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U.S. Office of Personnel Management

Variations to Staffing Regulations

NOTICE AND POSTING SYSTEM


Notice No: 98-3 Washington, DC 20415
Date: January 16, 1998  

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 July 1, 1997, and September 30, 1997.

Extension of Term Appointments Beyond 4 Years

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

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 a staff change were to occur now; is within the spirit of the term appointment regulation by extending the employment in a manner consistent with the nonpermanent nature of the work; and promotes Government efficiency by enabling expeditious continuation of the project through retention of employees already knowledgeable of the ongoing work.

Correction of Erroneous Appointment

3. Three variations were granted to allow credit for career tenure and time-in-grade purposes for employees whose appointments did not meet the requirements of the authorities used. The variations involve exceptions to the requirements of 5 CFR 330.101 that positions in the competitive service be filled by one of the methods authorized in civil service law and regulations:

Each of these variations 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 were made to regularize the improper appointment covering the period of de facto service. The variation permitted crediting the period of de facto service, from the date of erroneous appointment to the date of proper appointment, for full service credit.

Pay Adjustments

4. One variation was granted to the 12-month waiting period between pay adjustments for Senior Level (SL) employees as required in 5 CFR 534.503:

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]

 

Janice R. Lachance
Director

Inquiries: Staffing Reinvention Office
Employment Service, (202) 606-0830



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