|
225 FW 9 |
Supersedes 225 FW 9, FWM 156, 08/18/1994 Date: March 11, 2009 Series: Personnel Part 225: Classification, Pay, and Allowances |
|
|
9.1
What is the purpose of this chapter? This chapter establishes policy and procedures for using
recruitment, relocation, and retention incentives and supervisory
differentials to assist and enhance the U.S. Fish and Wildlife Service's
efforts to recruit and retain a qualified workforce. 9.2
What is the scope of this chapter? This chapter applies to all employees who meet the
specific eligibility requirements for payment of recruitment, relocation, and
retention incentives and supervisory differentials. 9.3
What is our policy for using optional pay incentives? It is Service policy to: A. Use pay flexibilities such as
recruitment, relocation, and retention incentives and supervisory
differentials when necessary to recruit and retain a diverse, well-qualified
workforce; and B. Ensure compliance with Service
and Department of the Interior policies and regulatory requirements when
using these flexibilities. 9.4
What are the authorities for this chapter? A. Federal Workforce Flexibility Act
(5 U.S.C. 5753 and 5754). B. Recruitment, Relocation, and
Retention Incentives, and Supervisory Differentials (5 CFR 575, subparts A, B, C, and D). 9.5
What terms do you need to know to understand this chapter? A. Competencies are the
knowledge, skills, abilities, behaviors, and other characteristics an
employee needs to perform the duties of a position. B.
Continuing pay
means the aggregate of all continuing payments and annual premium pay an
employee receives at any time. C. Rate of pay means the rate fixed by law or administrative
action for the position to which the employee is or will be appointed before
deductions and including: (1) Any special rate under 5 CFR part 530, subpart C, (2) Any locality-based comparability
payment under 5 CFR part 531, subpart F, or (3) Special pay adjustments for law
enforcement officers under section 404 of the Federal Employees Pay
Comparability Act of 1990 (Pub. L. 101-509). D. A supervisory pay differential
is a payment to a General Schedule supervisor who supervises one or more civilian
employees not under the General Schedule if one or more of those subordinate
employees would, in the absence of such a differential, be paid more than the
supervisor. E. A
supervisor is a
Service employee who has the
authority to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove employees,
to adjust their grievances, or to effectively recommend such action. For
units that include firefighters, the term “supervisor” includes only those
individuals who devote a preponderance of their employment time to exercising
such authority. 9.6
Who is responsible for recruitment, relocation, and retention incentive pay
and payment of supervisory differentials? A. The Director is
responsible for the overall administration of recruitment, relocation, and
retention incentives and supervisory differentials. B. Regional Directors (RDs), Assistant Directors (ADs),
and the Chief, Office of Law Enforcement (OLE): (1) Are responsible for the fair,
equitable, and fiscally responsible administration of this policy; (2) Approve or disapprove requests
for recruitment, relocation, and retention incentives; and (3) Approve or disapprove supervisory
differentials. C. The AD - Budget, Planning and Human
Capital (ABHC): (1) Serves as technical advisor to
the Director on incentives and supervisory differentials, and (2) Oversees the use of these
authorities, reviewing approved incentive requests and signing to indicate
that the justification is technically sufficient. D. The Chief, Division of Human
Capital reviews requests for paying incentives for technical adequacy. E.
Regional Human Resources Officers: (1) Advise managers on the provisions
in the chapter; (2) Review requests for recruitment,
relocation, and retention incentives and payment of supervisory differentials
and recommend approval or disapproval to the RD, AD, or Chief, OLE; and (3) Assure the completeness of
Regions’ requests. 9.7
Who approves payment of incentives for members of the Senior Executive
Service and senior-level scientific and professional positions? A. The Executive Resources Board
approves recruitment, relocation, and retention incentives for employees in a
Senior Executive Service or senior-level scientific or professional position.
B. Address such requests to the
Assistant Secretary – Fish and Wildlife and Parks, Chairperson, Executive
Resources Board. Send the requests to the Division of Human Capital for
review and to obtain concurrence from the Director. 9.8
What do employees need to know about recruitment incentives? Table 9-1 describes what you need
to know about recruitment incentives.
9.9 What
do employees need to know about relocation incentives? Table 9-2 describes what you need to
know about relocation incentives.
9.10 What
do employees need to know about retention incentives? Table 9-3 describes what you need
to know about retention incentives.
9.11 What are the requirements of service agreements? We use service agreements to help
ensure employees stay with the Service when we have paid an incentive to
recruit or retain them. A. A manager may not establish a
service agreement for less than 1 year for a recruitment incentive. The
maximum length is 4 years. B. A manager may not establish a
service agreement for less than 1 year for a relocation incentive unless there
is a temporary change in an employee's duty station for a period of less than
1 year. In these cases, the manager must justify why the required period of
employment is less than 1 year. C. Service agreements for retention
incentives are for 1 year, as payment of a retention incentive is for 1 year
at a time. D. The service agreement must
include: (1) The start and end dates of the
required service period. (a) The required service period must begin
with the first day of a pay period and end on the last day of a pay period.
The service period begins on the first day of the first pay period beginning
on or after the effective date of the appointment for which the employee is
receiving the incentive, except as described in (b) below. (b) If successful completion of
training is necessary for continued employment in the position, the manager
can delay the start date of the service agreement until the employee
completes an initial period of training. (2) The total dollar amount of the
incentive and the timing and amounts of each incentive payment. (3) The conditions under which the
Service may terminate the agreement and the conditions under which the
employee must repay the incentive (see section 9.13 for more information about repaying the
Service). (a) For example, the Service may
terminate service agreements if the employee: (i) Is demoted or separated for cause, (ii) Receives a rating of record of
less than “Fully Successful,” or (iii) Otherwise fails to fulfill the
terms in the service agreement. (b) We may also terminate service
agreements based on management needs. (c) The manager must notify the
employee in writing when we terminate a service agreement. E. The termination of a service
agreement is not subject to appeal or grievance. F. Service in non-pay status will not
count toward satisfying the service obligation and will extend the period of obligated
service by an equal amount of time. G. For a recruitment incentive,
failure to meet the terms of a service agreement occurs when an employee
leaves the Department before completing the period of employment the service
agreement specifies. H. For a relocation incentive,
failure to meet the terms of a service agreement occurs when an employee
leaves the duty station before completing the period of employment the
service agreement specifies. I. See Exhibit 1
for a sample service agreement. 9.12
How does the Service pay incentives? A.
Recruitment and relocation incentives are calculated as a percentage of the employee’s rate of
basic pay. Payment of a recruitment incentive is subject to the
aggregate pay limitations under 5 CFR Part 530, subpart B. We pay recruitment and
relocation incentives using one of the following methods, and we clearly
state the method we will use in the service agreement: (1) A single lump sum at the beginning
of the service period; (2) A single lump sum at the
completion of the full service period; or (3) Installments, either equal or
variable, throughout the service period. B.
Retention incentives are calculated as a percentage of the employee's rate of basic pay.
Payment of a retention incentive is subject to aggregate pay limitations under 5 CFR Part 530, subpart B. (1) We pay retention incentives using
one of the following methods: (a) Installments after completion of
specified periods of service, including payment each pay period in the same
manner as basic pay; or (b) A single lump sum at the
completion of the service agreement. (2) Retention incentives cannot be
paid in a single lump sum at the start of the service agreement. (3) The total retention incentive
cannot be paid before the service agreement is completed. (4) A retention incentive cannot be
paid during the time established in a service agreement for a recruitment or
relocation incentive. After retention incentive payments begin, we may
pay a relocation incentive without impacting the retention incentive. C. Making payment determinations:
(1) Because managers make
determinations for the payment of recruitment, relocation, and retention
incentives on a case‑by‑case basis, payment in one instance does
not guarantee payment in similar instances. We review all requests
independently. (2) Determinations on the payment or
nonpayment or termination of recruitment, relocation, and retention
incentives are final. Employees do not have the right to appeal or grieve
determinations. (3) Incentive payments are not part
of the employee’s rate of basic pay for purposes of pay adjustments and
retirement pay. 9.13 When must an employee repay an incentive? A. An employee who fails to complete
the period of service established under a service agreement must reimburse
the Service for the recruitment, relocation, or retention incentive on a pro
rata basis. The employee receives credit for each full pay period of
employment he/she completes under the service agreement. B. The employee’s salary is offset
to collect the amount owed (see 5 U.S.C. 5514). If the person is no longer a Federal
employee, we will collect the repayment through the appropriate debt
collection provisions. C. The Secretary may waive the debt
in whole or in part if recovery would be against equity, good conscience, or
the public interest. The Secretary may approve an employee’s request for
waiver when the employee is involuntarily separated for other than cause
(e.g., reduction in force). The Secretary will not approve a request for
waiver for an employee who is separated for cause. D. If we terminate a service
agreement based on the Service’s management needs, the employee is entitled
to: (1) All incentive payments that are
attributable to completed service, and (2) To retain that portion of an
incentive payment already paid that is attributable to uncompleted service. 9.14
What are the criteria for paying supervisory differentials and how are they
calculated, adjusted, and terminated? A.
Criteria: (1) When determining whether to pay a
supervisory differential and the amount of such a differential, managers must
consider the relationship in pay among GS supervisors in the same
organizational component, as well as the relationship in pay between the
supervisor and his or her subordinates. (2) We will not pay a supervisory
differential when the differential is based on the supervision of an employee
whose rate of basic pay exceeds the maximum rate of basic pay for grade GS‑15.
(3) We must document each
determination to pay a supervisory differential. B.
Calculating and Paying the Supervisory Differential: (1) A supervisory differential is a
percentage of the supervisor's rate of basic pay or a specified dollar
amount. (a) We pay the supervisory differential
in the same manner and at the same time as the supervisor's basic pay (i.e.,
the differential is paid at an hourly rate for each hour during which the
supervisor receives basic pay). (b) The payroll office calculates the
continuing pay of the supervisor and the subordinate on an annual basis, even
though one or both of these individuals may work a part‑time work
schedule. (The continuing pay of the subordinate does not include overtime
payments other than payment for administratively uncontrollable overtime or
standby duty.) (2) The amount of a supervisory
differential must not cause the supervisor's continuing pay to exceed the
continuing pay of the highest paid non‑GS subordinate by more than 3
percent. A management official may recommend a differential for amounts
equaling less than 3 percent. (3) To compare the continuing pay of
a GS supervisor with the continuing pay of a non‑GS subordinate, you
must include the following payments to determine the amount of continuing pay
received by the supervisor: (a) Basic pay, including a retained
rate; (b) Premium pay paid on an annual
basis under 5 U.S.C. 5545(c); and (c) Any other continuing payment,
except night, Sunday, or holiday premium pay or hazardous duty pay,
recruitment or relocation incentives, retention incentives, or similar
payment under other legal authority. (4) To compare the continuing pay of
a GS supervisor with the continuing pay of a non‑GS subordinate, you
must include the following payments to determine the amount of continuing pay
received by the subordinate: (a) Basic pay, excluding a night or
environmental differential, or similar payment under other legal authority; (b) Any other continuing payment,
except Sunday or holiday pay; recruitment, relocation, or retention
incentive; and (c) Premium pay paid on an annual
basis. (5) A supervisory differential is not
part of the supervisor’s rate of basic pay. C. Adjustments or Terminations: (1) A supervisor may not continue to
receive a supervisory differential when the continuing pay of the supervisor,
less the supervisory differential, exceeds the continuing pay of the highest
paid non‑GS subordinate. (2) The supervisor’s manager must
reduce or terminate the supervisory differential when the continuing pay of
the supervisor, including the supervisory differential, exceeds the
continuing pay of the highest paid non‑GS subordinate by more than 3
percent (e.g., after he/she receives an annual pay adjustment, a within-grade
increase, or a quality step increase). (3) The supervisor’s manager must
reduce or terminate the supervisory differential no later than 30 calendar
days after the date of the event that increased the continuing pay rate. (4) A supervisor may not appeal the
reduction or termination of a supervisory differential. 9.15 What records for incentives and supervisory
differentials must the Service keep? A. Servicing HROs
must: (1) Keep a record of each documented
determination supporting payment of a recruitment, relocation, or retention
incentive; (2) Maintain a separate file of all
documentation of the approval or disapproval of recruitment, relocation, and
retention incentives so that this information may be reviewed as part of an HR accountability review or used to respond to requests
from the Department or the Office of Personnel Management (OPM). (3) Keep records for each
determination to pay, adjust, or terminate a supervisory differential. The
documentation must: (a) Be sufficient to allow for the
reconstruction of the action taken, (b) Include the basis for determining
the amount of the differential and the comparisons of continuing pay of both
the supervisor and the subordinate, and (c) Be kept in a separate file in an
appropriate filing system so that they are accessible for HR accountability
reviews or for other reasons. (4) Submit data concerning each
determination to establish, adjust, or terminate a supervisory differential
to the Federal Personnel Payroll System as part of the regular submission for
the OPM Central Personnel Data File. B. After an incentive request is
approved, the HRO must file the original signed service agreement on the left
side of the employee’s Official Personnel File until completion of the
required service. The HRO will give copies of the signed agreement to the
employee and keep a copy in the file described in section 9.15A(2). C. HROs
must keep these records for a minimum of 2 years or the duration of the
service agreement, whichever is longer. |
For information on the content of this chapter,
contact the Division of Human Capital. For more information about this Web
site, contact Krista Holloway
in the Division of Policy and Directives Management.
PDM Web sites: Centralized Library of Servicewide Policies | FWS Forms | PDM Services
Privacy,
Disclaimer and Copyright Information | Information
Quality Act
U.S. Fish and Wildlife Service Home Page |
Department of the Interior | USA.gov | About the U.S. Fish and Wildlife Service
| Accessibility | Privacy
| Notices
| Disclaimer | FOIA