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U.S. Office of
Personnel Management
Variations to Staffing
Regulations
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Variations By Superior Qualifications
The following variations are listed in chronological order.
They are excerpted from the quarterly notices which are listed
under Quarterly Notices of
Variations.
Two variations were granted to the requirement that Federal
employees must have a break in service of 90 days or more before
appointment under 5 CFR 531. 203(b),
which permits appointments to be made above step 1 of the GS grade based on the
appointee's superior
qualifications:
- On October 10, 1995, variation was granted to permit pay
adjustment from the first to the tenth step of grade 9
for a Computer Specialist with the Social Security
Administration, Baltimore, Maryland. Due to
administrative oversight, the agency erroneously
appointed the employee using a direct-hire authority
under the Outstanding
Scholar Program which is for entry level positions at
GS-5/7, but set her salary above the first step of GS-9.
The higher step was set without obtaining mandatory prior
approval. Realizing their error, the agency subsequently
was able to reach the employee on the Computer Specialist
register for GS-9. Based upon the individual's
demonstrated qualifications and that she resigned from
her previous position with the promise that salary would
be based at the GS-9, step 10, variation was the only way
to relieve unnecessary hardship for the individual by
adjusting her pay to the rate that would have been
authorized but for the Department's error.
- On October 18, 1995, variation was granted to permit pay
adjustment for an Interpreter with the Social Security
Administration Auburn Teleservice Center in Auburn,
Washington, from the first to the tenth step of grade 8.
When she was interviewed for the position, the selecting
official offered her employment at the rate that would
most nearly match her existing pay. However, due to
administrative error, the Department failed to obtain
approval of the advanced pay rate prior to her entrance
on duty.
Variation to permit adjustment of her pay was the only way to
avoid the hardship of income reduction for the affected employee
and recognized that timely request for her appointment at an
advanced rate would have been approved.
Because the Office of Personnel Management (OPM) has no
authority to grant backpay, these variations could not be
retroactive. The adjustments of the employees' salaries could not
be effective before the dates of the variations.
Two variations were granted to the requirement that Federal
employees must have a break in service of 90 days or more before
appointment under 5 CFR 531.203(b),
which permits appointments to be made above step 1 of the GS
grade based on the appointee's superior qualifications:
- On May 13, 1996, variation was granted to permit pay
adjustment from step 1 to step 10 of grade GS-7 for a
Legal Technician with the Department of Justice's
Antitrust Division, San Francisco, California. The
employee accepted the position expecting to be appointed
at the above higher step, as was promised by the
selecting official. Through administrative oversight,
agency staff failed to obtain the required level of
agency approval for the promised pay rate before the
individual was appointed.
- On May 30, 1996, variation was granted to permit pay
adjustment to step 10 for a Medical Officer
(Psychiatrist), GS-602-15, with the Department of
Justice, Bureau of Prisons, in Atlanta, Georgia. Due to
administrative error, agency staff failed to obtain the
required level of agency approval for the advanced pay
rate before appointing the individual who had accepted
the employment based on that promised salary.
Variation was the only way to avoid both the hardship of
income reduction to the employee and the potential loss of a
highly qualified employee by the agency. In each case, the
employee met the superior qualifications criteria and a timely
request for the appointment at the advanced rate would have been
approved. Because OPM has no authority to grant back pay, the
salary adjustment could not be effective before the date of the
approved variation.
Variations were granted to 5 CFR
531.203(b):
- On October 17, 1996, variation was granted to permit pay
adjustment from the first to the tenth step of grade 15
for a Regional Administrator with the Small Business
Administration. While awaiting security clearance, the
employee was hired with an interim title and salary, but
promised that when the clearance was completed the salary
would be GS-15 step 10. The employee was cleared and
appointed as Regional Administrator but the salary was
never adjusted. Based upon the employee's demonstrated
qualifications, a variation was the only way to relieve
hardship for the employee and adjust the salary to the
rate that had been promised and would have been
authorized but for the Agency's error.
- On October 17, 1996, variation was granted to permit pay
adjustment from the first to the fifth step of grade 11
for an Occupational Health Nurse with the Department of
Agriculture's Office of Operations, Medical Services
Unit. Because of administrative oversight, the agency did
not obtain the mandatory prior approval from their
personnel office of the promised higher step before the
employee entered on duty.
Variation was the only way to avoid hardship for the employee
and recognize that a timely request for her appointment at an
advanced rate would have been approved.
Public Notice Requirements Under CareerTransition Assistance
Regulations:
Variation was granted to 5 CFR
330.706(b):
- On December 31, 1996, variation was granted to permit
without advertising vacancies, the Department of Health
and Human Services, Health Care and Finance
Administration (HCFA) to rehire former employees who have
retired from HCFA and seek reemployment back to the
agency, within 1 year of their separation date. Through
this trial retirement program, the agency has an
obligation to rehire an annuitant who wants to return
within the year. The requirement to advertise the vacancy
and select a displaced employee from another agency would
negate the programs purpose and work against the agency's
efforts to downsize and streamline. A variation is
required to 5 CFR 303.706(b) to
accomplish this, because the interim Interagency Career Transition
Assistance Plan (ICTAP) regulations require agencies
to report all competitive service positions when
accepting applications from individuals outside the
agency. A retired employee is outside the agency.
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.
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Page created October 16, 1997