[Federal Register Volume 71, Number 140 (Friday, July 21, 2006)]
[Proposed Rules]
[Pages 41376-41377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11618]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
 
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 

  Federal Register / Vol. 71, No. 140 / Friday, July 21, 2006 / 
Proposed Rules  

[[Page 41376]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 553

RIN 3206-AI32


Reemployment of Civilian Retirees To Meet Exceptional Employment 
Needs

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing proposed 
regulations to amend the criteria under which OPM may grant dual 
compensation (salary off-set) waivers on a case-by-case basis, or 
delegate waiver authority to agencies. This amendment clarifies that 
OPM may grant or delegate to agencies the authority to grant such 
waivers in situations resulting from emergencies posing an immediate 
and direct threat to life or property or situations resulting from 
unusual circumstances that do not involve an emergency. The proposed 
changes will make it easier for agencies to reemploy needed individuals 
when faced with unusual circumstances. In addition, we are proposing to 
amend the section headings to avoid redundancy. This amendment is also 
removing information concerning military employees.

DATES: We will consider comments received on or before September 19, 
2006.

ADDRESSES: You may submit comments, which are identified by RIN 3206-
AI32, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include ``RIN 3206-AI32, 
Reemployment of Military and Civilian Retirees to Meet Exceptional 
Employment Needs'' in the subject line of the message.
     Fax: (202) 606-2329.
     Mail: Nancy H. Kichak, Associate Director for Strategic 
Human Resources Policy, U.S. Office of Personnel Management, Room 6551. 
1900 E Street, NW., Washington, DC 20415-9700.
     Hand Delivery/Courier: U.S. Office of Personnel 
Management, Room 6551. 1900 E Street, NW., Washington, DC 20415-9700.

FOR FURTHER INFORMATION CONTACT: Janice Warren, 202-606-2367, FAX: 202-
606-2329, by TDD: 202-418-3134, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The current regulations provide OPM the 
authority to grant dual compensation (salary off-set) waivers on a 
case-by-case basis or delegate waiver authority to agencies in order to 
meet emergencies posing immediate and direct threat to life or property 
or emergencies resulting from other unusual circumstances. Under this 
proposed rule, OPM may grant a waiver or delegate waiver authority for 
unusual circumstances, which do not cause or create an emergency. 
Unusual circumstances may include, but are not limited to, the need to 
conform to a congressional or other mandate to meet new or expanded 
mission requirements by a particular date, as well as other unforeseen 
developments that will adversely impact an agency's ability to carry 
out its mission. To effectuate this change for individual waivers, we 
are removing the reference to ``other unusual circumstances'' in Sec.  
553.201(c) and adding a new paragraph, ``Requests based on other 
unusual circumstances,'' at Sec.  553.201(f). Similarly, for agency 
requests for delegated authority, we are modifying section 
553.202(b)(1) to separate unusual circumstances from emergency 
situations. These changes will more closely align the regulations to 
the authorizing statutes at 5 U.S.C. 8344(i)(1)(B) and 8468(f)(1)(B), 
which distinguish between emergencies and other unusual circumstances. 
We are amending the titles of Sec.  553.201 and 202 to make clear these 
provisions include termination of annuity. Consequently, we are 
removing Sec.  553.201(b)(4) because this subsection is no longer 
needed with the change in the section titles. In addition, we are 
removing any references to ``military employees'' in the title of this 
regulation and eliminating Sec.  553.203(b), because it is no longer 
needed. The Federal Employees Pay Comparability Act of 1990 (FEPCA) 
permitted OPM to authorize exceptions to the reduction in pay and 
retirement benefits normally required for either civilian or military 
retirees reemployed in the Federal Government. On October 5, 1999, 
President Clinton signed the National Defense Authorization Act for 
Fiscal Year 2000 (Pub. L. 106-65). Section 651 of this law repeals 
section 5532 of title 5, United States Code. This action ended the 
reductions in retired or retainer pay previously required of retired 
members of a uniformed service who are employed in a civilian office or 
position of the U.S. Government. As a result, we are deleting all 
information concerning military employees from this subpart.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it affects 
only certain potential applicants and Federal employees.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 553

    Administrative practice and procedure, Government employees, 
Military personnel, Retirement, and Wages.

Office of Personnel Management.
Linda M. Springer,
Director.

Accordingly, OPM is proposing to amend 5 CFR part 553 subpart B, as 
follows:

PART 553--REEMPLOYMENT OF CIVILIAN RETIREES TO MEET EXCEPTIONAL 
EMPLOYMENT NEEDS

    1. The authority for part 553 continues to read as follows:

    Authority: 5 U.S.C. 8344, 8468, Sec. 651, Pub. L. 106-65 (113 
Stat. 664).

    2. The heading for part 553 is revised as set forth above.

Subpart B--Special Provisions for Reemployment Without Penalty To 
Meet Exceptional Recruiting or Retention Needs

    3. Section 553.201 is amended by revising the section heading; 
paragraphs (a), (b)(2) and (c) introductory text; removing paragraph 
(b)(4); redesignating

[[Page 41377]]

paragraph (f) as paragraph (g); and adding a new paragraph (f) to read 
as follows:


Sec.  553.201  Requesting OPM approval for reemployment without 
reduction or termination of annuity in individual cases.

    (a) Request by agency head. The head of an agency may request OPM 
to approve individual exceptions on a case-by-case basis to meet 
temporary hiring needs based on an emergency or other unusual 
circumstances or when the agency has encountered exceptional difficulty 
in recruiting or retaining a qualified candidate for a particular 
position. Authority to submit such a request may not be redelegated to 
an official below the agency's headquarters level.
    (b) * * *
    (2) The request must be submitted in accordance with the criteria 
set out in paragraphs (c), (d), (e), or (f) of this section.
* * * * *
    (c) Requests based on an emergency hiring need. An agency may 
request reemployment without penalty for an individual whose services 
are needed on a temporary basis to respond to an emergency involving a 
direct threat to life or property. Requests submitted on that basis 
must meet the following criteria:
* * * * *
    (f) Requests based on other unusual circumstances. An agency may 
request reemployment without penalty for an individual whose services 
are needed on a temporary basis due to unusual circumstances. Agencies 
must provide justification describing the unusual circumstances.
* * * * *
    4. Section 553.202 is amended by revising the section heading, and 
paragraph (b)(1) to read as follows:


Sec.  553.202  Request for delegation of authority to approve 
reemployment without reduction or termination of annuity in emergencies 
or other unusual circumstances.

* * * * *
    (b) * * *
    (1) Description of the situations for which authority is requested. 
The situation must result from emergencies posing immediate and direct 
threat to life or property or from other unusual circumstances.
* * * * *
    5. Section 553.203 is revised to read as follows:


Sec.  553.203  Status of individuals serving without reduction.

    Reemployed civilian annuitants. Annuitants reemployed with full 
salary and annuity under an exception granted in accordance with this 
part are not considered employees for purposes of subchapter III of 
chapter 83 or chapter 84 of title 5, United States Code. They may not 
elect to have retirement contributions withheld from their pay; they 
may not use any employment for which an exception is granted as a basis 
for a supplemental or recomputed annuity; and they may not participate 
in the Thrift Savings Plan.

[FR Doc. E6-11618 Filed 7-20-06; 8:45 am]
BILLING CODE 6325-39-P