12748, 56 FR 4521, 3 CFR, 1991
Comp., p. 316; Subpart B also issued under
5 U.S.C. 5303(g), 5305, 5333, 5334(a) and (b),
and 7701(b)(2); Subpart D also issued under
5 U.S.C. 5335 and 7701(b)(2); Subpart E also
issued under 5 U.S.C. 5336; Subpart F also
E:\FR\FM\22MYR1.SGM
22MYR1
23938
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations
issued under 5 U.S.C. 5304 and 5305; E.O.
12883, 58 FR 63281, 3 CFR, 1993 Comp., p.
682; and E.O. 13106, 63 FR 68151, 3 CFR,
1998 Comp., p. 224.
Subpart B—Determining Rate of Basic
Pay
2. In § 531.216, paragraphs (a), (c)(1),
(c)(2)(i), (c)(2)(ii), (d)(1), and (d)(2)(i) are
revised to read as follows:
■
erowe on PROD1PC63 with RULES
§ 531.216 Setting pay when an employee
moves from a Department of Defense or
Coast Guard nonappropriated fund
instrumentality.
(a) General. This section governs the
setting of pay for an employee who
moves to a GS position in the
Department of Defense or the Coast
Guard from a position in a
nonappropriated fund instrumentality
(NAFI) (as described in 5 U.S.C. 2105(c))
of the Department of Defense or the
Coast Guard, respectively, without a
break in service of more than 3 days. If
an employee moves from a NAFI
position to a GS position with a break
of more than 3 days or moves from a
NAFI position in the Department of
Defense or the Coast Guard to a GS
position outside of the Department of
Defense or the Coast Guard,
respectively, the employee has no
special conversion rights and this
section does not apply.
*
*
*
*
*
(c) Voluntary move. (1) For a
Department of Defense or Coast Guard
employee who moves voluntarily,
without a break in service of more than
3 days, from a NAFI position in the
Department of Defense or the Coast
Guard to a GS position in the
Department of Defense or the Coast
Guard, respectively, the agency may set
the employee’s initial payable rate of
basic pay at the lowest step rate in the
highest applicable rate range currently
in effect for the employee’s GS position
of record and official worksite which
equals or exceeds the employee’s NAFI
highest previous rate of pay, or any
lower step rate, except as provided in
paragraph (c)(2) or (3) of this section.
The employee’s initial payable rate of
basic pay may not exceed the maximum
step rate (step 10).
(2) * * *
(i) Compare the NAFI highest
previous rate to the highest applicable
rate range currently in effect in the
location where the employee was
stationed while earning that rate. The
highest applicable rate range is
determined based on the pay schedules
that would be applicable to the
employee’s current GS position of
record if the employee were stationed in
that location. Identify the lowest step
VerDate Nov<24>2008
13:10 May 21, 2009
Jkt 217001
rate in the highest applicable rate range
that was equal to or exceeded the NAFI
highest previous rate. If the NAFI
highest previous rate is less than the
range minimum, identify the minimum
step rate (step 1). If the NAFI highest
previous rate exceeds the range
maximum, identify the maximum step
rate (step 10).
(ii) Identify the step rate in the highest
applicable rate range for the employee’s
current official worksite and position of
record that corresponds to the step rate
derived under paragraph (c)(2)(i) of this
section. That corresponding rate is the
maximum payable rate at which the
agency may set the employee’s pay
under this section, except as provided
by paragraph (c)(3) of this section. The
agency may set the employee’s rate of
basic pay at any step rate that does not
exceed that maximum payable rate.
*
*
*
*
*
(d) Involuntary move. (1) For a
Department of Defense or Coast Guard
employee who is moved involuntarily
(as defined in paragraph (d)(3) of this
section), without a break in service of
more than 3 days, from a NAFI position
in the Department of Defense or the
Coast Guard to a GS position with
substantially the same duties in the
Department of Defense or the Coast
Guard, respectively, the employee is
entitled to an initial payable rate of
basic pay at the lowest step rate of the
grade that is equal to or greater than the
employee’s rate of basic pay in the NAFI
position immediately before the move. If
the employee’s former NAFI rate
exceeds the range maximum, identify
the maximum step rate (step 10).
(2) * * *
(i) The lowest step rate within the
highest applicable rate range for the
employee’s GS position of record and
official worksite that equals or exceeds
the employee’s NAFI highest previous
rate, or any lower step rate (consistent
with the method prescribed in
paragraphs (c)(1) and (2) of this section);
*
*
*
*
*
PART 550—PAY ADMINISTRATION
(GENERAL)
Subpart K—Collection by Offset From
Indebted Government Employees
3. The authority citation for subpart K
of part 550 continues to read as follows:
■
Authority: 5 U.S.C. 5514; sec. 8(1) of E.O.
11609; redesignated in sec. 2–1 of E.O.
12107.
4. In § 550.1103, the definition of
agency is revised to read as follows:
■
§ 550.1103
Definitions.
*
*
PO 00000
*
Frm 00002
*
Fmt 4700
*
Sfmt 4700
Agency means an executive
department or agency; a military
department; the United States Postal
Service; the Postal Regulatory
Commission; any nonappropriated fund
instrumentality described in 5 U.S.C.
2105(c); the United States Senate; the
United States House of Representatives;
any court, court administrative office, or
instrumentality in the judicial or
legislative branches of the Government;
or a Government corporation. If an
agency under this definition is a
component of an agency, the broader
definition of agency may be used in
applying the provisions of 5 U.S.C.
5514(b) (concerning the authority to
prescribe regulations).
*
*
*
*
*
[FR Doc. E9–12006 Filed 5–21–09; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0473; Directorate
Identifier 2009–CE–027–AD; Amendment
39–15915; AD 2009–11–05]
RIN 2120–AA64
Airworthiness Directives; Air Tractor,
Inc. Models AT–400, AT–400A, AT–402,
AT–402A, AT–402B, AT–502, AT–502A,
AT–502B, AT–503A, AT–602, AT–802,
and AT–802A Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
SUMMARY: We are adopting a new
airworthiness directive (AD) to
supersede AD 2008–10–12, which
applies to certain Air Tractor, Inc. AT–
400, AT–500, AT–600, and AT–800
series airplanes. AD 2008–10–12
currently requires repetitively
inspecting the engine mounts for cracks,
repairing any crack damage found, and
installing gussets as a terminating action
for the repetitive inspections. This AD
results from a report of a Model AT–602
airplane with a crack completely
through the gusset that was installed as
required in AD 2008–10–12.
Consequently, this AD would require
you to continue repetitively inspecting
the engine mounts for cracks for all
previously affected Air Tractor, Inc.
AT–400, AT–500, AT–600, and AT–800
series airplanes with or without gussets
installed, and repairing any crack
damage found. We are issuing this AD
to detect and correct cracks in the
E:\FR\FM\22MYR1.SGM
22MYR1
]]>Agencies
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Rules and Regulations]
[Pages 23937-23938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12006]
========================================================================
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. 74, No. 98 / Friday, May 22, 2009 / Rules and
Regulations
[[Page 23937]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 531 and 550
RIN 3206-AL61
Determining Rate of Basic Pay; Collection by Offset From Indebted
Government Employees
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management is issuing final
regulations to conform with provisions of the National Defense
Authorization Act for Fiscal Year 2008. The final regulations revise
the rules regarding setting pay for certain employees who move from
nonappropriated fund instrumentality (NAFI) positions to General
Schedule positions. Also, the final regulations allow certain NAFIs to
collect debts owed to them by Federal employees via salary offset and
allow Federal agencies to collect debts by offsetting salary payments
of certain NAFI employees.
DATES: The regulations are effective on June 22, 2009.
FOR FURTHER INFORMATION CONTACT: David Barash by telephone at (202)
606-2858; by fax at (202) 606-0824; or by e-mail at pay-performance-policy@opm.gov.
SUPPLEMENTARY INFORMATION: On August 27, 2008, the U.S. Office of
Personnel Management (OPM) issued proposed regulations (73 FR 50575) to
revise the rules regarding setting pay for certain employees who move
from nonappropriated fund instrumentality (NAFI) positions to General
Schedule (GS) positions. Also, the regulations proposed to allow
certain NAFIs to collect debts owed to them by Federal employees via
salary offset and allow Federal agencies to collect debts by offsetting
salary payments of certain NAFI employees. OPM issued the proposed
regulations to conform with sections 652 and 1114 of the National
Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181,
January 28, 2008), hereafter referred to as ``the Act.'' These sections
became effective on January 28, 2008. (Note: We issued guidance,
including examples, as a complement to the changes in law under section
1114 of the Act regarding pay setting. We encourage agencies and
employees to review these materials on OPM's Web site at https://www.opm.gov/oca/pay/HTML/NAFI.asp.)
The 60-day comment period for the proposed regulations ended on
October 27, 2008. This Federal Register notice addresses the one
comment we received from an individual.
Comment Applicable to General Schedule Basic Pay Setting
The individual commented on the proposed revisions to the pay-
setting rules. Proposed 5 CFR 531.216(c) provides that when an employee
moves voluntarily to a GS position in the Department of Defense (DOD)
or the United States Coast Guard (USCG) from a NAFI position in DOD or
USCG, respectively, without a break in service of more than 3 days, the
agency may set the employee's rate of basic pay above the minimum step
based on the employee's NAFI highest previous rate (HPR). The agency
also may use the maximum payable rate rule in Sec. 531.221 based on a
non-NAFI rate of basic pay if that rule produces a higher rate than
using the employee's NAFI HPR.
Under Sec. 531.216(d), when such an employee in DOD or USCG is
moved involuntarily to a GS position from a NAFI position in DOD or
USCG, respectively, without a break in service of more than 3 days, the
employee is entitled to an initial payable rate of basic pay at the
lowest step rate of the GS grade that is equal to or greater than the
employee's rate of basic pay in the NAFI position immediately before
the move.
The individual expressed concern about the additional costs for
such pay-setting rules and believed that every move to a GS position
will result in a pay increase. The individual recommended that OPM
provide cost data.
We disagree and are not adopting this recommendation. Because of
the small number of affected employees and the limited conditions under
which the pay-setting rules may be applied, the incrementally higher
cost of setting pay under the revised rules is negligible. In addition,
a covered NAFI employee would not necessarily receive a pay increase
when he or she moves voluntarily to a GS position; his or her NAFI HPR
could equal a GS step rate, for example, or the agency may set the
employee's pay at any GS step rate below the employee's NAFI HPR or
non-NAFI maximum payable rate.
The commenter also recommended that OPM revise the regulations to
ensure that employees who move to pay banding positions do not receive
a pay increase. This recommendation is outside of the scope of the
regulations. The regulations provide the pay-setting rules for NAFI
employees moving to GS positions, not NAFI employees moving to pay
banding positions.
Therefore, we are adopting the proposed rule as final without a
change.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will apply only to Federal agencies and employees.
List of Subjects in 5 CFR Parts 531 and 550
Administrative practice and procedure, Claims, Government
employees, Law enforcement officers, Wages.
John Berry,
Director, U.S. Office of Personnel Management.
0
Accordingly, OPM amends 5 CFR parts 531 and 550 as follows:
PART 531--PAY UNDER THE GENERAL SCHEDULE
0
1. The authority citation for part 531 is revised to read as follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Public Law
103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991
Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5305,
5333, 5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5
U.S.C. 5335 and 7701(b)(2); Subpart E also issued under 5 U.S.C.
5336; Subpart F also
[[Page 23938]]
issued under 5 U.S.C. 5304 and 5305; E.O. 12883, 58 FR 63281, 3 CFR,
1993 Comp., p. 682; and E.O. 13106, 63 FR 68151, 3 CFR, 1998 Comp.,
p. 224.
Subpart B--Determining Rate of Basic Pay
0
2. In Sec. 531.216, paragraphs (a), (c)(1), (c)(2)(i), (c)(2)(ii),
(d)(1), and (d)(2)(i) are revised to read as follows:
Sec. 531.216 Setting pay when an employee moves from a Department of
Defense or Coast Guard nonappropriated fund instrumentality.
(a) General. This section governs the setting of pay for an
employee who moves to a GS position in the Department of Defense or the
Coast Guard from a position in a nonappropriated fund instrumentality
(NAFI) (as described in 5 U.S.C. 2105(c)) of the Department of Defense
or the Coast Guard, respectively, without a break in service of more
than 3 days. If an employee moves from a NAFI position to a GS position
with a break of more than 3 days or moves from a NAFI position in the
Department of Defense or the Coast Guard to a GS position outside of
the Department of Defense or the Coast Guard, respectively, the
employee has no special conversion rights and this section does not
apply.
* * * * *
(c) Voluntary move. (1) For a Department of Defense or Coast Guard
employee who moves voluntarily, without a break in service of more than
3 days, from a NAFI position in the Department of Defense or the Coast
Guard to a GS position in the Department of Defense or the Coast Guard,
respectively, the agency may set the employee's initial payable rate of
basic pay at the lowest step rate in the highest applicable rate range
currently in effect for the employee's GS position of record and
official worksite which equals or exceeds the employee's NAFI highest
previous rate of pay, or any lower step rate, except as provided in
paragraph (c)(2) or (3) of this section. The employee's initial payable
rate of basic pay may not exceed the maximum step rate (step 10).
(2) * * *
(i) Compare the NAFI highest previous rate to the highest
applicable rate range currently in effect in the location where the
employee was stationed while earning that rate. The highest applicable
rate range is determined based on the pay schedules that would be
applicable to the employee's current GS position of record if the
employee were stationed in that location. Identify the lowest step rate
in the highest applicable rate range that was equal to or exceeded the
NAFI highest previous rate. If the NAFI highest previous rate is less
than the range minimum, identify the minimum step rate (step 1). If the
NAFI highest previous rate exceeds the range maximum, identify the
maximum step rate (step 10).
(ii) Identify the step rate in the highest applicable rate range
for the employee's current official worksite and position of record
that corresponds to the step rate derived under paragraph (c)(2)(i) of
this section. That corresponding rate is the maximum payable rate at
which the agency may set the employee's pay under this section, except
as provided by paragraph (c)(3) of this section. The agency may set the
employee's rate of basic pay at any step rate that does not exceed that
maximum payable rate.
* * * * *
(d) Involuntary move. (1) For a Department of Defense or Coast
Guard employee who is moved involuntarily (as defined in paragraph
(d)(3) of this section), without a break in service of more than 3
days, from a NAFI position in the Department of Defense or the Coast
Guard to a GS position with substantially the same duties in the
Department of Defense or the Coast Guard, respectively, the employee is
entitled to an initial payable rate of basic pay at the lowest step
rate of the grade that is equal to or greater than the employee's rate
of basic pay in the NAFI position immediately before the move. If the
employee's former NAFI rate exceeds the range maximum, identify the
maximum step rate (step 10).
(2) * * *
(i) The lowest step rate within the highest applicable rate range
for the employee's GS position of record and official worksite that
equals or exceeds the employee's NAFI highest previous rate, or any
lower step rate (consistent with the method prescribed in paragraphs
(c)(1) and (2) of this section);
* * * * *
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart K--Collection by Offset From Indebted Government Employees
0
3. The authority citation for subpart K of part 550 continues to read
as follows:
Authority: 5 U.S.C. 5514; sec. 8(1) of E.O. 11609; redesignated
in sec. 2-1 of E.O. 12107.
0
4. In Sec. 550.1103, the definition of agency is revised to read as
follows:
Sec. 550.1103 Definitions.
* * * * *
Agency means an executive department or agency; a military
department; the United States Postal Service; the Postal Regulatory
Commission; any nonappropriated fund instrumentality described in 5
U.S.C. 2105(c); the United States Senate; the United States House of
Representatives; any court, court administrative office, or
instrumentality in the judicial or legislative branches of the
Government; or a Government corporation. If an agency under this
definition is a component of an agency, the broader definition of
agency may be used in applying the provisions of 5 U.S.C. 5514(b)
(concerning the authority to prescribe regulations).
* * * * *
[FR Doc. E9-12006 Filed 5-21-09; 8:45 am]
BILLING CODE 6325-39-P
