A.   References.

B.  Policy.

1. This chapter establishes the Department's policy on advancing basic pay to new appointees.


2. Consistent with the provisions of this chapter, applicable provisions of law and regulation, and the availability of funds for such purpose, a component may make an advance payment of one or two pay periods of basic pay to a new appointee.


3. Approving officials.
   
   
   1. Employees other than SES, Executive Schedule, Senior Level, Immigration Judges, Presidential appointees, attorneys, and law clerks.   Authority to approve advance payments to these employees is delegated to component heads, and may be redelegated in writing to a level no lower than the official authorized to approve personnel actions for the new appointee's position.
   
   
   2. SES (including FBI-DEA SES, but excluding Deputy Director, FBI), Executive Schedule (excluding Director, FBI), Senior Level, Immigration Judges, and Presidential appointees.  The Deputy Attorney General or his or her designee approves advances to employees in these categories.
   
   
   3. Director and Deputy Director, FBI.   The Attorney General approves advances to employees in these categories.
   
   
   4. Attorneys and law clerks.  Except as provided in paragraph B.3.b. above, authority to approve advance payments to attorneys and law clerks is delegated to Bureau General Counsels and OBD heads. This authority may be redelegated in writing.

4. Approval Criteria.  In considering a request for an advance payment, an approving official will consider:

   1. The new appointee's qualifications;
   
   
   2. The degree to which the new appointee's position contributes to mission attainment; and
   
   
   3. The new appointee's financial need for an advance payment in order to timely meet living expenses.

5. Employee Notice.   Before making an advance payment to a new appointee, the employee will be provided with a written notice that includes:

   1. A statement indicating how the advance payment will be recovered;
   
   
   2. The total amount, before deductions, of the advance payment, the number of pay periods for repayment, and the amount that will be deducted from pay each pay period to effect recovery;
   
   
   3. A statement that the new appointee may prepay all or part of the balance of the advance payment at any time;
   
   
   4. A statement that the outstanding balance of the advance payment must be repaid if the employee leaves the Department for any reason, and that failure to repay will result in recovery under salary offset or any other method provided by law.

   Note:   This notice requirement may be satisfied by providing the new appointee with an approved copy of the Sample Application for an Advance Payment to a New Appointee.

6. Processing a Request.   Except in the FBI, servicing personnel offices will process an approved application for an advance payment through the National Finance Center's (NFC's) Special Payroll Processing System (SPPS).




7. Recovering an Advance Payment.   Unless waived under paragraph B.8., an advance payment will be recovered either through lump sum recovery or through withholding of no more than seven installments (for advances of one pay period's pay) or 14 installments (for advances of two pay periods' pay). An employee's written selection of one of these methods will be honored. If the employee makes no selection, lump sum recovery will be made.

8. Waiving Recovery.   In accordance with DOJ Orders 2120.3B and 2120.4E, if it is determined that recovery would be against equity and good conscience or against the public interest, component heads may waive in whole or in part the recovery of an advance payment.

C.   Documentation and Reporting

Components must document the request and approval of an advance payment in writing. A copy of the written request and approval will be given to the new appointee, and a copy will be filed in the new appointee's OPF.

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Last Updated April 25, 2005
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