ML20205K812

Press Release 89-144, Credit for Past Svc as Law Enforcement Officer & Firefighter

ML20205K812
Person / Time
Issue date:	09/08/1989
From:	Bird P NRC OFFICE OF PERSONNEL (OP)
To:
Shared Package
ML20205K777	List: ML20205K774 ML20205K812 ML20205K825 ML20205K831 ML20205K844
References
FOIA-98-361 PR-89-144, NUDOCS 9904140018
Download: ML20205K812 (15)

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,E UNITED STATES NUCLEAR REGULATORY COMMISSION h '

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ANNOUNCEMENT NO. 144 j DATE: September 8,1989 l

TO: All NRC Employees '

SUBJECT:

CREDIT FOR PAST SERVICE AS A IAW ENFORCE 2E2E OFFICER AND FIREFIGffER This Announcement notifies employees with past law enforcement officer or firefighter service of a deadline for obtaining credit for certain past service.

Civil Service Retirement System (CSRS) e.playees who serve in law enforcement officer or firefichter positions (as defined in retirement law an.1 regulations) may qualify for early retirement and for a more generous annuity computation fornula if this service has been approved by the Office of Personnel Management (Om).

Normally such service must have been in an approved law enforcement officer or firefighter position. However, OFM does consider individual requests for credit for past service in " unapproved" positions. The burden is on the indi-vidual to show that his/her cast service in an unaccreved position cualifies as law enfq.pt or fjgefichter service.

Paployees wishiry to obtain such credit must file a written request no later than Septenber 30, 1989, to the agency where past service was performed, or to OFM if that agency is no longer in existance. Please note that the September 30, 1989 deadline is not applicable to employees under the Federal Employees Retirement System (FERS) unless they are forrer CSRS employees who are seeking special credit for service rerdered prior to their transfer to FERS.

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2he attached notice explains filirv3 procedures. Once you have received cer",ification from O M , please be sure to forward a copy to the NRC Personnel Office or your Regional Personnel Office to be incorporsted in your Official Personnel Folder.

If you have any questicas, call Janice Hunter on 402-7P93, Peggy Berder on 492-4683, Darlene Mahoney-Coates on 492-4080. Or your Regional Personne]

Offloar, as appropriate.

Wh t 321 E Bird, Director office of Personnel 'i f Lj

Attachment:

As stated L 9904140018 990409

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Jm FOSTER 98-361 PDR '

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IMPORTANT NOTICE FOR EMPLOYEES CLAIMING SERVICE AS A LAW ENFORCEMENT OFFICER OR FIREFIGHTER UNDER CSRS Background.

Under the Civil Service Retirement System (CSRS), employees who serve in law enforcement officer or firefighter positions (as defined in law and I OPM regulations) may qualify for early retirement and for a special annuity formula.

Generally, CSRS employees receive credit for service as a law enforcement officer or firefighter only if they serve in positions that have been officially approved for this purpose by the Office of Personnel Management (OPM).

l Individual Requests under CSRS.

While service in an approved law enforcement officer or firefighter position is generally required, OPM does consider individual requests for credit for past service in unapproved positions. The burden is on the individual to show that his or her past service in an unapproved position qualifies as law enforcement officer er firefighter service, l l

Under OPM regulations, individual requests for credit filed through September 30, 1989, may include any periods of past service. However, ,

after September 30, 1989, OPN will not grant law enforcement officer or firefighter credit for service performed more than one year prior to the date that the individual request addressing that service is filed. A request is considered filed when it is received in the agency where the past service in question was performed (or OPM if the agency is no longer in existence).

Filing Procedures.

If you believe that you have past service that should be credited as law enforcement officer or firefighter service, you should submit a written request to the agency where the service was performed. (If the agency is no longer in existence and there is no successor agency, submit your request directly to OPM.) If you submit a written request by September 30, 1989, OPM will consider the creditability of all periods of service specified in the request. If your request is filed after that date, OPM will only consider service performed during the one-year period immediately preceding your filing. The portion of your request dealing with service performed prior to one-year period immediately preceding your filing will be dismissed by OPM as untimely filed, and will not be reviewed for creditability as law enforcement or firefignter service.

The agency that receives your request will tell you what additional information you must provide to support your request. After it reviews agency records and the documents you submit, the agency will submit to OPM its advisory opinion as to whether the service snould be credited as law enforcement or firefighter service and its request for an official determination. OPM will then issue a written decision, H

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! If your request is " untimely filed," you will be notified in writing and given th opportunity to show, in writing, " good cause" why the request should be accepted after September 30, 1989.

OPM will apply the following criteria in judging whether " good cause" exists to extend the applicable time limit for filing:

(1) The length of the delay.

(2) Whether the individual was notified of the time limit or was otherwise aware of it.

(3) The existence of circumstances beyond the control of the individual which affected his or her ability to comply with the time limit.

(4) The degree to which negligence by the individual has been shown to be present or absent.

(5) Circumstances which show that any neglect involved is excusable neglect. (Excusable neglect must be based on more than just forgetfulness: it may be shown if the neglectful behavior is such as might be expected on the part of a reasonably prudent person under the circumstances )

(6) A showing of unavoidable casualty or misfortune. (This can be defined as that which could not have been prevented by the exercise of reasonable skill and i diligence or human prudence or foresight).

(7) The extent and nature of the prejudice to the agency which would result from a waiver of the time limit. (The Merit Systems Protectica Board has noted that prejudice 1 may be shown where the agency's ability to defend the l action has been impaired by the late filing, in light of such factors as the disposal schedule for pertinent documentation and the availability of witnesses with knowledge of the action. The Board also recognized that there may be legitimate management considerations that mitigate against adjudicating a case the agency reasonably nas considered closed.)

If, after considering the above factors, OPM finds the reasons presented for the lateness of the request to be " reasonable", DPM will proceed to ,

i review the request on its merits. If " good cause" is not shown by the l

( individual for untimeliness, OPM will dismiss the case and extend reconsideration rights to the individual. If the reconsideration request regarding the timeliness issuc is again denied, the individual will receive appeal rights to the Merit Systems Protection Board.

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k 6c COVERAGE FOR THOSE WHO WERE 1811's PRIOR TO 7-19-82 ... .

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ALETTERWENTTOOPMWITHPOSITIONDESCRIPTIONSbNAPRIL5,1985.

THIS LETTER WAS ACKNOWLEDGED APRIL 15, L985. THE REVIEW IS PENDING AT OPM AS OF THIS DATE, PACKAGE WENT TO OPM AFTER APRIL 5) k.O l

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.aoencies contacted; see the attached nemo , , f,,._ ,

to Calvin C. Jones on the. Applicability 0T' -

~ " ;l FPM Letter 831-41' --To NRC EMPLOYEES - - .

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APPLICbILITY OF FPM LETTER 831-41, CIVIL SERVICE RETIREMENT; ~ -

LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS, TO NRC EMPLOYE,ES .

As per your request, I contacted several agencies in the. D.C. area to determine if they had individuals within their internal inspections office that they felt were subject to the provisions of FPM letter .

831 -41. The following summarizes the results of those conversations: ,

CSC .I spoke with Mrs. Michaels, Administrative Officer to the Chief, Legislative Affairs Office. Tnis office was involved in the writing of the act finally passed by Congress. She infonned me that "if there.was any substantial question" as to whether our employees were subject to the act, we should submit the required papers to the Civil Service Commission for their detemination.

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NASA - I spoke 'with Mr.I Crosier an Employee Relations Specialist who in- -

formed me that within their Division of Inspections they had employees who

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did 1211 under the provisions of tne act. These were inspectors who per-( ; formedThe'CSC investigations of suspected criminal .or questionable administrative had concurred in their determination. /

\ ,,,, acts. ,

HUD - I spoke with Mr. Liekweg in the Office of Investigations. His office handles both investications of housing violations and ' administrative inves; tigations of HUD employees. All of 'their' investigators so concedned have '

been placed under the proYisions of the. FFli letter.

AGRICULTURE - I . spoke with Mr. Larry Bledsoe, Personnel Management Specialist, who hahdles the office of Information. This office employs seye.ral investi-

, gators who are concerned with investi.gations of Agriculture emp loyees.

He informed me that there was an initial question as to..whether their employees ciid fall under the act, dince they only spent..appr'c'ximately 1/3 to 1/2 their time pursdino possible criminal investigations. It was finally determined they do meet the defgition of " law enforcement officer'! and the information

. has been submitted *ror their concurrence.

ERDA I spoke with Ned Brisindine in the Personnel Office. He infomed r. -

that they had no employees who fell subject to the definition of " law enfo) ment affice.r.*

From this brief survey., it would seem that there is enough question for us to

.at least submit th,e infonnation to CSC for their detennination. -.

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• FUNCTIONAL STATEMENT . 7;/ '

Under the direction of the Assistant Dir.ector for Investigations and the

' Director, Office of Inspector and Auditor perfonns such inspection and inv '

gations as may be required to assure the integrity of operations of the , .

Nuclear Regulatory Comission.

REGULAR DUTIES .

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Conducts investigations of possible violations of criminal lawi'or -

regulations and other irregularities in the administration .

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. of Comission programs and activities.

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~2. Analyzes and sumarizes those investigations undertaken and' documents ..

them in accordance with professional standards.

3. Assists, as required, in inspection of. activities within the Comission. '

4. Assists in the development and imple. mentation of the Comission's inv l gative policies and procedures.

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' ~5. , Perfdrms other specialized investigative duties as assigned by the ~

Assistant Director for Investigations or the Director, OIA. ;5-BASIC ' SKILL .,

Broad knowledge of Federal criminal laws and i of those laws or irregularities.. within the Nuclear Regulatory Comission.  ;

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l Ability 1to prepare ~ in writing concise and accurate su'maries of investl in line with good investigLtive report writing techhiques. .

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"the Federal Government and NRC in order to rec  ;

l Violation of the same have ocqurred.

- Knowledge of the Atomic Enefgy Act of 1954, as amended, an

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zation Act ,of 1974 sufficient to perform ' investigations into viola '

l relate to these - Acts. ,

Knowledge and understanding:of the statutes and laws laws. relating to ment Opportunity in order to investigate possible violations of these l

bpecialized _ knowledge of inspec' tion an'd aud'it functions as -

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C0hTACTS l .. Continuous contacts with all levels of Comission personnel in pursuin .

investigative, insp.ection or audit assignments. -

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Continuous contact with investigative and audit pe as r.equired. ,

Occasional contact with .GAO, private industry and. Congressional -

- pers connection with matters under investigation by 'NRC.

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1. Assistant Director for Investigation, GS-16

2. Gageral Supervision Guidelines are office and overall NRC ' policy and investigah - 4

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l reports on criminal acts and irregularities .a and  !

Compiles investigative -

submits them to the appropriate personnel, l

Conducts investigations and inspections' relating to the integrity of Conducts other such investigations as may be required, i of HRC. .

Recomends_ ,

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1. Comission investigative policies and procedur.es'and changes to them.

2. ' Action to be td en in investigations involving criminal acts or viola- -

~ ~ tions of HRC re;alations. .

DECISIONS MADE INDEPENDENTLY _

Establishes methbd and course to be follodd in pursuing an investig Determines contacts to make.and.infonnation to be obtained in con -

with a specific violation. - .

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l 3ffice of Inspector and Auditor - ., .

November.3, 1976

-Under the direction of a supervisor, performs'suchinspectio.n and invesiigations as ma.

be required to assure the integrity of operations of the Nuclear Regulatory Comission.

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!-Under the general direction ~of a Supervisory.or Senior Investigatch .-

1. Analyzes and summarizes those investications undertaken within the Commission. ~5 ; ,

2. Assists, as required, in inspection of activities within the Comission.^

3. Assists in the development and implementation of the Comission's investigative policies and procedures.~ At

'4. Conducts investigations of possible violations of. criminal laws or regulations an ,

otherAregularities in the administrat1}n of Comission programs and activities. l j.

-Broad knowledge of Federal criminal laws and investi.gative techniques anh procedura order.' to conduct professional investigt. tion.of svi61ations of those laws or irregulariti lwithin the Nuclear Regulatory Conrnission. 'J^ -

-Ability to prepare in writing concise 'and. accurate summaries of investigations in line

with good investigative report writing techniques. .

-Knowledge of personnel administration policies, practices and procedures within the

Federal Government and NRC in order to recognize and accurately assess if violat on cf i the sane have occurred. .

-Knowledge of the Atomic Energy Act of 1954, as amended, $nd the Energy Reorganization  !

of 1974 sufficient to perforTn investigations into violations as they relate to these ac l

-Knowl, edge and understanding of the statutes and laws relating to Equal Employment Opportunity in. order to investigate possible violations of these lavs. l l GRADE LEVEL. DEPENDENT UPON PROGRESSIVELY RESPONSIBLE EXPERIENCE, AT LEAST ONE YEAR O

MUST HAVE. BEEN AT THE NEXT LOWER GRA'DE LEVEL OR EQUIVALENT FOR THOSE APPLYING FOR X .. . . _ . ..

(' Gloria Heckstall/ Timothy M. Dirks 492-7824

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10/14/87 09:40 t RC-+00 INT t0.003 002

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[ un nran s m us NUCLEAR REGULATORY COMESSION ').S. NE C 8 wasmearow.o.c.aosss

%, % .* 27OCT14 7 D 57

! i Ms. Jean Barber

,ml,',c Associate Director for Retirement & Insurance ~

1900 E Street, NW Uashington D.C. 20415 Reoa 4AIO

Dear Hs. Barber:

Pursuant to FPM Bulletin 842-3, the Agency has officially detamined that its law enforcement positions are covered under the special retirement provisions of the new Federal Employees Retirement System (FERS).

In support of this decision, the Agency has established a maximum entry age of 35 for initial appointment to a law enforcenwnt position. In addition, every investigator is required to undergo a pre-employment medical examination and an annual examination thereaftsr.

As required, below is a list of the Agency's primary and secondary law enforearant positions and the number of present incumbents.

_ POSITION TITLES Nt!MBER OF INCtNBENTS I. Offica of Investications (OI) Total 32 Director. OI Deputy Director, OI Assistant to the Director Sr. Investigstor (Oprs. Officer)

Director. O! Field Office Sr. Investigator (Task Leadcr)

Investigator II. Office of Inspecter & Aeditor (0!A), Total 8 Assistant to the Director. 01A Assistant Director for Investigations Sr. Criminal Investigator criminal Investigator If you have questions pertaining to this matter please call Susar Dickerson of my staff on 492-3229.

Sincerely.

Paul E. Bird. Director Office of Personnel i

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,- 10/14/87 09:37 FRC-WOODMONT NO. CE7 E91 - --

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