U.S. Office of Personnel ManagementVariations to Staffing Regulations |
Notice No: 98-3 | Washington, DC 20415 |
Date: January 16, 1998 |
Notice of OPM Variations
AGENCIES: THIS NOTICE PROVIDES INFORMATION RELATIVE TO VARIATION REQUESTS. Section 5.1 of civil service rule V requires the Office of Personnel Management to inform agencies about variations which it grants under that rule.
Heads of Departments and Independent Establishments:
1. This notice describes non-precedent-setting variations to staffing regulations granted between July 1, 1997, and September 30, 1997.
Extension of Term Appointments Beyond 4 Years
2. Eight variations were granted to the 4-year service limit for term appointments contained in 5 CFR 316.301:
- On July 28, 1997, a 1-year extension was granted for a Wildlife Biologist, GS-401-12, with the Department of the Interior, National Park Service, Chesapeake/ Allegheny Support Office, Northeast Region, to complete several critical conservation projects.
- On August 5, 1997, a 3 1/2-month extension was granted for a Benefits Assistant, GG-303-7, with the Federal Deposit Insurance Corporation, Division of Administration, Personnel Services Branch, Washington, DC, to continue to assist in the conversion of the agency's health benefits program to the Federal Employees Health Benefits program.
- On August 20, 1997, a 1-year extension was granted for a Geophysicist, GS-1313-13, with the Department of the Interior, U.S. Geological Survey's Geologic Division, Eastern Regional Geologist's Office, to complete work on the software systems that support several scientific projects.
- On August 20, 1997, a 2-year extension was granted for a Training Instructor, GS-1712-11, and an Administrative Support Assistant, GS-303-5, with the U.S. Army Training and Doctrine Command, Fort McClellan, Alabama, to provide uninterrupted assistance with critical training programs.
- On August 27, 1997, a 21-month extension was granted for 3 employees with the Defense Logistics Agency field office, Defense Personnel Support Center, Philadelphia, Pennsylvania, to provide services until the Center's relocation to the Naval Inventory Control Point.
- On August 28, 1997, a 13-month extension was granted for an International Trade Specialist, GS-1140-12, with the Department of Commerce, International Trade Administration, to maintain program continuity and avoid disruption of support for the Business Information Service for the Newly Independent States (BISNIS), a program funded by the Agency for International Development.
- On September 12, 1997, an additional 1-year extension was granted for an Assistant Director, in the Acquisition Services Branch, Federal Deposit Insurance Corporation, to complete work associated with the closeout of Resolution Trust Corporation contracts.
- On September 18, 1997, a 6-month extension was granted for a Support Services Clerk, GS-303-5, with the Department of the Treasury, Internal Revenue Service, to assist with the increased workload resulting from office consolidation affecting the Greensboro District Office, North Carolina.
In keeping with the variation criteria and precedents, each of these variations: avoids unnecessary hardship to the agency that disruption to the project/work in which the employee is involved would cause if a staff change were to occur now; is within the spirit of the term appointment regulation by extending the employment in a manner consistent with the nonpermanent nature of the work; and promotes Government efficiency by enabling expeditious continuation of the project through retention of employees already knowledgeable of the ongoing work.
Correction of Erroneous Appointment
3. Three variations were granted to allow credit for career tenure and time-in-grade purposes for employees whose appointments did not meet the requirements of the authorities used. The variations involve exceptions to the requirements of 5 CFR 330.101 that positions in the competitive service be filled by one of the methods authorized in civil service law and regulations:
- On July 28, 1997, variation was granted to allow service credit for an employee with the Department of Justice, Bureau of Prisons, Federal Correctional Institution, in Pekin, Illinois. On June 11, 1995, the agency erroneously reinstated the employee to a Correctional Officer position, GS-007-6. The individual's prior service was in the excepted service which did not confer reinstatement. On January 19, 1997, the agency was able to regularize the appointment using its Delegated Examining Authority.
- On August 20, 1997, variation was granted to allow service credit for an employee with the Department of Justice, U.S. Attorney's Office, Central District of California. On April 16, 1995, the agency erroneously appointed the individual to a career appointment as a Legal Secretary, GS-986-6, incorrectly using Public Law 101-474 which gives certain employees of the Administrative Office of the U.S. Courts noncompetitive appointment eligibility to competitive service positions. However, as a former U.S. District Court employee, the individual was not eligible for appointment. The agency was able to properly appoint the employee to the position on February 16, 1997.
- On September 12, 1997, variation was granted to allow service credit for an employee in a Recreation Therapist position, GS-0638-5, with the Armed Forces Retirement Home, United States Naval Home, in Gulfport, Mississippi. On December 10, 1995, the agency erroneously appointed the employee to the position using the Outstanding Scholar provision under the Luevano Consent Decree, but the Recreation Therapist series is not a valid series as defined under the Luevano decree. The agency was able to competitively appoint the employee on August 13, 1997.
Each of these variations was granted to avoid unnecessary hardship to the employee who, though now properly appointed, would otherwise face loss of important service credit due to administrative error, even though extensive efforts were made to regularize the improper appointment covering the period of de facto service. The variation permitted crediting the period of de facto service, from the date of erroneous appointment to the date of proper appointment, for full service credit.
Pay Adjustments
4. One variation was granted to the 12-month waiting period between pay adjustments for Senior Level (SL) employees as required in 5 CFR 534.503:
- On July 17, 1997, variation was granted to permit Smithsonian Institution to increase the pay of all SL employees by the same Employment Cost Index (ECI) percentage given to General Schedule employees in January 1997, without triggering the 12-month waiting period requirement. In January 1997, the agency had withheld the annual comparability pay increase because of budget restraints. However, by July 1997, such a pay adjustment could be funded through budget savings from restructuring and downsizing. Since there was no annual adjustment for SL employees in January 1997, and since the "delayed comparability" adjustment did not exceed the January adjustment for General Schedule employees, OPM approved a variation to regulations so that the August adjustment would not be subject to the 12-month waiting period.
5. Section 5.1 of civil service rule V requires that like variations be granted in like circumstances. Therefore, if an agency believes it has a case which parallels one of those described in this notice, a variation may be requested. Agencies are reminded, however, that variation is appropriate only when no other authority exists to remedy the hardship or practical difficulty. All requests for variation must be sent through the headquarters of the agency or department involved and must be transmitted to the Office of Personnel Management for final action. Agencies do not have authority to approve variations.
[signed]
Janice R. Lachance
Director
Inquiries: Staffing Reinvention Office
Employment Service, (202) 606-0830
Page created 7 May 1998