September 21, 2001
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: In-Processing/Personnel Action Coding Procedures for Buyout
Repayment and Dual Compensation Waivers for September 11,
2001, Attack Related Appointments
The Office of Personnel Management (OPM) has authorized temporary excepted appointments under 5 Code of Federal Regulations 213.3102(i)(3) to fill positions affected by or needed to deal with the aftermath of the recent attacks on the World Trade Center and the Pentagon. The OPM has authorized waiver of repayment of voluntary separation incentive pay and delegated authority to waive dual compensation limits under specified conditions when appointing Federal retirees under the new authority. The Deputy Assistant Secretary of the Army (Civilian Personnel Policy) memorandum, subject: Personnel Issues Related to Attacks on the World Trade Center and the Pentagon - Appointment Authority and Policy Waivers, dated September 19, 2001, provides the basic guidance on these new authorities and is available on Civilian Personnel OnLine under References/Messages and Memoranda/Recruitment and Placement/ Miscellaneous. Please note that the September 17, 2001, Under Secretary of Defense's memorandum
(An Enclosure to the September 19, 2001 memorandum) specifies that:\
- The new Schedule A 213.3102(i)(3) appointment authority is to be used as the exclusive temporary appointment authority for appointments of up to one year, regardless of the anticipated term of temporary employment, for purposes of documentation, consistency and reporting.
- Appointments under the new appointment authority that involve a waiver of the dual compensation limits may not exceed September 30, 2002, because the OPM delegation of authority to waive the dual compensation limits specifies this not-to-exceed date. Appointments not involving a waiver of the dual compensation limits could be made with a not-to-exceed date later than September 30, 2002.
The OPM implementing instructions require that agencies maintain records on dual compensation waivers and provide OPM an after action report on buyout repayment waivers. The Under Secretary of Defense expects the Defense Department components to fully comply with all documentation and reporting requirements established by OPM for use of these waivers.
Enclosure 1 establishes "second" Legal Authority Codes and special remarks to be entered on Notifications of Personnel Action (NPA) for these appointments. Your careful application of these codes/remarks will facilitate automatic retrieval of data to be documented and/or reported to OPM on the waivers. We will examine future personnel transactions in the Modern Defense Civilian Personnel Data System (DCPDS) for accuracy of coding and remarks entries. If we find that actions are not being coded correctly and/or necessary remarks are not being entered on the NPAs, we will have to resort to a data call for manual reporting to OPM.
Managers and Civilian Personnel Advisory Centers (CPAC) must do the following in line with their Staffing Task List responsibilities for committing and in-processing new employees:
- As appropriate, managers must secure approval of waivers of dual compensation limits from the commander or activity head having delegated approval authority.
- In extending job offers for the new temporary excepted appointments, the CPAC must obtain, when appropriate, the statement "I decline the position offered unless the dual compensation limits are waived" from the applicant. A suggested format for recording this statement is at Enclosure 2. Likewise, If pay back of a VSIP is to be waived, the CPAC needs to obtain certain information from the NPA that was processed by the agency that granted the employee the VSIP and record that information on Enclosure 2. The CPAC also needs to ascertain that any non-Defense VSIP was paid under a statute that authorized waiver of pay back of the VSIP. After applicable information is recorded on Enclosure 2, the CPAC must forward the information to the servicing Civilian Personnel Operations Center to facilitate coding and entry of remarks on the NPA in accordance with guidance at Enclosure 1.
Rickie P. Cannon
Acting Chief, Policy and Program
Attachment 1 Personnel Action Coding/Remarks Procedures for September 11, 2001, Attack Related Appointments
Attachment 2 (MS Word) - Applicant's Statement and Other Information to Be Collected for Waivers of Dual Compensation Limits and/or Pay Back of VSIP
OFFICE, SECRETARY OF THE ARMY (JDPES-W)
U. S. ARMY EUROPE AND SEVENTH ARMY
EIGHTH U. S. ARMY
U. S. ARMY FORCES COMMAND
U. S. ARMY MATERIEL COMMAND
U. S. ARMY TRAINING AND DOCTRINE COMMAND
U. S. ARMY CORPS OF ENGINEERS
U. S. ARMY PACIFIC
MILITARY TRAFFIC MANAGEMENT COMMAND
U. S. ARMY CRIMINAL INVESTIGATION COMMAND
U. S. ARMY MEDICAL COMMAND
U. S. ARMY INTELLIGENCE AND SECURITY COMMAND
U. S. ARMY MILITARY DISTRICT OF WASHINGTON
U. S. ARMY SOUTH
U. S. ARMY SPECIAL OPERATIONS COMMAND
U. S. ARMY RESERVE PERSONNEL COMMAND
U. S. MILITARY ENTRANCE PROCESSING COMMAND
U. S. ARMY RECRUITING COMMAND
U. S. ARMY SPACE AND MISSILE DEFENSE COMMAND
U. S. ARMY TEST AND EVALUATION COMMAND
SUPERINTENDENT, U. S. MILITARY ACADEMY
DEPUTY CHIEF OF STAFF FOR INTELLIGENCE, ATTN: DAMI-CP
CIVILIAN PERSONNEL OPERATION CENTER MANAGEMENT AGENCY
U.S. ARMY CIVILIAN PERSONNEL EVALUATION AGENCY
KOREA REGION CIVILIAN PERSONNEL OPERATIONS CENTER
USAREUR CIVILIAN PERSONNEL OPERATIONS CENTER
PACIFIC REGION CIVILIAN PERSONNEL OPERATIONS CENTER
DEPUTY CHIEF OF STAFF FOR INTELLIGENCE, ATTN: DAMI-CP
GENERAL COUNSEL, ATTN: SAGC
THE JUDGE ADVOCATE GENERAL, ATTN: DAJA-LE (COL SHEA)
Personnel Action Coding/Remarks Procedures for September 11, 2001,
Attack Related Appointments
1. The following are Office of Personnel Management (OPM) prescribed entries on the Notification of Personnel Action (NPA) for all attack related appointments:
- Nature of Action Code "171" to be entered in Block 5-A.
- Nature of Action "Ex Appt NTE (date)" to be entered in Block 5-B.
- First Legal Authority Code "W9R" to be entered in Block 5-C.\
- First Legal Authority "Shc A, 213.3102(i)(3)" to be entered in Block 5-D.
2. If the appointee is a Federal retiree for whom dual compensation limits are being waived, enter "ZKM" in Block 5-E as a second Legal Authority Code and enter "Waiv Dual Comp" In Block 5-F as the Legal Authority.
3. If pay back of a VSIP is being waived for the appointee, enter "ZLM" in Block 5-E as a second Legal Authority Code and enter "Waiv VSIP" in Block 5-F as the Legal Authority.
4. If both dual compensation limits and pay back of a VSIP are being waived, enter "ZNM" in Block 5-E as a second Legal Authority Code and enter "Waiv Dual Comp/VSIP" as the Legal Authority.
5. For all appointees for whom dual compensation limits are being waived, enter the following Remarks of the NPA:
- Employee's civil service retirement number is (number).
- Employee stated "I decline the position offered unless the dual compensation limits are waived" on (date).
- A brief statement describing how the position's duties directly and solely support the Army's response to the September 11, 2001, attack.
6. For all appointees for whom pay back of VSIP is being waived, enter the following Remarks on the NPA:
- Employee received a VSIP from (agency) located at (geographic location of the agency) under (statute). The statute allows OPM to waive back pay of VSIP.
- A brief statement of why the employee is essential to support the Army's response to the September 11, 2001 attack.