Comment Number: 05-02582-EREG-223-d7391-c32365
Received: 3/15/2005 8:00:00 AM
Subject: Notice of Proposed Rulemaking, Request for Comment
Title: National Security Personnel System
CFR Citation: 5 CFR Chapter XCIX and Part 9901
No Attachments

Comments:

Docket Number NSPS-2005-001, RIN 3206-AK76

Reference.
CHAPTER XCIX, Part 9901, Conversion Provisions, Conversion of employees to the NSPS pay system; section 9901.373, p. 7584.

Issue.
Regrettably, unanticipated adverse financial impacts may occur to employees in establishing a new personnel system. Activity Directors/Commanders need the authority to adjudicate those adverse impacts immediately as they occur. Specific examples include application of incorrect pay setting upon entry into the demo (highest previous rate considerations, within-grade increase buy-in, career ladder promotions, and compensation for supervisory differentials).

Recommended Change.
Add the following to section 9901.373Subpart C, p. 7584:

"(f) Activity Directors/Commanders may adjudicate adverse pay impacts that are caused by unanticipated consequences of implementing NSPS. The resolution and compensation of each pay anomaly will be reported as specified in implementing issuances."

Rationale.
This capability currently is implemented by one or more Army S&T Reinvention Laboratory Personnel Demonstrations. The authority is sparsely used, but its use has contributed to higher acceptance ratings by employees in experimental broadbanding systems. This authority to adjudicate and compensate employee injuries due to unintended consequences of NSPS will improve the trust of employees in their supervisory/management team.