U.S. Office of Personnel Management

Variations to Staffing Regulations

 

NOTICE AND POSTING SYSTEM

 

Notice No: 96 - 9   Washington, DC 20415
Date: February 16. 1996  


Notice of OPM Variations

AGENCIES: THIS NOTICE PROVIDES INFORMATION RELATIVE TO VARIATION REQUESTS. Section 5.1 of civil service rule V requires the Office of Personnel Management to inform agencies about variations which it grants under that rule.

Heads of Departments and Independent Establishments:

1.   This notice describes non-precedent-setting variations to staffing regulations granted between October 1, 1995, and December 31, 1995

Extension of Term Appointments Beyond 4 Years

2.   Six variations were granted to the 4-year service limit for term appointments contained in
5 CFR 316.301:

- On October 10, 1995, a 1-year extension was granted for 7 Seminar Instructors, GS-301-14, with the Department of the Navy, Naval Education and Training Program, Pensacola, Florida, engaged in the Total Quality Leadership program.

- On October 26, 1995, a 4-year extension was granted for 14 employees with the Smithsonian Institution, Office of Repatriation at the National Museum of Natural History, involved in identifying Native American skeletal remains and returning them to appropriate tribes.

- On December 4, 1995, a 2-year extension was granted for a Museum Technician, GS-1016-7, with the Smithsonian Institution in Washington DC., to complete an electronic database on the photograph collection of the National Anthropological Archives.

- On December 5, 1995, a 6 1/2-month extension was granted for an Astrophysicist, GS-1330-14, with the Smithsonian Astrophysical Observatory, Cambridge, Massachusetts, to complete analysis and cataloging projects associated with the SOHO satellite.

- On December 6, 1995, a 3-year extension was granted for a Statistician, GS-1530-5, with the Department of Commerce, Bureau of Census, to monitor the status and develop analyses of HIV and AIDS in developing countries.

- On December 27, 1995, a 1-year extension was granted for a Senior Program Analyst, GS-345-15, with the Federal Deposit Insurance Corporation in Washington DC., to direct the resolution of audits and perform closeouts of Resolution Trust Corporation contracts.

    In keeping with the variation criteria and precedents, each of these variations: avoids unnecessary hardship to the agency that disruption to the project/work in which the employee is involved would cause, if staff change must occur now; is within the spirit of the term appointment regulation by extending the employment in a manner consistent with the temporary nature of the work; and promotes Government efficiency by enabling expeditious continuation of the work through retention of employees already knowledgeable of the ongoing work.

Correction of Erroneous Appointments

3.   Three variations were granted as an exception to 5 CFR 330.101 to allow service credit for career tenure and time-in-grade purposes for an employee whose appointment did not meet the requirements of the authority used:

- On December 6, 1995, variation was granted to confer service credit from July 25, 1993, to December 11, 1993, for a Teacher, GS-1710-7, with the Department of Justice, Federal Correctional Institution, Mariana, Florida. On July 25, 1993, the agency erroneously appointed the employee using the direct-hire authority under the Administrative Careers with America (ACWA) program. The position of teacher was not covered by the ACWA direct-hire authority. On December 12, 1993, the agency was able to appoint the employee competitively to that position.

- On December 6, 1995, variation was granted to confer service credit from October 6, 1991, to April 29, 1995, for an Administrative Clerk (Typing), GS-303-6, with the Department of the Justice, U.S. Marshals Service, Alexandria, Virginia. On October 6, 1991, the agency erroneously reinstated the individual after her reinstatement eligibility had expired. On April 30, 1995, the agency was able to appoint the employee competitively to that position.

- On December 27, 1995, variation was granted to confer service credit from April 3, 1995, to September 28, 1995, for an Engineering Equipment Operator, WG-5716-10, with the Department of the Air Force, Homestead Air Reserve Base, Florida. On April 3, 1995, the agency erroneously appointed the employee using the Nonappropriated Fund Interchange Agreement as its authority, but the employee no longer met the criteria of the interchange agreement. On September 29, 1995, the agency was able to properly appoint the employee competitively to the position.

    In each of these cases, variation was granted to avoid unnecessary hardship to the employee who, though now properly appointed, would otherwise face loss of important service credit due to administrative error, even though extensive efforts had been made to regularize the improper appointments covering the time of de facto employment. The variation permitted crediting the employee's de facto service from the date of erroneous appointment to the date of proper competitive appointment for full service credit, including credit for career tenure and time-in-grade purposes.

Appointment at Above the Minimum Rate
Based on Superior Qualifications

4.   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 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.

 

5.   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.

 

[SIGNED]

Lorraine A. Green
Deputy Director

Distribution: Former Basic FPM
Inquiries: Staffing Reinvention Office
Employment Service, (202) 606-0830

Page created October 16, 1997