ML20205N720
| ML20205N720 | |
| Person / Time | |
|---|---|
| Issue date: | 08/15/1991 |
| From: | Fox M NRC OFFICE OF PERSONNEL (OP) |
| To: | Hutchison W NRC OFFICE OF INVESTIGATIONS (OI) |
| Shared Package | |
| ML20205N689 | List: |
| References | |
| FOIA-98-361 NUDOCS 9904190093 | |
| Download: ML20205N720 (5) | |
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,,,,. AUG 151881 MEMORANDUM FOR: William D. Hutchison, Assistant to the Director Office of Investigations FROM: Michael J. Fox, Chief Policy & Labor Relations Office of Personnel
SUBJECT:
REQUEST FOR WAIVER TO AGENCY POLICY OF MAXIMUM ENTRY AGE FOR 1811 SERIES INVESTIGATORS REGARDING SPECIAL LAW ENFORCEMENT RETIREMENT COVERAGE I have reviewed the attached memorandum requesting a waiver to the Agency maximum entry age for 1811 series investigators. A description of the recommended changes follows. Changes were made to the memorandum regarding the ,
OPM ruling on the Federal Employees' Pay Comparability Act of 1990 (FEPCA) l with respect to the geographic pay adjustment. OPM has ruled that an 1811 ,O series investigator must be covered by the special retirement provisi,ons in W 5 USC (G412)(d) in orde iile for FEPCA benefits, Seco ' a change l was made with regard to retirement age. If. . were covered, pursuant to 5 USC ( 425)(b), he would separate mandatorily on the last day of ich he completes 20 years' service. This date occurs after birthdate, which would make his age at retirement i 63, not 62 as previ y 'ndicated. Notwit andi changes, the !
memorandum is accurate and clearly presents case for this l request.
The Office of Personnel (0P) recognizes two options for further action on this ,
atter. Th _ irst option is to follow up on the status of coverage for !
service at the Depar service is covered retroactively, nsportation (DOT). If this is eligible for coverage under
()1 his current position without a waiver. Purs ant to NRC policy, an applicant must have covered 1811 experience or be under the age of 35 at me pf an initial appointment to an 1811 series investigator position. g indicated that D0T would support a request for his DOT time a covere <me and has submitted a request to OPM for that purpose. However, under FERS, OPM , i no longer decides coverage issues; that aut r is d legated to Agency Heads pursuant to FPM Bulletin 842-3. Therefore, houldegptactDOT directly as .soon as possible to inquire about coverage. !
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4 The second option is to go forward with the waiver request to the Chairman while awaiting a response from DOT. OP supports the memorandum as ame:Med and the request as a whole. I would also like to discuss this action personally with you at your convenience. To arrange this meeting or if you have additional questions, please feel free to contact Jennifer Caswell, OP, on extension 27883.
/ 1 a .'F x, C ief Policy & Labor Relations Office of Personnel
Attachment:
Amended Draft Memorandum from BHayes to PBird 1
' . J.achment MEMORANDUM FOR: Paul Bird FROM: Ben Hayes b37ECT: REQUEST FOR WAIVER TO AGENCY POLICY OF MAXI?mM ENTRY AGE FOR 1811 SERIES INVESTIGATORS REGARDING SPECIAL LAW ENFORCEMENT RETIREMENT COVERAGE Investigator, Of fice of Investigations (OI) ,
Region III, is requesting a waiver to NRC policy requiring a maximum entry age of 35 for 1811 series investigators under the special law enforcement retirement provisions of the Federal Employees' Retirement Act (FERS), Title 5 USC 8412(d) (attached).
In accordance with various federal regulations, only the Agency Head (i.e., the Chairman, in NRC's case) can grant this waiver.
I fully endorse this request for the following reasons:
oras previously employed as an 1811 at the U.S.
Department of Transportation (DOT). In his position at DOT he did not receive early retirement coverage. However, DOT advised him that they would support a request for this time as covered !
time, s in the process of requesting this action. l When was hired by the NRC, the announcement itidicated that applicants with previous time as an 1811 were eligible, ts( j i
regardless of whether or not they were eligible / covered for early , l retirement at the time they submitted their application. v. .
The :
language, witich has since been clarified, was ambiguous and somewhat misleading. assumed that this was a covered position and he could eventually request coverage under FERS, Title 5 USC 8412(d), for both DOT and NRC. l i
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Further, if ]isgrantedthiswaiver, it will be mandatory for him to retire at age 63. If this request is not h granted, he can work as an 18.1 for several years beyond age 63, 1
based on his cho!ce, which is not keeping with the purpose and concept of law enforcement early retirement, as I understand it.
Lastly, is serious about his law enforcement career.
Although he has been with OI a relatively short time, his Field office Director speaks very highly of him and we expect excellent performance from him in future. It does not seem equitable or realistic as a motivating factor to ask him to do the same job as his fellow 1811 investigators, day by day, without allowing him the same basic considerations for retirement and other benefits. !
For example, since OPM has decided that the geographic adj0stment portion of the new Federal Employees' Pay Comparability Act of 1990 applies only to investigators who are eligible to receive early retirement. would be our only field investigator not authorized to receive that adjustment.
For these reasons I recommend the Chairman grant the waiver 4 requested by Should there be further questions, Will Hutchison of my office is handling this action and will J assist your staff in any way necessary to facilitate this matter. 'l t - i cc: & FOD,FII y? q'
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