[Federal Register Volume 61, Number 106 (Friday, May 31, 1996)]
[Rules and Regulations]
[Pages 27243-27244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13682]



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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 591

RIN 3206-AH17


Allowances and Differentials; Separate Maintenance Allowance for 
Duty at Johnston Island

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations to change the method for setting separate maintenance 
allowance (SMA) rates for duty at Johnston Island. Under this method, 
SMA rates for Johnston Island are set at the same amount and adjusted 
at the same time as SMA rates established by the Department of State 
for employees who receive SMA's in foreign areas.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT:
Roger M. Knadle, (202) 606-2858, or FAX: (202) 606-0824.

SUPPLEMENTARY INFORMATION: On October 17, 1995, the Office of Personnel 
Management published proposed regulations (60 FR 53716) to set and 
adjust the SMA rates for Johnston Island (a non-foreign area) at the 
same time and in the same manner as SMA rates for employees in foreign 
areas. The 60-day public comment period ended on December 18, 1995. We 
received one comment from one agency supporting the regulations as 
proposed. Therefore, OPM is issuing final regulations that are the same 
as the proposed regulations.
    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 and is a non-
foreign post of duty. 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 final regulations abolish the current 
SMA rates established by OPM regulations and provide that SMA rates for 
Johnston Island will 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 maintains equity between civilian 
employees assigned to foreign and non-foreign areas. The final 
regulations apply only to Federal civilian employees assigned to 
Johnston Island.
    The SMA rates will be adjusted on the first day of the first pay 
period beginning on or after the effective date of these regulations. 
Subsequently, the SMA rates will 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). This change in methodology for 
setting SMA rates is not retroactive.

Regulatory Flexibility Act

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

[[Page 27244]]

List of Subjects in 5 CFR Part 591

    Government employees, Travel and transportation expenses, Wages.

Office of Personnel Management.
James B. King,
Director.
    Accordingly, OPM is amending part 591 of title 5, Code of Federal 
Regulations, as follows:

PART 591--ALLOWANCES AND DIFFERENTIALS

Subpart 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); E.O. 12822, 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 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 
July 1, 1996 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. 96-13682 Filed 5-30-96; 8:45 am]
BILLING CODE 6325-01-M