The purpose of this memorandum is to delegate the authority to extend the 9-11 waivers of dual compensation reductions during this national emergency. This authority is limited to those re-employed annuitants hired prior to November 24, 2003. Unless they receive a new appointment or conversion to a new appointment, such re-employed annuitants are not covered by the provisions of 5 U.S. Code §9902(j).
Pursuant to References a and b above, I hereby delegate this authority to extend dual compensation reduction waivers, except for Senior Executive Service positions, to major Army commanders and to the Administrative Assistant to the Secretary of the Army. This authority may be further delegated in writing to the lowest practicable level, but not lower than the commander or activity head at the installation level. The Assistant Secretary of the Army (Manpower & Reserve Affairs) retains the authority to extend any waivers of dual compensation reduction for executive-level positions.
This 9-11 dual compensation reduction waiver extension authority may only be used for annuitants who are currently serving in a position and receiving full salary and annuity based on a waiver approved pursuant to delegated authority under References a and b above. Extensions may be for 12 months or less. Employment under any dual compensation reduction waiver extension must be consistent with the provisions of the underlying 9-11 appointment and 5 C.F.R. §§213.104(b) and 316.401(d), which authorize a maximum of 24 months of total service for temporary appointments.
The Office of Personnel Management's most recent guidance on the 9-11 emergency hiring flexibilities may be found at http://www.opm.gov/hrmc/2003/msg-063a.asp.
Any new appointments or conversions to new appointments of annuitants made on or after November 24, 2003 are covered by 5 U.S. Code §9902(j) and the Department of Defense's implementing guidance and procedures (Reference a).
My point of contact for this matter is Shelly Heath. She may be reached at 703-325-4245/DSN: 221, email firstname.lastname@example.org .
FOR THE DEPUTY CHIEF OF STAFF, G1: