[Federal Register Volume 60, Number 200 (Tuesday, October 17, 1995)]
[Proposed Rules]
[Pages 53716-53717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25647]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 60, No. 200 / Tuesday, October 17, 1995 / 
Proposed Rules  

[[Page 53716]]


OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 591

RIN 3206-AH17


Separate Maintenance Allowance for Duty at Johnston Island

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Office of Personnel Management is issuing proposed 
regulations that would change the method for setting separate 
maintenance allowance (SMA) rates for duty at Johnston Island. Under 
the proposed method, SMA rates for Johnston Island would be set at the 
same amount and adjusted at the same time as SMA rates established by 
the Department of State for employees who receive an SMA in foreign 
areas.

DATES: Comments must be received on or before December 18, 1995.

ADDRESSES: Comments may be sent or delivered to Donald J. Winstead, 
Assistant Director for Compensation Policy, Human Resources Systems 
Service, Office of Personnel Management, Room 6H31, 1900 E Street NW., 
Washington, DC 20415 or FAX: (202) 606-0824.

FOR FURTHER INFORMATION CONTACT:
Roger M. Knadle, (202) 606-2858.

SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is 
issuing proposed regulations at the request of the Department of 
Defense to change the method for setting separate maintenance allowance 
(SMA) rates. An SMA is paid to employees assigned to Johnston Island to 
help meet the additional expense of maintaining family members 
elsewhere who would normally reside with the employee.
    Johnston Island is a possession of the United States in the Pacific 
Ocean. It is a non-foreign post of duty located 717 nautical miles 
southwest of Honolulu, Hawaii. It is about 3 kilometers long and 0.8 
kilometer wide. Much of the island is devoted to chemical weapon 
storage and disposal facilities. Because of hazardous conditions (toxic 
waste) and the lack of facilities, family members are not allowed on 
the island.
    Civilian employees assigned to foreign areas who are precluded from 
establishing a residence because of local living conditions or Federal 
policy are authorized an SMA established by the Department of State 
that is periodically updated based on the Consumer Price Index (CPI) 
and budgetary considerations. The proposed regulations would abolish 
the current SMA rates established by OPM regulations and would provide 
that SMA rates for Johnston Island be set and adjusted at the same time 
and in the same amount as SMA rates established by the Standardized 
Regulations (Government Civilians, Foreign Areas) of the Department of 
State for employees in foreign areas. This would maintain equity 
between civilian employees assigned to foreign and non-foreign areas. 
The proposed regulations would apply only to Federal civilian employees 
assigned to Johnston Island.
    The revised SMA rates would be adjusted on the first day of the 
first pay period beginning on or after the effective date of the final 
OPM regulations. Subsequently, the SMA rates would be adjusted on the 
first day of the first pay period beginning on or after the effective 
date of SMA rate adjustments under the Department of State's 
Standardized Regulations (Government Civilians, Foreign Areas). The 
proposed change in methodology for setting SMA rates would not be 
retroactive.

Regulatory Flexibility Act

    I certify that these regulations would not have a significant 
economic impact on a substantial number of small entities because they 
would affect only Federal agencies and employees.

List of Subjects in 5 CFR Part 591

    Government employees, Travel and transportation expenses, Wages.

U.S. Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM is amending part 591 of title 5 of the Code of 
Federal Regulations as follows:

PART 591--ALLOWANCES AND DIFFERENTIALS

Supart D--Separate Maintenance Allowance for Duty at Johnston 
Island

    1. The authority citation for subpart D of part 591 is revised to 
read as follows:

    Authority: 5 U.S.C. 5942a(b), 5942a note; E.O. 12822, 57 FR 
54289, 3 CFR, 1992 Comp., p. 325.

    2. In Sec. 591.401, paragraph (a) is revised to read as follows:


Sec. 591.401  Purpose and applicability.

    (a) Purpose. This subpart prescribes the regulations required by 
section 5942a of title 5, United States Code, to authorize payment of a 
separate maintenance allowance to assist an employee assigned to 
Johnston Island to meet the additional expenses of maintaining family 
members elsewhere who would normally reside with him or her because 
they cannot accompany the employee to Johnston Island. This subpart 
provides rules for determining which employees are eligible to receive 
the separate maintenance allowance, who qualifies as family members 
under the program, the method of payment, and payment amounts.
* * * * *
    3. Section 591.402 is revised to read as follows:


Sec. 591.402  Definitions.

    Adult, a term used in the Department of State Standardized 
Regulations (Government Civilians, Foreign Areas), means a family 
member who is 21 years of age or older.
    Family member means one or more of the following relatives of an 
employee who would normally reside with the employee except for 
circumstances warranting the granting of a separate maintenance 
allowance, but who does not receive from the Government an allowance 
similar to that granted to the employee and who is not deemed to be a 
family member of another employee for the purpose of determining the 
amount of a separate maintenance allowance or similar allowance:
    (1) Children who are unmarried and under 21 years of age or, 
regardless of age, are incapable of self-support, including natural 
children, step and adopted children, and those under legal guardianship 
or custody of the employee or the spouse when they are 

[[Page 53717]]
expected to be under such legal guardianship or custody at least until 
they reach 21 years of age and when dependent upon and normally 
residing with the guardian;
    (2) Parents (including step and legally adoptive parents) of the 
employee or of the spouse when such parents are at least 51 percent 
dependent on the employee for support;
    (3) Sisters and brothers (including step or adoptive sisters and 
brothers) of the employee or of the spouse, when such sisters and 
brothers are at least 51 percent dependent on the employee for support, 
unmarried and under 21 years of age, or regardless of age, are 
incapable of self-support; or
    (4) Spouse, excluding a spouse independently entitled to and 
receiving a similar allowance.
    Johnston Island, also called Johnston Atoll, is a possession of the 
United States located 717 nautical miles southwest of Honolulu, Hawaii.
    Separate maintenance allowance means an allowance to assist an 
employee assigned to Johnston Island who is compelled by reason of 
dangerous, notably unhealthful, or excessively adverse living 
conditions at Johnston Island, or for the convenience of the 
Government, to meet the additional expense of maintaining family 
members at a location other than Johnston Island.
    4. Section 591.403 is revised to read as follows:


Sec. 591.403  Amount of payment.

    (a) The annual rate of the separate maintenance allowance paid to 
an employee shall be determined by the number of individuals, including 
a spouse and/or one or more other family members, that are maintained 
at a location other than Johnston Island.
    (b) The annual rates for the separate maintenance allowance paid to 
employees assigned to Johnston Island shall be the same as the annual 
rates for the separate maintenance allowance established by the 
Department of State in its Standardized Regulations (Government 
Civilians, Foreign Areas). The annual rates shall not vary by location 
of the separate household.
    (c) The annual rates of the separate maintenance allowance shall be 
adjusted on the first day of the first pay period beginning on or after 
[insert effective date of final regulations] and, subsequently, on the 
first day of the first pay period beginning on or after the effective 
date established for adjustment of annual rates for the separate 
maintenance allowance in the Standardized Regulations (Government 
Civilians, Foreign Areas).
    5. Section 591.405 is revised to read as follows:


Sec. 591.405  Responsibilities of agencies.

    Agencies with employees stationed at Johnston Island may require 
reasonable verification of relationship and dependency.

[FR Doc. 95-25647 Filed 10-16-95; 8:45 am]
BILLING CODE 6325-01-M