- 9.11.4.1 Overview
- 9.11.4.2 Criminal Investigation Placement Programs
- 9.11.4.3 Disciplinary Action
- 9.11.4.4 Arrest and Conviction of Law Enforcement Officer
- 9.11.4.5 Special Agent Schedule A Appointments
- 9.11.4.6 Criminal Investigator Part-Time Employment Program
- 9.11.4.7 Student Career Experience Program
- 9.11.4.8 Leadership Development Program
- 9.11.4.9 Law Enforcement Availability Pay
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The Director, Human Resources, Headquarters (HQ) Criminal Investigation (CI) has the responsibility for developing and implementing CI's personnel management policies and procedures, in conjunction with advice from: the Office of Chief Counsel, General Legal Services (GLS); the Office of Personnel Management (OPM); IRS Human Capital Office, including Employee/Labor Relations; and US Treasury Department Personnel. Many of these policies and procedures are set forth in this section.
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Additional policies are set forth in IRM 9.1.4, Criminal Investigation Directives.
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The CI Placement Program provides guidelines on the reassignment of a CI employee outside of his/her current commuting area. These reassignments includes management-initiated reassignments of CI personnel, the Hardship Transfer Program (HTP), the Law Enforcement Officer Voluntary Office of Preference Program (VOPP), and rotational assignments at the National Criminal Investigation Training Academy (NCITA).
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The intent of the CI Placement Program is to balance the needs of CI with the needs of its employees. The stability and effectiveness of CI remains a priority. Placement decisions will be made after consideration of many factors such as maintaining an acceptable mix of grade levels, expertise, and special qualifications in an office.
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Although CI management will consider employee needs along with its mission, mobility remains a condition of employment for all special agents .
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Relocation expenses will not be authorized for moves approved under the HTP and VOPP.
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Occasionally, an imbalance in staffing or needed skills may occur within a geographical area which cannot be corrected through the normal attrition or hiring process. When this occurs, a shifting of GS-1811 personnel resources may be necessary. A GS-1811 or group of GS-1811's may be relocated to improve operational effectiveness. In each case, CI management will determine the best means to achieve the required balance.
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If there are too many special agents assigned to a geographic area, the Special Agent in Charge (SAC) will ask for volunteers to relocate (or be temporarily detailed if the imbalance is expected to last less than 18 months) to other areas within the field office where the special agent(s) can be effectively employed. If the special agent(s) could be more effectively employed outside of the field office, the SAC will consult with the Director, Field Operations to have special agent(s) relocated or detailed elsewhere within the area office. The Director, Field Operations may, in turn, consult with the other Directors, Field Operations to determine if the special agent(s) could be more efficiently employed elsewhere within CI.
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If there are too few special agents in a geographic area, the SAC will ask for qualified volunteers within the field office to relocate (or be detailed if the imbalance is expected to last less than 18 months). If this fails to correct the problem, the SAC will ask the Director, Field Operations to request volunteers to relocate or be detailed from throughout the area office. If this also fails, the Director, Field Operations may ask the other Directors, Field Operations to request volunteers for relocation or details from throughout the nation.
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All solicitations for relocations will be coordinated with the affected Director, Field Operations or other executives reporting to the Chief, CI. The concurrence of the impacted Director, Field Operations or executive reporting to the Chief, CI, is required if relocating the special agent to another field office or area office is involved. The Deputy Chief, CI, will resolve any disagreements that arise from the proposed involuntary relocations.
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If an insufficient number of qualified special agents volunteer for relocation. Special agents may be involuntarily transferred or detailed. The Chief, CI, must approve all involuntary transfers or details.
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The SAC in the gaining field office must obtain the necessary relocation authorization from the Director, Finance (CI:S:F) before a reassignment is effected or a reporting date is established.
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The IRS has long been aware that there are situations that arise during an employee’s career that create personal hardship which could be alleviated if the employee relocated to another office. Historically, the IRS has attempted to accommodate an employee’s hardship transfer request when possible. These procedures cover CI employee requests for hardship transfers within Criminal Investigation. Refer to current Agency Guidance for hardship transfer request information to/from other IRS business units.
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In order to expedite the process and ensure that all approvals and funding issues are addressed prior to establishing a reporting date and/or effective date, the following steps will be followed.
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Offices will not authorize a hardship transfer or establish a reporting or effective date, until the entire hardship transfer approval and clearance process is complete. The Hardship Coordinator will contact the SAC or other executive reporting to the Chief, CI, when the process is complete.
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The employee will submit the Hardship Transfer Transmittal, Form 4536, Application for Promotion/Reassignment, and a Form 9686, Merit Program Questionnaire (MPQ) to his/her first-line manager. Verifiable documentation ( see IRM 9.11.4.2.2.2) to support the hardship must also be submitted. The manager will forward (fax or e-mail whenever possible) the entire package to the SAC or equivalent.
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The SAC will forward signed and completed forms and a current performance appraisal to Hardship Coordinator in the servicing Employment office.
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The Hardship Coordinator will determine the appropriate gaining/losing officials and approving official and forward and monitor the movement of the transmittal package through the approval process. The Hardship Coordinator will also ensure that the employee requesting the hardship transfer is aware of appropriate referral procedures, options, time frames, the status of his/her request, and so on. The Hardship Coordinator is available to answer questions from employees and managers.
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The Employment Branch Chief or designee will determine if the employee’s hardship meets the hardship criteria. If the criteria are not met the Hardship Coordinator will notify the employee through his/her manager that the application is not accepted. If the criteria are met the hardship transmittal package will be faxed to:
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The losing Director, Field Operations or other executive reporting to the Chief, CI, to determine that the employee is not currently the subject of a known conduct investigation.
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The gaining Director, Field Operations or other executive reporting to the Chief, CI, to verify that the position can be accommodated and that work is available, and
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The Director, Finance (CI:S:F) to verify that funding is available. The Director, Finance will send the completed transmittal back to the Hardship Coordinator.
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The approving official will approve/disapprove the request. The Chief, CI, will be the final approving official for all hardship transfer applications, except in those cases when a trainee special agent submits an application while still in training in Glynco, GA. The Director, Strategy will serve as the approving official for those applications.
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The hardship transmittal will then be simultaneously faxed or routed to:
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The gaining office, who will initiate a reassignment Personnel Action Request (PAR). The PAR should include a remark that the reassignment is made as a result of a Hardship Transfer Request.
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The Hardship Coordinator will monitor the clearances of all required programs and consider any other hardship requests that are pending for the requested office. The Hardship Coordinator will then contact the appropriate manager to determine an effective date and reporting date once all the clearances are obtained. Once an effective date is determined, the Hardship Coordinator will note the date on the transmittal form and forward a copy of it to the Director, Finance (CI:S:F).
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The employee must provide verifiable documentation justifying the hardship request (e.g. physician’s letter, letter from fiance, letter from spouse’s employer, and/or letter from special education facility, etc.). The documentation must also explain why the move has to be to the location identified. When identifying posts-of-duty (POD) desired on the Form 4536, Application for Promotion/Reassignment, order of preference will be identified if more than one location could alleviate the hardship. The employee must also keep his/her first-line manager and the Hardship Coordinator apprised of any changes in the situation causing the hardship.
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Hardship transfer applications expire on December 31 of each year. To extend consideration into the next year, the employee must re-certify that the hardship still exists prior to December 31. This re-certification will be submitted in writing to the first-line manager along with updated documentation. The first-line manager will then forward this information to the Hardship Coordinator, along with an updated MPQ and performance appraisal.
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The Personnel Officer will certify that the circumstances of the claimed hardship meet the definition of hardship. Examples of hardship situations or circumstances are listed below. This list is not intended to be all-inclusive. There may be other situations when the totality of circumstances constitute a hardship situation.
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The employee or employee’s immediate family is experiencing a significant hardship. "Immediate family" refers to spouses, parents (or legal guardians), brothers, sisters, and children. "Step " relationships and life partners are included in the definition of immediate family.
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If medical in nature, the hardship must be serious, affecting major life functions, and not treatable in the employee’s current location. For example, a severe condition of hay fever that might be alleviated by relocation to another geographic area would not be considered a significant hardship unless the employee’s condition is so severe that it cannot be alleviated or controlled by recognized medical treatment.
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Access to a hospital that specializes in treatment of a specific life threatening disease or condition would qualify as a hardship, even through there is a general care hospital in the employee’s current location.
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Access of special educational facilities (for example, schools for hearing or visually impaired) would be considered a significant hardship if there is no equivalent facility in the employee’s present location.
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Employment-related situations that constitute a hardship situation include any spouse, fiance, or life partner being offered the choice of relocation or unemployment, receiving a promotion opportunity in another location, losing a job and receiving a job offer in another location, or receiving military orders to relocate. The employee's personal employment situation will not be considered a hardship if the employee willingly created the situation (i.e., accepted a position in POD X, but later decides another location is preferred).
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In cases involving special agent trainees in his/her first year on the job, the hardship must not have been present at the time the final job offer was accepted by the employee.
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Generally, CI will adhere to the established IRS policy on hardship transfers that states:
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If the hardship recipient is at or below the journey level, assignment can only be made at the employee’s current grade.
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Hardship recipients, who are above the journey level, may be limited to positions in his/her current occupation at the journey level. However, in CI, if the special agent is a non-supervisory field GS-1811, the transfer will be at the current grade level of the employee.
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If the hardship recipient’s current grade is above the journey level, he/she will receive the Highest Previous Rate if the new position is at the journey level.
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Criminal Investigation may attempt to accommodate a hardship eligible by offering assignment to a position in another series or occupation when it is determined that the employee is qualified and there is no vacancy in the employee’s current series.
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Refer to the Financial Operating Guidelines for policy on transfer of funds and full-time equivalent (FTE) in or out of CI’s financial plan.
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The Law Enforcement Officer Voluntary Office of Preference Program (VOPP) provides a means for journey-level and above special agents to apply for placement in a field office in a preferred location. Interested special agents will be able to submit his/her applications for the VOPP during an annual open period. Special agents will be able to move only once in his/her career under this program.
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Special agents can apply only during the open period. The servicing employment office will issue a written announcement prior to the open period that will explain the application procedures.
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Recognizing management’s responsibility to balance organizational needs with an agent’s desire to relocate, the VOPP is an additional placement instrument that can be utilized to benefit employees and CI. Nothing in the following procedures will preclude CI management from filling vacant positions by any other available option. Many factors will be considered when making placement decisions, including grade level mix, expertise of the workforce, and special qualification needs. Criminal Investigation will avoid placements that result in an imbalance of senior agents and trainees in either the gaining field office or the losing field office.
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A special agent cannot be considered for a promotional opportunity under the VOPP.
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Moves between PODs within a field office can be made at the discretion of the SAC.
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Moving expenses are not authorized under the VOPP.
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The open period will begin January 1st and end on January 31st of each year. Special agents remaining on the previously established list need not reapply, unless his/her field office(s) of preference have changed.
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Interested special agents must submit a Form 4536 and a Form 9686, Merit Promotion Questionnaire (MPQ) to his/her first-line manager during the open period. The special agent’s first-line manager will promptly forward the signed and completed forms, along with a current performance appraisal and Form 12337, Retention Standard, to the Voluntary Office of Preference Coordinator, in the servicing Employment Office.
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Special agents will submit a separate Form 4536 for each field office for which he/she are interested. Additionally, every POD within the field office for which the special agent wishes to be considered must be listed in Section 11, Desired Post of Duty. A list of available PODs will be included with the announcement.
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Personnel will verify that interested special agents meet the eligibility requirements of this program. Special agents will be placed on a list by POD based on seniority as determined by his/her 6c-retirement date. Special agents will be notified of his/her rank order on the list after it is established and remain on the list until he/she are selected or withdraw. Each year, new applicants to the program will be added in 6c rank order to the bottom of each of the prior years’ POD lists.
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To withdraw his/her name from consideration, special agents can submit a written statement or E-mail to the VOPP Coordinator in the Personnel Office. If a special agent declines a placement made through VOPP, his/her name will be removed from all lists. The special agent may reapply during the next open period, but he/she will be considered a new applicant.
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The Personnel Office will request updated evaluations if the appraisal accompanying the application is more than one year old and the servicing Labor/Employee Relations Office will verify that the applicant has not been the subject of a disciplinary or performance-based action.
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After each year’s lists of interested special agents is compiled, the VOPP Coordinator will distribute all the lists to the Directors of Field Operations and HQ executives. The Directors, Field Operations and executives will meet on a periodic basis to coordinate the placement of special agents in preferred cities whenever possible. However, placements can be made at anytime deemed appropriate by CI management. The servicing Personnel Office will provide an applicant’s paperwork to SACs and HQ executives upon request. Placements, effective dates, and reporting dates will not be finalized without the involvement of the VOPP coordinator.
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Special agents will be placed into preferred cities in rank order. A special agent can be by-passed for a VOPP reassignment for valid business reasons (i.e., need for special qualifications such as a foreign language, balancing organizational stability, and maintaining an acceptable grade level mix). However, the Deputy Chief, CI, must concur on these cases.
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To initiate a placement under this program, the gaining SAC’s field office will submit a reassignment, Personnel Action Request. The following comment will appear in the Remarks section: "Placement of Special Agent Xxxx Xxxxx under the Voluntary Office of Preference Program."
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The VOPP coordinator will notify the gaining SAC once all clearances have been made. The SAC can then contact the "losing" SAC and Director, Field Operations to determine a mutually agreeable reporting date.
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For a special agent to be eligible for a VOPP assignment, all of the following conditions must be met:
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The special agent must have at least five years experience as a special agent by the closing date of the announcement;
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The special agent must have worked in his/her commuting area for at least five years.
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The special agent has not been granted a previous VOPP relocation. (This is a one-time benefit.)
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The special agent has not received a letter of reprimand within the last two years or been subject to a disciplinary/adverse action or a performance-based action within the last three years (as of the closing date of the announcement and at the time of placement).
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The special agent’s most recent performance appraisal rating (as of the closing date of the announcement) must be at least fully successful.
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The special agent is not currently the subject of a known conduct investigation or serving an opportunity period to improve performance (as of the closing date of the announcement and at the time of placement).
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Generally, special agents will report to his/her new office within 90-days after the move to the preferred location is approved. The losing and gaining SACs must approve a special agent’s request to report later than 90-days.
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Voluntary relocation placement will not count against the number of field office promotions for two years.
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Special agents who complete instructor assignments at the National Criminal Investigation Training Academy (NCITA), will be allowed to choose a vacant POD for assignment after completion of his/her rotational assignments. If a vacancy exists, generally his/her request will be honored.
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The NCITA rotational assignments in Glynco, Georgia, are NCITA instructor teaching NCITA classes and instructor for the Federal Law Enforcement Training Center (FLETC). The minimum term for these assignments is three years.
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A special agent who completes one of these rotational assignments will be reassigned to a non-management, GS-13 field special agent vacancy at the conclusion of his/her assignment. A special agent may choose a new POD from the list of PODs with special agent vacancies maintained by the NCITA; or, if preferred, he/she will be allowed to return to his/her previous POD barring a valid business reason (i.e., POD to be closed); the Director, Planning and Strategy will be advised. The Deputy Chief, CI, must concur if a special agent’s choice cannot be accommodated.
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To initiate a reassignment under this program, the gaining SAC’s field office will submit a reassignment, Personnel Action Request. The following comment will appear in the Remarks section: "Reassignment and NCITA relocation for special agent Xxxx Xxxxx."
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These reassignments will be completed prior to utilizing the VOPP to fill vacancies.
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All other required programs, such as, Priority Placement, Priority Consideration, and hardship transfer requests must be cleared before any reassignment action is taken.
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Relocation expenses are authorized for moves to and from rotational assignments at the NCITA.
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A Supervisory Special Agent (SSA) may encounter a situation for which disciplinary action of a CI employee should be considered. The SSA will always consult with the Assistant Special Agent in Charge (ASAC), SAC, and Employee/Labor Relations before taking any such action.
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Special Agents in Charge, Resident Agents in Charge (RAC), and executive-level Directors have the approval authority to place a CI employee for a limited period of time in a paid, non-duty status (i.e., administrative leave) for conduct-related disciplinary or adverse actions.
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The decision to place an employee on administrative leave will only be made in cases involving serious misconduct. This status will not be used in cases involving less than adverse actions or when the allegation being investigated appears to be less serious.
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Administrative leave may be necessary during the advance notice period of a proposed adverse action case when there are valid safety concerns or when the Treasury Inspector General for Tax Administration (TIGTA) is investigating allegations of threatening behavior, violence in the workplace, or illegal behavior.
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Prior to making the decision to place a CI employee on administrative leave managers will explore other options such as detailing the employee to another field office or business unit, performing miscellaneous support work, or assigning special agents to non-law enforcement duties.
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When a CI employee’s continued presence in the workplace during the notice period for a conduct-related disciplinary or adverse action may pose a threat to the CI employee or others, result in loss of or damage to government property, or otherwise jeopardize legitimate government interests, CI management may elect one or a combination of the following alternatives pursuant to 5 CFR §752.403:
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Assign the employee to duties where he/she is no longer a threat to safety, the agency mission, or to government property.
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Allow the employee to take leave, or carry him/her in an appropriate leave status (annual, sick, leave without pay), or absence without leave, if the employee has absented himself/herself from the work site without requesting leave.
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Place the employee in a paid, non-duty status (administrative leave) for such time as is necessary to effect the action. If after consulting with an Employee/Labor Relations specialist, a decision is made to place an employee on paid, non-duty status for more than three days, the Director, Field Operations will notify the Deputy Chief, CI.
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Curtail the notice period when the agency can invoke the crime provision (see 5 CFR §752.404(d)(1)) when the agency has reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment may be imposed and a nexus is established between the alleged crime and the efficiency of the IRS.
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Placement of an employee on limited administrative leave is appropriate in situations where no alternative to retention of the employee in a duty or approved leave status is possible.
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Managers are responsible, with the assistance of his/her servicing Labor/Employee Relations Specialist, for developing and maintaining a documentary record for decisions placing an employee on conduct-related administrative leave. A copy of this documentation will be forwarded to the Director, Employee Conduct and Compliance (ECCO).
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Managers are responsible, with the assistance of his/her servicing Agency-Wide Shared Service (AWSS) staff, for developing and maintaining a documentary record for decisions placing an employee on conduct-related administrative leave. A copy of this documentation will be forwarded to the Director, Employee Conduct and Compliance (ECCO).
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The Commissioner's 1203 Review Board will review instances of extended conduct-related administrative leave.
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See IRM 6.600.1, Leave Administration and Work Scheduling for additional guidance on the processes and principles to be followed for conduct-related administrative leave actions.
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Since law enforcement officers are held to a higher standard, CI implemented a policy requiring a special agent to promptly report if he/she is arrested. The GS-1811 law enforcement personnel in CI must report any and all arrests to his/her first-line manager no later than the next scheduled workday. The notification can be made verbally or in writing and will include the date of the arrest, the specific offense for which the arrest was made, and the name and address of the law enforcement agency making the arrest. If available, the employee will provide management with a copy of the arrest report. Excluded from this requirement are traffic violations that result in fines of less than $150 and that do not result in the loss of driving privileges.
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The first-line manager will ensure this information is promptly reported to TIGTA and to his/her SAC (or equivalent). Treasury Inspector General for Tax Administration will be responsible for obtaining the arrest report if not provided by the employee and any other pertinent documents. Treasury Inspector General for Tax Administration will also conduct any other necessary investigation into the matter. Based upon the initial review, TIGTA may conduct a full investigation or may refer the matter back to CI for administrative handling.
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It is important to note that decisions relative to employment will not be based upon the fact that the employee was arrested. Rather, the arrest information may form the basis for further investigation into the circumstances surrounding the matter. However, an employee who fails to report an arrest to management could be subject to disciplinary action.
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The 2001 Treasury and General Government Appropriation Act includes a provision that requires removal of a Federal law enforcement officer (LEO) who is convicted of a felony that is entered by a Federal or state court. This provision was effective January 20, 2001, and applies to a felony conviction of any CI employee in the GS-1811 job series that occurs after that date.
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The special agent will receive written notice of the impending removal no later than five calendar days after CI receives notice of the felony conviction and confirms its validity. The normal 30-day advance notice for an adverse action will not apply.
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The special agent will still have an opportunity to reply to the proposed removal, the right to be represented by an attorney or other representative, and the right to a written decision letter. In the reply, the special agent can only respond on the limited grounds of whether
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the special agent is a LEO
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the special agent was convicted of a felony
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the felony conviction was overturned on appeal
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The removal must be effected on the last day of the first full pay period after the agency receives notice of the felony conviction. Neither delay in receiving written notice of the impending removal nor the filing of an appeal of the conviction can delay the effective date of the removal.
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If a special agent, who has been removed under this provision, is successful in having the conviction overturned on appeal, the IRS will retroactively set aside the removal, and the employee will be entitled to back pay for the period in which the removal was in effect.
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While the law mandates that the special agent be removed from holding a law enforcement position, the IRS has the discretion to allow the special agent to continue in Federal employment. If a suitable vacancy is available immediately and the special agent meets all qualification requirements to be placed in the position, reassignment to the non-law enforcement position must be made by the last day of the first full pay period after the agency receives notice of the felony conviction.
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The IRS is not required to cancel or delay a removal or reassignment action it was already taking or had taken under other adverse action provisions, so long as the special agent is out of the law enforcement position by the required date.
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The Lautenberg Amendment makes it illegal for a person convicted of a misdemeanor crime involving domestic violence to possess a firearm.
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A special agent is required to advise his/her first-line manager if he/she was convicted or plea nolo contendre to a domestic violence charge.
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These positions are similar to special agent positions in the competitive service. However, the individual appointed must be required to perform highly skilled and sensitive investigations without the knowledge of the person(s) under investigation. The investigations involved in these assignments are of an unusual nature and require investigative skills for which it is impractical to examine.
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Typically, a Schedule A appointee will be directly responsible to HQ CI, rather than the normal supervisory echelons within the areas to which he/she is assigned.
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The Chief, CI, has the sole authority to approve selections to the position of Criminal Investigator (special agent) under the authority of Schedule A, 5 CFR §213. See IRM 6.300.2, Special Employment Program.No more than five positions will be filled concurrently using this appointment authority.
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Submission of a request for a Schedule A appointments will be submitted to the Chief, CI. Such requests will include a sufficiently detailed description of the assignment without compromising either the appointee or the assignment itself. Personnel Action Requests (PAR), for a selection under this appointing authority must include a reference to the approved request by the Chief, CI, in the remarks section, and be accompanied by the approved request containing the signature of the Chief, CI.
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The authority to approve and effect final personnel actions for appointments, position changes, and separations for centralized positions is retained at HQ. No commitments or personnel actions involving such positions will be made or taken by field officials without prior approval of the Chief, CI.
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Personnel Action Requests relating to centralized positions will be submitted to the Chief, CI, by the Director, Field Operations.
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To facilitate these actions, care should be taken to ensure a PAR is complete, particularly with respect to information required for preparation of Standard 59, Request for Approval of Noncompetitive Action, that is not on record in HQ, such as insurance coverage in the case of new appointees and forwarding address and leave balance in the case of retirees. When required by applicable qualifications standards, the recommending officer should certify that the candidate possesses the personal qualifications essential to the successful performance of the duties of the position. The PAR should be accomplished by such forms and documents as may be needed by HQ in the consideration of the request, such as an application for employment, Standard Form 59, qualifications evaluations, and copies of notices and replies in cases of proposed adverse action.
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Centralized Schedule A Appointments for CI in CI will be submitted to the Chief, Human Capital Officer.
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Appointments will be temporary, normally not to exceed one year. The Chief, CI, may extend the appointment as necessary.
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Schedule A appointments will only be used to secure the services of an individual who possesses specialized skills necessary for a specific assignment, but who may not meet all of the qualifications for competitive employment. The appointment is normally terminated upon completion of the specific assignment, which justified the appointment. However, the experience gained may be credited toward qualification for a competitive position, as outlined in the qualification standards.
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Appointments will be made at the grade level necessary to secure the appropriate appointee (if feasible, veterans preference will be given in making the appointment). Normally the appointee will be hired at the GS–5 or GS–7 level, with promotions allowable without regard to competitive qualification requirements.
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The Criminal Investigator Part-Time Employment Program (CIPTEP) began in response to the Executive Directive of July 11, 1994, entitled Expanding Family Friendly Work Arrangements in the Executive Branch.
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The goal of the CIPTEP is to provide a work schedule compatible with the "Family Friendly" Executive Directive without hampering CI's effectiveness.
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In order to qualify for CIPTEP, all of the following conditions must be met:
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The existence of a situation or condition which severely limits a special agent's ability to fulfill the obligations of full-time employment.
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The special agent must have at least four years service as a special agent.
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The special agent must have at least fully successful performance evaluations for the previous two years.
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This situation or condition may include child-care, elder-care, care of a terminally ill family member, or a chronic illness or physical problem.
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A special agent must submit requests for participation in the CIPTEP through his/her first-line manager.
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The first-line manager will consider the request, balancing the personal needs of the requesting special agent with the operational needs of the organization.
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In substructured offices, the first-line manager will forward the request, and his/her recommendation, through the chain of command to the SAC or appropriate Director within 30-days of receipt.
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The SAC or Director will make the final decision on the request within 30-days of receipt. If the request is denied, the SAC or Director will specify the reason(s) for denial. If possible, the SAC or Director will also propose an alternative course of action to alleviate any hardship.
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Approval to participate in the part-time employment program is granted in increments that will not exceed one year. Participants may request renewals, or may reapply, in increments of one year or less. Total career participation will not exceed five years (260 weeks).
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Work schedules in this program must be at least 16 hours, but not more than 32 hours per week (A participant may occasionally work more than 32 hours per week, but for no more than two consecutive pay periods).
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Pay for participants will be calculated on an hourly basis, computed at the hourly rate for his/her grade and step, and will include any applicable geographic pay and special pay adjustment for law enforcement officers.
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Law Enforcement Availability Pay (LEAP) is not appropriate for participants because they are not expected to work substantial amounts of overtime. Participants must submit a request to voluntarily opt-out of LEAP in order for his/her application to be considered.
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A special agents in the CIPTEP may work alternative/compressed work schedules in order to maximize the amount of his/her availability. Authorized schedules include flexi-tour with credit hours, and 5/4/9. Requests to work a 4/10 schedule must be approved by the Director, Strategy.
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A participant may be eligible for night differential and holiday pay. He/she is not eligible for Sunday premium pay due to Federal part-time employment regulations.
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Upon approval to participate, a Personnel Action Request will be prepared to reflect the change in work schedule and tour of duty.
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Participants are not eligible for voluntary reassignment, except for hardship transfers or Dual Careers Supported reassignments. In these instances, the gaining manager(s) must approve continuation of participation in the program.
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Participants will not be assigned government vehicles.
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A participants will be rated based on his/her assigned duties, consistent with his/her approved work schedule.
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Requests to participate in the CIPTEP Employment Program in order to work a second job will not be granted.
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Participants who request authorization to engage in outside employment will normally be required to resume full-time employment before such a request is granted.
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However, under certain circumstances, outside employment may be compatible with participation in the program. For example, if participation was based on child-care considerations, employment caring for multiple children simultaneously may be appropriate.
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The effects of part-time employment on retirement annuity and other benefits are outlined in the following subsections.
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Part-time employment does not affect the length of service computation or the retirement eligibility date. A special agent may still retire at age 50 with 20 years of service, even if five of those years were part-time.
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Part-time employment does reduce the retirement annuity. To calculate the reduced annuity, the number of "work hours" is added over the career, and this sum is divided by the number of full-time hours that would have been worked over the same period. The resulting percentage is then multiplied by the annuity to which the employee would have been entitled if the employee had been full-time over the entire period. For example: full-time employment (40 hours per week) = 2,080 hours per year, x 20 years = 41,600. Part-time employee (e.g., 24 hours per week = 1,248 hours per year), x 5 years = 6,240 + (2,080 x 15 = 31,200) = 37,440; 37,440 / 41,600 = 90%. Therefore, the employee is entitled to 90% of the annuity, which would have been due to a full-time employee. This formula is applied whether the employee is covered by Civil Service Retirement System (CSRS) or Federal Employee Retirement System (FERS).
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Each of these items is based on a percentage of the employee's gross salary, regardless of whether the employee is full-time or part-time. Therefore, aside from the lower gross salary against which the percentages are applied, there is no difference in these items for full-time and part-time employees.
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The government's contribution to the Federal Employees Health Benefits Program is pro-rated in proportion to the percentage of time an employee works. For example, an employee who works 24 hours per week works 60% of the time a full-time employee works. Therefore, the government's contribution for that employee's health benefits would be 60% of the amount, which it pays for a full-time employee.
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Leave is accrued as outlined in the following subsections.
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Part-time employees accrue sick leave at the rate of one hour for every 20 hours in pay status.
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Part-time employees accrue annual leave in accordance with his/her length of service. Those with between 3 and 15 years of service accrue one hour for each 13 hours in pay status. Those with more than 15 years of service accrue one hour for every 10 hours in pay status.
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Part-time employees have the same rights as full-time employees when disciplinary action is taken against them. In a Reduction in Force (RIF), part-time employees have assignment rights only to part-time positions.
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The Student Career Experience Program (SCEP) is an integral part of CI's Recruitment and Hiring Strategy. The primary objective of this program is to identify, recruit and train promising individuals for a direct career path to the special agent position within CI. Other objectives include having a presence at colleges and universities as part of a continuous recruitment effort and providing a closer assessment of future special agents. The Student Career Experience Program provides maximum program flexibility for students, while at the same time allowing CI to be able to obtain a complete assessment of student skills, competencies, and potential to become a special agent.
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The Special Agent Student Trainees (SAST) may conduct routine interviews, receive and examine data produced in compliance with a summons, analyze financial records and research databases. Special Agent Student Trainees are prohibited from participating in any enforcement activity, (i.e., surveillance, and the execution of arrests, search and seizure warrants).
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Special Agent Student Trainees are required to maintain an electronic diary. A Form 5043, Criminal Investigation Monthly Activity Report will be completed monthly and submitted to the SSA for informational purposes, but not input into the CIMIS system.
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Additional guidance on the SCEP, as well as, the Student Career Experience Program Guide can be found in the Human Resources page of the CI web.
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The Leadership Development Program (LDP) provides a mechanism for defining a career path for special agents (SAs) from the Front Line Readiness Program (FLRP), through Front Line and Senior Management positions. The LDP is key to preparing CI for the future. It is the roadmap for identifying, developing, and selecting future leaders. It assists CI in more effectively balancing employee skills and preferences against organizational needs and assists in succession planning. The LDP is the primary means for filling CI leadership positions.
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Information concerning the LDP can be found on the Human Resources page of the CI web.
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Law Enforcement Availability Pay (LEAP) is a mechanism for compensating GS-1811 law enforcement personnel in the Federal government for unscheduled overtime, including periods when a Criminal Investigator is designated by the agency to be available for duty. This compensation is equal to 25% of the special agent’s base pay, including locality pay. Law Enforcement Availability Pay is considered part of basic pay for the computation of retirement benefits, life insurance, leave payments (including lump sum payments for accumulated annual leave), the Thrift Savings Plan (TSP), severance pay, advances in pay, and worker's compensation payments.
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At the beginning of each calendar year, each special agent is required to certify to his/her first-line managers that he/she will work, or be available to work, unscheduled duty at an average annual rate of two hours per workday. Each manager is also required to certify that the special agents under his/her supervision met this requirement in the past year (if applicable), and is expected to continue to meet the requirement throughout the coming year.
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It is management's position that it is in the best interest of CI and the IRS for agents to work, as opposed to merely being available to work for the overwhelming majority of these hours. Law Enforcement Availability Pay time is tracked in quarter hours in the electronic diary and reported on Form 5043, Criminal Investigation Monthly Activity Report.
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Managers are responsible for ensuring that special agents have sufficient work assignments to comply with the requirements and expectations set forth above.
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A special agent receiving LEAP is entitled to request accommodation related to his/her religious beliefs as defined in IRM 9.11.4.12 below.
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In extraordinary situations, special agents may submit a written request for a temporary exemption from unscheduled duty assignments due to a personal hardship. This request should also state that this is a request for the voluntary cessation of LEAP for the duration of the temporary hardship exemption.
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A request must state the nature and expected duration of the hardship, and be for a period not to exceed six months. The SAC or Director, Field Operations must approve the request.
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Hardship exemptions, which extend beyond six months must be approved by the Chief, CI.
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The decision to approve temporary hardship exemptions rests entirely with the IRS. The organization is under no obligation to grant an exemption, regardless of precedent. Decisions will be made on a case by case basis, balancing the needs of the organization with the needs of the employee.
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Involuntary cessation of LEAP is an adverse action.
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Failure to perform or refusal to accept unscheduled duty assignments, or failure to complete the annual LEAP certification form, may result in disciplinary action, including, but not limited to, the involuntary cessation of LEAP, or removal from the position of special agent or the IRS.