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.

1.		OPM has approved a precedent-setting variation under civil service rule V to 5 CFR 330.706(b) which requires that agencies report all vacancies to OPM when accepting applications from outside the agency (including applications for temporary positions lasting 90 or more days).

2.		The National Aeronautics and Space Administration (NASA) is pursuing trial and phased retirement programs, to support downsizing. These agency programs encourage employees eligible for retirement, but not sure they are ready, to try it. Under these programs NASA and the retirees sign an agreement which enables retirees to return to work as reemployed annuitants immediately, on a part-time schedule, or after a year on either a full-time or part-time schedule. Under these programs NASA agrees to make every reasonable effort to reemploy the retiree.

3.		Former Federal employees who would otherwise apply for and be considered for these positions under 5 CFR Part 330, interim Interagency Career Transition Assistance Plan regulations, are not participants in this NASA program and therefore, do not qualify for these positions. Requiring NASA to advertise these positions, which do not exist except for retirees under these programs, would add unnecessary delay in rehiring program participants.

4.		Variation was granted to avoid announcing positions established under these programs. This avoids falsely raising expectations of employment causing undue hardship to displaced employees. In addition, it assists NASA in honoring its current commitments without the unnecessary hardship of processing applications from displaced and surplus employees. Further, this will enable NASA to continue using these programs in downsizing thereby minimizing the number of surplus and displaced employees, while OPM prepares an exception for the final regulations.

5.		Section 5.1 of civil service rule V required that like variations be granted in like circumstances. Therefore, if an agency believes that it has a case which parallels the one described in this notice, it may request a variation. 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 submitted to OPM through the headquarters of the agency or Department involved. Agencies do not have authority to approve variations.

U.S. Office of Personnel Management

Variations to Staffing Regulations

Notice No: 29	Washington, DC 20415
Date: June 5, 1996