1998The figure $10,540 in subsec. ) or https:// means youve safely connected to Under what conditions may agencies request salary offset (dual compensation) waivers from OPM? Pub. 531.). 8344 and 8468 (annuities and pay on reemployment); 1, 2019, set out as a note under section 4571 of Title 2. Pub. Any other factors (e.g., unusual qualification requirements or working conditions) which demonstrate that a legitimate recruiting need cannot be met without the requested waiver. A waiver of the reduction in pay may be granted when appointment of the individual responds to an emergency hiring need, e.g., a military threat, a natural disaster which poses a threat to human life or property, or some other serious unexpected situation. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2010, to the figure $33,003, see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 5, 2010, formerly set out as a note under section 4571 of Title 2. As a result, neither reductions in military retired or retainer pay, nor the Executive Level V cap (based on Title 5, U.S.C. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2016, to the figure $34,160, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 28, 2015, formerly set out as a note under section 4571 of Title 2. endstream endobj 156 0 obj <. Calculating a Federal Annuity FERS and CSRS, Retirement Eligibility & FERS Minimum Retirement Age (MRA), Higher Special Rate Pay for Some Federal Jobs, LWOP Leave Without Pay in Federal Government, Law Enforcement Retirement Countdown Clock, Webinar: Your Federal Retirement Benefits, Public Service Loan Forgiveness (Sponsored), Report: Federal Employee Benefits & Divorce, Military Service Credit for Federal Retirement, FLTCIP Federal Long Term Care Insurance Program, FEGLI Federal Employees Group Life Insurance, Dual Employment in the Federal Government, Like this article? Gen. B-222967, dated June 2, 1987). 1977The figure $10,540 in subsec. The criteria for approving a waiver for Mr. (or Ms.) ________ are met by the following information: The {name of requesting agency} requests a dual compensation reduction (salary offset) waiver for Mr. (or Ms.) ___________. Dual compensation is also permitted under other authorities not administered by OPM, such as the authority provided to Defense. You were a member of a bargaining unit (i.e., you were in a bargaining unit position). In summary, this order delegated to OPM the authority to settle claims against the United States involving Federal employees' compensation and leave, deceased employees' compensation, and proceeds of canceled checks for veterans' benefits payable to deceased beneficiaries. If an injured employee following an injury returns to the payroll in Government service at a decreased wage rate because of an injury-related loss of wage earning capacity and is entitled to receive partial disability pay under 5 U.S.C. The answer will depend upon the justification submitted. The {name of requesting agency} is requesting this waiver under criteria in 5 CFR 553.201 (d) - "Request based on severe recruiting difficulty." 5 U.S.C. Gen. This waiver will enable {name of requesting agency} to reemploy Mr. (or Ms.) ________ for work needed to respond to {describe the military threat, natural disaster, or other unforeseen occurrence (e.g., an outbreak of pandemic influenza) for which the individual's services are needed. A .gov website belongs to an official government Dual Civilian Employment. PDF Reemployment of Civilian Retirees Under the National Defense PDF GAO-15-252, HUMAN CAPITAL: OPM Needs to Better Analyze and Manage Dual 1991The figure $10,540 in subsec. L. 1087, see section 7(d) of Pub. What constitutes an emergency or an unusual circumstance for purposes of 5 CFR 553.202? (F) relating to section 3335 (a) or (c) of title 39, and redesignated subpars. Upon request, OPM has authority to waive offsets, allowing dual compensation (annuity and full salary). Emergencies must be sufficiently significant that they involve direct threats to life or property. %%EOF A .gov website belongs to an official government organization in the United States. fees paid on other than a time basis (lump-sum pay for a report, research product or service not based on the number of hours or days worked). This waiver will enable {name of requesting agency} to reemploy Mr. (or Ms.) ________ for work needed as a result of {describe the unusual circumstance for which the individual's services are needed}. 5532), apply to periods of civilian employment on or after October 1, 1999. No. An appointment solely to meet seasonal work fluctuations will not satisfy the criteria. Section 651, Public Law 106-65, October 5, 1999, repealed section 5532 of Title 5, United States Code (U.S.C.) Severe recruiting difficulty. Requirements of waiver submissions. . L. 91510, set out as a note under section 4301 of Title 2, The Congress. Title 5, Chapter 55, Subchapter IV, United States Code is the basic statute governing dual Federal employment and dual Federal compensation. Agencies may only request waivers for emergencies that have already occurred. Finally, please refer to OPM's Reemployment of Civilian Retirees to Meet Exceptional Employment Needs for additional guidance on dual compensation waivers. Why is this term used? (c)(1) of this section to be deemed to refer, effective Jan. 1, 2004, to the figure $28,574, see section 9 of Salary Directive of President pro tempore of the Senate, Mar. 1978Subsec. Dual Compensation Waivers - FEDweek (c)(1) of this section to be deemed to refer, effective Jan. 1, 2003, to the figure $27,822, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 19, 2002, as amended, formerly set out as a note under section 4571 of Title 2. There are no restrictions on the number of appointments (positions) an employee may hold so long as the employee is not paid basic pay for the same hours or for more than 40 hours in the aggregate for the same calendar week. Can you receive both a survivor annuity and your own federal annuity? Secure .gov websites use HTTPS If this request is approved, retirees will be able to maintain their full retirement annuity in addition to their salary without penalty. Employment under a salary offset waiver as described below typically doesnt provide entitlement to a supplemental or redetermined annuity, nor may new investments be made in the Thrift Savings Plan. A lock ( A Reserve of the armed forces or member of the National Guard may accept a civilian office or position under the Government of the United States and is entitled to receive the pay of that office or position in addition to pay and allowances as a Reserve or member of the National Guard. 8344 or 8468. Pub. 5 U.S.C. GovInfo Subsec. An employee is entitled to the pay and allowances of the position to which appointed. Emergencies must involve direct threats to life or property.} exceptions in law, such as with agency approval federal employees can work for the U.S. Pub. L. 91231 raising such rates by 6 percent, see Pub. When public notice is required, OPM recommends agencies describe all methods of recruiting (e.g., newspaper ads, notices in professional journals, or in-house recruiting) in their requests. (See discussion below.). 2008The figure $10,540 in subsec. The term "other unusual circumstances" is contained in the authorizing statutes, 5 U.S.C. Federal employees may not engage in outside employment or activities that conflict with official duties and responsibilities. A waiver of the retired reduction will be considered when the appointment is to fill a position for which there has been exceptional difficulty in recruiting qualified individuals. A locked padlock If approved, verify retirement type and notify the Office of Personnel Management (OPM) of the annuitant's reemployment based on . The OPM has exempted from the dual pay prohibition: Part-time or intermittent employment for which OPM has established special minimum pay rates under 5 U.S.C. organization in the United States. Note: under this provision, individuals cannot be retained to continue all of the duties or functions of the position they held prior to retirement; they may only be retained for a specific project}. L. 111145, 7(b)(2)(A)(i), substituted ,the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police for or the Chief Administrative Officer of the House of Representatives. Official websites use .gov Details. 2020The figure $10,540 in subsec. The Bureau of the Census is specifically authorized to appoint and compensate enlisted personnel or officers of the uniformed services for the enumeration of personnel of the uniformed services. 5 U.S.C. A locked padlock The {name of requesting agency} is seeking a waiver for Mr. (or Ms.) ________ because we have had exceptional difficulty recruiting a qualified individual for the position of {state the position the reemployed annuitant will occupy}. All claims under this section should be sent to the Classification and Pay Claims Program Manager, Room 6484, Merit System Audit and Compliance, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415. An employee may not receive any salary in his or her position in the form of leave payments during the period he or she is receiving compensation under Subchapter I, Chapter 81, of Title 5, U.S. Code, in connection with disability resulting from an injury sustained in performance of duty. Military Leave - U.S. Office of Personnel Management Procedures for submitting claims are as follows: Negotiated grievance procedure (NGP) as exclusive administrative remedy. Reemployed annuitants under a salary offset waiver do not have reduction in force (RIF) protection. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2018, to the figure $35,949, see section 9 of Salary Directive of President pro tempore of the Senate, Mar. OPM cannot grant waivers under "need to retain" for individuals who are no longer on the agency's rolls. PDF DoDI 1400.25, Volume 711, December 26, 2013, Incorporating Change 1 on 327, to employees engaged in taking and transmitting meteorological observations. hb```b``fc`a`` bg@ ~+sNN -@q556s5,M00(ud`j: b1H0Oo2%h/X"!x5SV% nXwH3y&yPmK/.g~}Z Z>(x L. 95454 substituted Office of Personnel Management for Civil Service Commission. Dual Compensation Waiver Requests for COVID-19 Emergency . CRITERIA. Must an individual for whom a waiver is being sought be the only qualified candidate or can he/she be one of several qualified candidates? (See 13 U.S.C. %PDF-1.6 % Amendment by Pub. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2005, to the figure $29,289, see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 3, 2005, formerly set out as a note under section 4571 of Title 2. You have no right to further administrative review by OPM. A statement confirming that the person whom the agency wishes to retain is currently working for the agency; A statement that the employee whom the agency wishes to retain intends to retire (or, in the case of an annuitant currently reemployed without a waiver, intends to resign) and will not stay on without a waiver. (d)(5)(A). (c)(1) of this section to be deemed to refer, effective Jan. 1, 1991, to the figure $20,141, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, formerly set out as a note under section 4571 of Title 2. L. 91510 redesignated former cl. there is exceptional difficulty in recruiting or retaining a qualified employee; there is a direct threat to life or property; or. 0 A waiver will be considered when the need is to retain a specially qualified employee who is critical to a project and who has announced intentions to resign or retire. Ask your supervisor, agency ethics official, and agency personnel office for further information. The appointing authority the agency intends to use to retain the person; The position in which the agency intends to retain the annuitant; The importance of the project to the agency's mission; Potential costs of project failure or delay; Any legislative or Presidential deadlines; Any other factors demonstrating that the project is unusually critical. To sign up for updates or to access your subscriber preferences, please enter your contact information below. A request or waiver of the reduction in retired pay in this category will not be considered solely to avoid delays in completing scheduled work. Subsec. Coverage Any full-time Federal civilian employee whose appointment is not limited to 1 year is entitled to military leave. L. 9057, set out as an Effective Date note under section 4575 of Title 2, The Congress. OPM Memorandum Dual Compensation Waiver Requests for COVID-19 Emergency (While reemployed, the FERS annuitant will receive full compensation for the grade of the position from salary or wages.). or https:// means youve safely connected to the .gov website. The prohibition against dual employment in the paragraph above does not apply to pay derived from the following: Regulatory exceptions under 5 U.S.C. Reemployed Annuitant Under FERS and CSRS - FEDweek 23, 2018, set out as a note under section 4571 of Title 2. May agencies request waivers under the emergency criteria in advance of an actual emergency, or must the request be made for emergencies that have already occurred? 1972The figure 7,724 in subsection (c)(1) of this section, deemed to refer, effective Jan. 1, 1972, to the figure 8,637, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 4571 of Title 2. Agency policies may require employees to receive prior approval for outside employment even when co-workers have similar outside jobs. (1) and added par. 2009The figure $10,540 in subsec. Appointment of an individual to "fill behind" a person immediately and directly involved with the emergency is not a qualifying situation. 2015The figure $10,540 in subsec. A .gov website belongs to an official government For example, if the basis for the original request was an emergency, conditions surrounding the original emergency must still exist. Each template lists the criteria OPM must consider when reviewing requests, and using the templates may eliminate the need for OPM to seek follow-up information. The {name of requesting agency} is requesting this waiver under the criteria in 5 CFR 553.201 (c) - "Requests based on an emergency hiring need." Friday, June 23rd, 2023 Expert's View Dual Compensation Waivers Published: October 17, 2007 More in: Expert's View OPM recently issued final regulations amending the criteria under which it can. (There are limitations on this exemption.). the .gov website. 2001The figure $10,540 in subsec. Do reemployed annuitants have reduction in force (RIF) protections or can they be let go at any time? Visit our Staffing, Recruiting, Examining, and Assessment Policy page for more hiring authority information. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2019, to the figure $36,766, see section 9 of Salary Directive of President pro tempore of the Senate, Apr. Your collective bargaining agreement did not specifically exclude compensation and leave matters from the scope of the negotiated grievance procedure. (c)(2). However, you should also follow up with a written, signed, and dated copy of the claim request sent to the above address. 10. Statutory exemptions under 5 U.S.C. What documentation must agencies submit in order to receive consideration from OPM under the "other unusual circumstances" criteria? A request based on severe recruiting difficulty must be specific with respect to the scope of the recruiting effort; the results of the recruiting effort (offers accepted/declined; quality of applicants); and any other factors affecting the recruitment, e.g., unusual qualifications, working conditions, urgency of the recruitment, etc. An employee who is granted military leave or annual leave for the purpose of engaging in military training duty is entitled to the compensation of his or her civilian position and the pay for military training duty for the training period. An official website of the United States government. Lock The appointing authority He or she is not entitled to additional pay for services performed while substituting for another employee, or while acting as the designated replacement pending appointment to the position. The following are basic provisions for employees with dual appointments: Employees are entitled to unlimited military leave for each day or portion thereof for participating in a parade or encampment; however, their civilian pay will be offset by the military pay received for such service. The {name of requesting agency} will appoint Mr. (or Ms.) ________ on a {indicate the appointing authority which the agency intends to use to reemploy the annuitant} appointment to {indicate the position the reemployed annuitant will have.}. The annuitant indicator will tell us if there is a dual comp waiver in effect as opposed to a regular salary offset (dual comp waiver codes: 0,6,7,8,G,H,J,K). 1984The figure $10,540 in subsec. L. 107217, 6(b), Aug. 21, 2002, 116 Stat. Unless OPM is asked to waive the reduction in retired pay by the Director for Human Resources Management, a reemployed annuitant's retired pay will either be reduced or terminated when the retiree is reemployed. there are other unusual circumstances such as the need to meet a new or expanded mission requirement by a certain date or the need to appoint an individual with necessary clearances to perform critical work when no other employee could obtain that clearance within a reasonable time. 12, 2009, formerly set out as a note under section 4571 of Title 2. 1973Subsec. 5533. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1976, to the figure $11,050, see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 4571 of Title 2. PDF Processing Tips for Dual Appointments - National Finance Center Section 553.201(e) does not provide for retention of an individual to perform all of the duties of the position that he or she held prior to retirement. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2009, to the figure $32,515, see section 9 of Salary Directive of President pro tempore of the Senate, Mar. Secure .gov websites use HTTPS If the basis for the original request was severe difficulty in recruiting, the agency should demonstrate that new efforts to recruit have been made, and that the agency was again unable to recruit and appoint a qualified candidate. Each template lists the criteria OPM must consider when reviewing requests, and using the templates may eliminate the need for OPM to seek follow-up information. In addition, waivers of the offset requirement may apply under various other limited authorities; check with the hiring office for details. The {name of requesting agency} is requesting this waiver under the criteria in 5 CFR 553.202 - "Request for delegation of authority to approve reemployment without reduction or termination of annuity in emergencies or other unusual circumstances." processing. What must an agency show in order to obtain an extension of an existing waiver? Extra services. Retention of a specially qualified employee. OPM will not delegate waiver authority without a request from the agency. 1980The figure $10,540 in subsec. 24(c).). (d)(7). 1985The figure $10,540 in subsec. PDF Approved for Release Date DEPARTMENT OF COMMERCE OFFICE OF HUMAN PDF Washington, D.C. 20530 june 2010 - United States Department of Justice (1) and added par. Agencies should use the below templates to submit a dual compensation (salary offset) waiver request to OPM. organization in the United States. Upon request, OPM has authority to waive offsets, allowing dual compensation (annuity and full salary). Dual Employment in the Federal Government - FEDweek 5533. Amendment by Pub. Part-time or intermittent employment as a counselor in connection with summer youth opportunity programs in the Washington, D.C. metropolitan area. eCFR :: 2 CFR 200.430 -- Compensationpersonal services. May OPM approve waivers under the "need to retain" criteria for individuals who no longer work for the requesting agency? Section 553.201(e) provides for retention of an individual uniquely qualified for an on-going project. Subsec. A locked padlock 5 U.S.C. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2008, to the figure $31,906, see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 7, 2008, formerly set out as a note under section 4571 of Title 2. (A) Supporting operations or missions assigned in whole or in part to the technician's unit. Your bargaining unit was covered by a collective bargaining agreement. Dual compensation is also permitted under other authorities not administered by OPM, such as the authority provided to Defense. Request to meet emergency hiring needs. A1. Need to retain a particular individual uniquely qualified for a specific project; and. (c)(1), (2), (d)(5)(A). 2358(b) to title 20. Dual compensation waivers may be approved when it is determined an appointment meets at least one of the following requirements: a. Fulfills functions critical to the mission of the Coast Guard; . 2018The figure $10,540 in subsec. 2006The figure $10,540 in subsec. Military technicians (dual status) (a) In General.-(1) For purposes of this section and any other provision of law, a military technician (dual status) is a Federal civilian employee who- (A) is employed under section 3101 of title 5 or section 709(b) of title 32; (B) is required as a condition of that employment to maintain membership in the Selected Reserve; and