[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34713-34714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16942]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules 
and Regulations  

[[Page 34713]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 530, 531, 534, 550, 575, 581, 582, and 630

RIN 3206-AH09


Pay Under the General Schedule; Termination of Interim Geographic 
Adjustments

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management is issuing final 
regulations to implement the termination of interim geographic 
adjustments (IGA's) payable to certain Federal employees. The IGA's 
were terminated because the locality-based comparability payments the 
President authorized for January 1996 exceeded 8 percent in both of the 
two remaining IGA areas (New York-Northern New Jersey-Long Island, NY-
NJ-CT-PA, and Los Angeles-Riverside-Orange County, CA).

EFFECTIVE DATE: August 2, 1996.

FOR FURTHER INFORMATION CONTACT:
Jeanne D. Jacobson, (202) 606-2858 or FAX: (202) 606-0824.

SUPPLEMENTARY INFORMATION: On February 1, 1996, the Office of Personnel 
Management (OPM) published interim regulations (61 FR 3539) to 
implement the termination of IGA's. IGA's were terminated because the 
locality-based comparability payments the President authorized for 
January 1996 exceeded 8 percent in both of the two remaining IGA areas 
(New York-Northern New Jersey-Long Island, NY-NJ-CT-PA, and Los 
Angeles-Riverside-Orange County, CA).
    The President's alternative pay plan of August 31, 1995, provided 
an 8.05-percent comparability payment for the New York-Northern New 
Jersey-Long Island, NY-NJ-CT-PA, locality pay area and an 8.15-percent 
comparability payment for the Los Angeles-Riverside-Orange County, CA, 
locality pay area for 1996. Since the comparability payments exceeded 
the 8-percent IGA previously established for these areas, the 
President's Executive Order 12984 of December 28, 1995, included no IGA 
pay schedules. This had the effect of terminating the IGA's for the New 
York and Los Angeles IGA areas. (Executive Order 12944 of December 29, 
1994, previously terminated IGA's for the San Francisco-Oakland-San 
Jose, CA IGA area because the comparability payment for that area 
exceeded 8 percent in January 1995.)
    As a result of the termination of IGA's, the interim rule removed 5 
CFR part 531, subpart A, ``Interim Geographic Adjustments.'' However, 
because some employees in the former IGA areas will continue to receive 
``continued rates of pay'' (a form of saved pay established in January 
1994 for employees who previously received an IGA on top of a worldwide 
or nationwide special rate), the provisions previously found in subpart 
A concerning the administration of continued rates of pay were retained 
in a new subpart G of part 531. The interim regulations also made 
conforming changes in other parts of the regulations to reflect the 
termination of IGA's.
    The 60-day comment period for the interim regulations ended on 
April 1, 1996. OPM received comments by telephone from one agency 
asking for clarification of 5 CFR 531.703(i). Section 531.703(i) 
provides that an employee's entitlement to a continued rate of pay is 
not affected by a temporary promotion or temporary reassignment. The 
agency felt this provision could be interpreted incorrectly to provide 
entitlement to continued pay during temporary promotions or 
reassignments when such assignments involve one of the actions that 
ordinarily terminate continued pay, such as when an employee's official 
duty station is no longer located in one of the IGA areas. OPM agrees.
    We have revised 5 CFR 531.703(i) in the final regulations to 
provide that an employee's entitlement to a continued rate of pay is 
not affected by a temporary promotion or temporary reassignment, unless 
such assignments cause one of the conditions in 5 CFR 531.703(g) to be 
satisfied. In such situations, the continued rate is suspended during 
the temporary promotion or reassignment. The employee's entitlement to 
the continued rate resumes as if never interrupted upon return to his 
or her permanent position, as long as the employee is otherwise 
eligible to receive that rate. A continued rate that is resumed must 
include any pay adjustments authorized for the permanent position 
during the period of the temporary promotion or reassignment, as 
provided in 5 CFR 531.703(e).
    This revision is the only change being made in the interim 
regulations. All other provisions of the interim regulations are 
adopted as final.

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 apply only to Federal agencies and employees.

List of Subjects in 5 CFR Parts 530, 531, 534, 550, 575, 581, 582, 
and 630

    Administrative practice and procedure, Alimony, Child support, 
Claims, Government employees, Hospitals, Law enforcement officers, 
Reporting and recordkeeping requirements, Students, and Wages.

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

    Accordingly, the interim rule amending parts 530, 531, 534, 550, 
575, 581, 582, and 630 of title 5, Code of Federal Regulations, which 
was published at 61 FR 3539 on February 1, 1996, is adopted as final 
with the following change:

PART 531--PAY UNDER THE GENERAL SCHEDULE

    1. The authority citation for part 531 continues to read as 
follows:

    Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-
89, 107 Stat. 981 and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p. 
316;
    Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a), and 
7701(b)(2);
    Subpart C also issued under 5 U.S.C. 5304, 5305, and 5553; 
sections 302 and 404 of FEPCA, Pub. L. 101-509, 104 Stat. 1462 and 
1466; and section 3(7) of Pub. L. 102-378, 106 Stat. 1356;
    Subpart D also issued under 5 U.S.C. 5335(g) and 7701(b)(2);
    Subpart E also issued under 5 U.S.C. 5336;

[[Page 34714]]

    Subpart F also issued under 5 U.S.C. 5304, 5305(g)(1), and 5553; 
and E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682;
    Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553; 
section 302 of the Federal Employees Pay Comparability Act of 1990 
(FEPCA), Pub. L. 101-509, 104 Stat. 1462; and E.O. 12786, 56 FR 
67453, 3 CFR, 1991 Comp., p. 376.

Subpart G--Continued Rates of Pay

    2. In Sec. 531.703, paragraph (i) is revised to read as follows:


Sec. 531.703  Administration of continued rates of pay.

* * * * *
    (i) An employee's entitlement to a continued rate of pay is not 
affected by a temporary promotion or temporary reassignment, except 
that a continued rate shall be suspended when a temporary promotion or 
reassignment causes one of the conditions in paragraph (g) of this 
section to be satisfied. In such situations, an employee's entitlement 
to continued pay will resume as if never interrupted upon return to the 
permanent position, subject to the requirements of this subpart. A 
continued rate that is resumed shall include any pay adjustments that 
were authorized for the permanent position under paragraph (e) of this 
section during the period of the temporary promotion or reassignment.

[FR Doc. 96-16942 Filed 7-2-96; 8:45 am]
BILLING CODE 6325-01-M