U.S. Office of Personnel Management www.opm.gov - Recruiting, Retaining and Honoring a World-Class Workforce to Serve the American People

A. No.  Agencies are not required to have their performance appraisal system certified by OPM.  However, certification by OPM with concurrence by the Office of Management and Budget (OMB) would allow an agency to increase the maximum rate payable and the aggregate limitation on pay for employees in Senior Executive Service, senior-level (SL), and scientific or professional (ST) positions.

Note that an agency's performance appraisal system for its senior executives and senior professionals (SL and ST) must make meaningful distinctions in relative performance and/or contributions to the agency's mission in order to receive certification.

A. Yes, so long as the employees the agency excludes from one system are covered by another performance appraisal system the agency establishes under chapter 43 of title 5, United States Code, and part 430 of title 5, Code of Federal Regulations (unless the employees are in the excepted service and the agency has obtained from the Office of Personnel Management a separate approval for their exclusion).

A. Yes, for excepted service positions only. Under section 4302(g) of title 5, United States Code, and part 430 of title 5, Code of Federal Regulations (CFR), the Office of Personnel Management has the authority to exclude positions not in the competitive service from the requirements of 5 United States Code, chapter 43 and 5 CFR Part 430 when requested by the head of the agency.

A. Yes. Provided the temporary employees meet the requirements established at section 4302(h) of title 5, United States Code, an agency can exclude them from its performance appraisal system. Under that section, an agency may exclude an employee who:

• is serving in a position under a temporary position for less than 1 year,
• agrees to serve without a performance evaluation, and
• will not be considered for a reappointment or for an increase in pay based in whole or in part on performance.

In addition, the Office of Personnel Management has already excluded by regulation in part 430 of title 5, Code of Federal Regulations, any excepted service employee in a position for whom employment in a consecutive 12-month period is not reasonably expected to exceed the minimum period that would otherwise have applied to the employee.