Guide to Legal Citations
This alert is a reminder that OPM issued interim regulations that revised 5 CFR 451.104(g).
The change affects how some performance-based cash awards are computed.
The information contained in this web site is based on title 5, United
States Code, and title 5, Code of Federal Regulations. In an effort to
help you locate the legal authority for topics related to employee performance
and awards, the staff of the Performance Management and Incentive Awards
Division at the U.S. Office of Personnel Management has compiled the common
performance management topics. The first column of each table lists the
topic and other words commonly used to refer to these topics. The middle
column presents a description of each topic. Use this description to determine
if you would like to access the full legal citation. To access a citation,
click on a link in the third column.
Topics: [A] [C-G] [I-N]
[P] [Q-R] [S-W]
A
Topics |
Topic |
Description |
Legal Citation Link |
Additional Performance Element
- Goals
- Stretch goals
- Extra credit
|
A type of performance element that does not affect
the summary rating level but can be used to help focus employees
on goals and achievements that are important to the organization. |
5
CFR 430.203 (definitions)
5
CFR 430.206(b) |
Additional Service Credit
- Crediting performance in a RIF
- Performance in RIF
- RIF credit
- Performance credit
- Retention credit
|
Additional years of service credit added to an
employee's actual years of service when determining retention in
a reduction in force. The credit is usually based on the 3 most
recent ratings of record within the last 4 years. |
5
CFR 351.504
5
CFR 430.208(d)(5) |
Appraisal
- Assessment
- Evaluation
- Rating performance
|
The evaluation of performance in comparison to
the elements and standards in an employee's performance plan. |
5
CFR 430.203 (definitions)
5
CFR 430.207(b)
5
CFR 430.208(b) |
Appraisal Period
|
The period of time covered by a specific performance
plan during which performance will be evaluated against elements
and standards and for which a rating of record will be prepared. |
5
CFR 430.203 (definitions)
5
CFR 430.206 |
Appraisal Program |
The specific procedures and requirements established
by the organization for evaluating employee performance. |
5
CFR 430.203 (definitions)
5
CFR 430.205 |
Appraisal System (for operating procedures
see appraisal program) |
The agency-established framework of policies and
parameters within which performance appraisal programs are designed.
The Office of Personnel Management reviews and approves appraisal
systems. |
5
CFR 430.203 (definitions)
5
CFR 430.204
5
CFR 430.209(a)
5
U.S.C. 4301(2) |
Appraisal System Approval
- System approval
- OPM approval
|
The review of an agency's established parameters
and flexibilities to ensure that they comport with the intent of
law and regulations. An agency must submit a description of its
appraisal system to OPM for approval, using OPM Form 1631. |
5
CFR 430.209
5
CFR 430.210 |
Appraising Official
|
The person who evaluates an employee's performance
and assigns the element rating(s) and rating of record. |
5
CFR 430.207(b)
5
CFR 430.208(b) |
Award
- Gainsharing
- Goalsharing
- Honorary Award
- Incentive
- Informal Recognition
- Merchandise Awards
- Nonmonetary Awards
- Recognition
- Reward
|
Something given or a ceremony or event held to
recognize someone either as an individual or a member of a group
for a specific achievement that the agency values, or as payment
of a promised incentive that is often based on predetermined criteria
such as productivity or performance goals. |
5
CFR 451.102 (definitions)
5
CFR 451.104(a)-(c) |
Awards Limitations
- Limits
- Prohibitions
- Restrictions
|
Awards in excess of $10,000 per individual must
be approved by the Office of Personnel Management. Awards in excess
of $25,000 require Presidential approval.
Awards may not be given during a Presidential election period (June
1 of an election year to January 20 of the following year) to certain
employees in the excepted service or the non-career Senior Executive
Service.
Cash awards may not be given to employees in certain Executive
level positions when appointed by the President with Senate confirmation.
|
5
CFR 451.106(b)
5
U.S.C. 4502(b)
5
CFR 451.105
5
U.S.C. 4508
5
CFR 451.105
5
U.S.C. 4509 |
C-G
Topics |
Topic |
Description |
Legal Citation Link |
Cash Award
|
A lump-sum payment made to an employee in recognition
of an achievement or as payment of an incentive. |
5
CFR 451.104(a)-(c)
5
U.S.C. 4503 |
Critical Element
- Contribution
- Critical incidents
- Critical results
- Expectations
- Objectives
- Performance elements
|
Those aspects of a job for which an employee can
be held individually accountable and that must be done successfully
in order for the organization to complete its mission. |
5
CFR 430.203 (definitions)
5
CFR 430.206(b) |
Employee Involvement
|
Seeking and including employee ideas and opinions
in the development of awards programs, performance systems and programs,
and employee performance plans. |
5
CFR 430.204(c)
5
CFR 430.205(d)
5
CFR 430.206(b)(1) |
Forced Distribution
- Peer comparison
- Ranking
- Quotas
|
Limitation on the use of particular summary appraisal
levels. This practice is prohibited when doing performance ratings
or ratings of record. |
5
CFR 430.208(c) |
Government Performance and Results
Act
|
Law requiring agencies to set organizational goals
pertinent to the agency mission as well as means to accurately measure
them. Such goals should be cascaded through the organization and
linked to the development of employee elements and standards. |
1993
Government Performance and Results Act |
I-N
Topics |
Topic |
Description |
Legal Citation Link |
Invention Award |
An award given for an invention developed by one
or more employees. May take the form of a cash, honorary, informal
recognition, or time-off award. |
5
CFR 451.104(a) |
Marginal Performance |
The level of performance below "Fully Successful"
but above "Unacceptable" that is sufficient to be retained in the
position. However, agencies should assist employees to improve their
performance whenever it falls below the "Fully Successful" level. |
5
CFR 430.207(c) |
Minimum Period |
The period of time specified in an organization's
appraisal program that must be completed before a performance rating
may be prepared. |
5
CFR 430.207(a) |
Monitoring Performance
- Measuring performance
- Ongoing appraisal
- Providing feedback
- Improving Performance
|
Reviewing employee performance to check progress
and identify any problems. |
5
CFR 430.207(b) |
Non-critical Element |
Aspects of an employee's job that are not critical
elements that the organization wants to have impact the summary
rating level. Can include aspects of shared accountability, such
as group or team elements. |
5
CFR 430.203 (definitions)
5
CFR 430.206(b) |
P
Topics |
Topic |
Description |
Legal Citation Link |
Performance Award
|
An award based on the employee's most recent rating
of record of Level 3 (Fully Successful or equivalent) or higher.
Performance awards may only take the form of cash. |
5
CFR 451.104(a)
5
U.S.C. 4505(a) |
Performance-Based Actions
- 432 Actions
- Reduction-in-grade
- Removal
|
Allows for the reduction in grade or removal of
an employee based solely on performance. |
5
CFR, part 432
5
CFR 430.207(d)(2)
5
U.S.C. 4302(b)(6)
|
Performance Management |
The integrated processes of planning, monitoring,
developing, rating, and rewarding employee performance. |
5
CFR 430.102(a) |
Performance Standards
- Behaviors
- Competencies
- Contributions
- Customer Service
- Goals
- Objectives
- Outcomes
- Quality
- Results
- Standards
|
The expression of how well an employee has to
perform on the associated element in order to be appraised at a
specific level. Standards should be attainable and verifiable. |
5
CFR 430.203 (definitions)
5
CFR 430.204(a)(1)(i)
5
CFR 430.206(b)(7)
5
CFR 430.207(b) |
Performance Plan |
The written or automated document that communicates
to the employee what is expected in the job. The performance plan
includes the critical and non-critical elements and standards, plus
any additional elements, on which the employee will be evaluated. |
5
CFR 430.203 (definitions)
5
CFR 430.206(b) |
Performance Rating
- Rating
- Interim rating
- Special rating
- Off-cycle rating
|
Appraisals done at other times than at the end
of the appraisal period. |
5
CFR 430.203 (definitions)
5
CFR 430.208 |
Presidential Awards |
The President has the authority to grant awards
to Federal employees. OPM must approve most cash awards over $10,000.
The President approves all awards of more than $25,000. |
5
CFR, part 451, subpart B
5
U.S.C. 4502 (b)
5
U.S.C. 4504 |
Progress Review
- Interim Review
- Mid-year review
- Monitoring
- Feedback
|
Communication with an employee about progress
on the elements in the employee's performance plan. There is no
limit on the number of progress reviews a supervisor can hold during
a cycle, but at least one formal progress review is required. |
5
CFR 430.203 (definitions)
5
CFR 430.207(b) |
Q-R
Topics |
Topic |
Description |
Legal Citation Link |
Quality Step Increase
- Base pay award
- QSI
- Additional step increase
|
An increase in base pay given to recognize excellence
in performance. Must be based on the highest rating level used by
the appraisal program (Level 5, "Outstanding," if used), and meeting
agency-established criteria when the program does not use Level
5. |
5
CFR, part 531, subpart E
5
U.S.C. 5336 |
Rating of Record
- Appraisal
- Evaluation
- Summary rating
|
The evaluation of an employee's performance as
compared to the elements and standards for performance over the
entire appraisal period. |
5
CFR 430.203 (definitions)
5
CFR 430.208 |
Recordkeeping
- Documentation
- Employee Performance File (EPF)
- Official Personnel Folder (OPF)
|
Instructions on how to record and report ratings
of record and awards as well as how long to retain information in
official files. |
5
CFR 430.209(b), (e), and (f) |
Reduction In Force Credit
- Additional service credit
- Performance in RIF
- Performance credit
- Retention credit
|
Additional years of service credit added to an
employee's actual years of service when determining retention in
a reduction in force. The credit is usually based on the 3 most
recent ratings of record within the last 4 years. |
5
CFR 351.504
5
CFR 430.208(d)(5) |
S-W
Topics |
Topic |
Description |
Legal Citation Link |
Second Level Review
- Higher Level Review
- Approval
|
Review of a rating or award recommendation by
someone at a higher level in the organization than the person recommending
the rating or award. Required for "Unacceptable" ratings of record.
Not required for other ratings of record or awards. |
5
CFR 430.208(e) |
Special Act or Service Award
- Cash award
- Honorary awards
- Informal recognition
- Nonmonetary award
- On the Spot Award
|
An award given in recognition of an employee achievement
or contribution or as payment as an employee incentive. May be given
to individual employees or groups of employees. |
5
CFR 451.104(a)
5
U.S.C. 4503 |
Suggestion Award |
An award granted to an employee or group of employees
for an accepted suggestion. |
5
CFR 451.104(a) |
Summary Levels
- Levels 1-5
- Unacceptable level
- Fully Successful level
- Pass/Fail (two-level)
- Outstanding level
|
The designators assigned to the summarization
of the element appraisals of employee performance done by comparing
actual performance to the elements and standards in the employee's
performance plan. |
5
CFR 430.208(b) and (d) |
Summary Pattern
|
The aggregation of summary appraisal levels used
in a particular appraisal program. Each pattern must include summary
Levels 1 ("Unacceptable") and 3 ("Fully Successful"). |
5
CFR 430.208(d) |
Superior Accomplishment Award
- Performance Award
- Rating-Based Award
|
An award based on the employee's most recent rating
of record of Level 3 (Fully Successful or equivalent) or higher.
Performance awards may only take the form of cash. |
5
CFR 451.104(a) |
Time-off Award |
An award given to an employee or group of employees
that takes the form of paid time off. May be based on performance
as reflected in a rating of record or as a specific contribution. |
5
CFR 451.104(a) and (f)
5
U.S.C. 4502(e) |
Within-grade Increase
- Step increase
- WGI or WIGI
- Pay progression
|
A periodic increase in an employee's pay based
upon a Level 3 (Fully Successful or equivalent) or higher rating
of record and completion of specific waiting periods. The General
Schedule method of pay progression within an employee's current
grade. |
5
CFR, part 531, subpart D
5
U.S.C. 5335 |
