[Federal Register: October 14, 2008 (Volume 73, Number 199)]
[Rules and Regulations]
[Page 60611-60612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc08-3]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 315 and 316
RIN 3206-AL29
Disabled Veterans Documentation
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing final
regulations regarding documentation required for appointments of
disabled veterans. The purpose of this change is to provide consistency
with the policy implemented by the Department of Veterans Affairs.
DATES: Effective Date: November 13, 2008.
FOR FURTHER INFORMATION CONTACT: Darlene Phelps at (202) 606-0960, by
FAX on (202) 606-2329, TDD at (202) 418-3134, or by e-mail at
Darlene.Phelps@opm.gov.
SUPPLEMENTARY INFORMATION: On August 20, 2007, OPM proposed regulations
at 72 FR 46410 regarding documentation required for noncompetitive
temporary and term appointments, and conversion of 30 percent or more
disabled veterans from nonpermanent appointments. The Department of
Veterans Affairs (VA) considers any VA disability letter issued for
purposes of establishing veterans' preference in employment proof of a
permanent record of disability, unless the letter specifically states
otherwise. We proposed to modify sections 315.707(a)(2)(ii) and (iii),
316.302(b)(4), and 316.402(b)(4) of title 5, Code of Federal
Regulations. In addition, in section 315.707(a)(2)(ii) and (iii), we
are adding a reference to disability determinations from a branch of
the Armed Forces, as these entities may also certify the existence of
30 percent or more disability. These modifications will clarify that a
30 percent or more disabled veteran who has proof of disability from
the VA or a branch of the Armed Forces dated 1991 or later is eligible
for a noncompetitive temporary or term appointment. The employee may be
noncompetitively converted to a permanent appointment in the
competitive service at any time during such an appointment. Lastly, we
are adding the word ``so'' in section 315.707(a)(2)(iii) to clarify
that ``rated'' refers to a service-connected disability rating of 30
percent or more. We inadvertently omitted this clarification in the
proposed regulation.
Comments
Comments on the proposed rule were requested by October 19, 2007.
OPM received one comment from a private citizen who noticed a
typographical error in sections 316.302(b)(4) and 316.402(b)(4). We
have corrected this error by changing ``of'' to ``or'' the third time
it appears in each of those paragraphs.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it will apply
only to Federal agencies and employees.
Paperwork Reduction Act
The information collection requirements contained in this final
rule are currently approved by OMB under 3206-0001. This final
regulation does not modify this approved collection.
List of Subjects in 5 CFR Parts 315 and 316
Government employees.
U.S. Office of Personnel Management.
Michael W. Hager,
Acting Director.
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Accordingly, OPM is amending 5 CFR parts 315 and 316 as follows:
PART 315--CAREER AND CAREER CONDITIONAL EMPLOYMENT
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1. The authority citation for part 315 continues to read as follows:
Authority: 5 U.S.C. 1302, 3301, and 3302; E.O. 10577, 3 CFR,
1954-1958 Comp. p. 218, unless otherwise noted; and E.O. 13162.
Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and 3652.
Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104. Sec.
315.603 also issued under 5 U.S.C. 8151. Section 315.605 also issued
under E.O. 12034, 3 CFR, 1978 Comp. p. 111. Section 315.606 also
issued under E.O. 11219, 3 CFR, 1964-1965 Comp. p. 303. Sec 315.607
also issued under 22 U.S.C. 2506. Sec. 315.608 also issued under
E.O. 12721, 3 CFR, 1990 Comp. p. 293. Sec. 315.610 also issued under
5 U.S.C. 3304(d). Sec. 315.611 also issued under Section 511, Pub.
L. 106-117, 113 Stat. 1575-76. Sec. 315.708 also issued under E.O.
13318. Sec. 315.710 also issued under E.O. 12596, 3 CFR, 1987 Comp.
p. 229. Subpart I also issued under 5 U.S.C. 3321, E.O. 12107, 3
CFR, 1978 Comp. p. 264.
Subpart G--Conversion to Career or Career-Conditional Employment
From Other Types of Employment
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2. In 315.707, revise paragraphs (a)(2)(ii) and (iii) to read as
follows:
Sec. 315.707 Disabled veterans.
(a) * * *
(2) * * *
(ii) Have been rated by the Department of Veterans Affairs since
1991 or later, or by a branch of the Armed Forces at any time, as
having a compensable service-connected disability of 30 percent or
more; or
(iii) Have been so rated by the Department of Veterans Affairs, or
by a branch of the Armed Forces, at the time of a qualifying temporary
appointment effected within the year immediately preceding, or a term
appointment effected within four years immediately preceding, the
conversion.
* * * * *
PART 316--TEMPORARY AND TERM EMPLOYMENT
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3. The authority citation for part 316 continues to read as follows:
Authority: 5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR, 1954-1958
Comp., p. 218.
Subpart C--Term Employment
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4. In 316.302, revise paragraph (b)(4) to read as follows:
Sec. 316.302 Selection of term employees.
* * * * *
(b) * * *
(4) Appointment under 5 U.S.C. 3112 (veterans with compensable
service-connected disability of 30 percent or more). The disability
must be documented by a notice of retirement or discharge due to
service-connected disability from active military service dated at any
time, or by a notice of compensable disability rating from the
Department of Veterans Affairs, dated 1991 or later;
* * * * *
Subpart D--Temporary Limited Employment
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5. In 316.402, revise paragraph (b)(4) to read as follows:
[[Page 60612]]
Sec. 316.402 Procedures for making temporary appointments.
* * * * *
(b) * * *
(4) Appointment under 5 U.S.C. 3112 (veterans with compensable
service-connected disability of 30 percent of more). The disability
must be documented by a notice of retirement or discharge due to
service-connected disability from active military service dated at any
time, or by a notice of compensable disability rating from the
Department of Veterans Affairs, dated 1991 or later;
* * * * *
[FR Doc. E8-24227 Filed 10-10-08; 8:45 am]
BILLING CODE 6325-39-P