Chief of Staff Letterhead
June 3, 2004




MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Delegation for Dual Compensation Reduction Waivers



References:

  1. Memorandum, Office of the Assistant Secretary, Manpower & Reserve Affairs, April 13, 2004, subject: Employment of Annuitants (Enclosure 1).

  2. Memorandum, Under Secretary of Defense, Sept 17, 2001, subject: Personnel Issues related to the attacks on the World Trade Center and the Pentagon - Appointment authority and Policy Waivers (Enclosure 2).

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 shelly.heath@us.army.mil .

FOR THE DEPUTY CHIEF OF STAFF, G1:





// signed by //
Elizabeth B. Throckmorton
for
David L. Snyder
Assistant G-1 for Civilian
Personnel Policy

Enclosures





DISTRIBUTION:
ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE ARMY

COMMANDER
US ARMY EUROPE AND SEVENTH ARMY
EIGHTH US ARMY
US ARMY FORCES COMMAND
US ARMY MATERIEL COMMAND
US ARMY TRAINING AND DOCTRINE COMMAND
US ARMY CORPS OF ENGINEERS
US ARMY PACIFIC
MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND
US ARMY CRIMINAL INVESTIGATION COMMAND
US ARMY MEDICAL COMMAND
US MILITARY ENTRANCE PROCESSING COMMAND
US ARMY SPECIAL OPERATIONS COMMAND
US ARMY INTELLIGENCE AND SECURITY COMMAND
US MILITARY DISTRICT OF WASHINGTON
US ARMY SPACE AND MISSILE DEFENSE COMMAND

CF:
SUPERINTENDENT, US MILITARY ACADEMY

DIRECTOR
U.S.ARMY INSTALLATION MANAGEMENT AGENCY
CIVILIAN HUMAN RESOURCES AGENCY
CIVILIAN HR REGION, EUROPE
CIVILIAN HR REGION, SOUTHWEST
CIVILIAN HR REGION, PACIFIC
CIVILIAN HR REGION, NORTHEAST
CIVILIAN HR REGION, SOUTH CENTRAL
CIVILIAN HR REGION, NORTH CENTRAL
CIVILIAN HR, REGION KOREA
CIVILIAN HR REGION, WEST

OFFICE OF THE GENERAL COUNSEL, ATTN: SAGC (MS. JOHNSON)
OFFICE OF THE JUDGE ADVOCATE GENERAL, ATTN: DAJA-LE (MS. NUGENT)