ML20205K831

Partially Deleted Ltr Requesting Waiver to Agency Policy of Max Entry Age for 1811 Series Investigators Re Special Law Enforcement Retirement Coverage

ML20205K831
Person / Time
Issue date:	08/28/1991
From:	Hayes B NRC OFFICE OF INVESTIGATIONS (OI)
To:	Bird P NRC OFFICE OF PERSONNEL (OP)
Shared Package
ML20205K777	List: ML20205K774 ML20205K812 ML20205K825 ML20205K831 ML20205K844
References
FOIA-98-361 NUDOCS 9904140027
Download: ML20205K831 (2)

Text

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j WASHINGTON, D. C. 20665 August 28, 1991

{yd MEMORAriDUM R:

rd, Director

)ffice of Personnel FROM:

n Hayes, Director F

ffice of Investigation,

SUBJECT:

REQUEST FOR WAIVER TO AGENCY POLICY OF MAXIMUM ENTRY AGE FOR 1811 SERIES INVESTIGATORS REGARDING SPECIAL LAW EWFORCEMENT RETIREMENT COVERAGE isrequestingawai)vertoNRCpolicyrequiringamaximumentryag Investigator, Office of Investigations (01), Region III, 1811 series investigators under the special law enforcement retirement provisions of the Federal Employees' Retirement Act (FERS), Title 5 U.S.C. 8412(d) (attached).

In accordance with various federal regulations, only the Agency Head (i.e., the Chairman, in NRC's esse) can grant this waiver.

I fully endorse this request for the following reasons:

as previously employed as an 1811 at the U.S. Department af Transportation (DOT).

In his position at DOT be did not receive early 1

retirement coverage. However, DOT advised h m tha they would support a

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request for this time as covered time. %

is in the process of requesting this action.

When as hired by the NRC, the announcement indicated that applicants w t previous time as an 1811 were eligible, regardless of whether or not they were eligible / covered for early retirement at the time they submitted their application. The langu which since been clarified, was ambiguous and somewhat misleading, ssumed that this was a covered position and he could eventual request coveraga under FERS, Title 5 U.S.C. 841?(d), for both DOT and NRC.

Further, if is granted this waiver, it will be mandatory for him r + (p to retire at age this N guest is not granted, he can work as an 1811

'\\F for several years beyond age 63, based on his choice, which is not in keeping with the purpose and concept of law enforewnt, as I understand it.

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Lastly, is serious about his law enforcement career. Although he has been with 01 a relatively short time, his Field Office Director speaks g(p 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 cons,iderations for retirement and other benefits. For example, since OPM has decided that the geographic adjustment portion of the new Federal Employees' Pay Comparability Act of 1990 applies only to

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investigators who 6:e eligible to receive early retirement.

would h be our only field investigator not authorized to receive that adJus easons I recommend the Chairman grant the waiver requested by Should there be further questions, William Hutchison of my Oy of ce is handling this action and will assist your staff in any way necessary to facilitate this patter.

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