Comment Number: 05-02582-EREG-243-d7391-c32393
Received: 3/16/2005 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

Reference.
Pay and Pay Administration--Subpart C, pages 7559 and 7560, Adjusting Rate Ranges and Local Market Supplements.

Issue.
This section uses the term "local market supplements" twice without any definition or examples. The terminology appears to be comparable to that used for special salary rates and locality pay rates used in the General Schedule system. Examination of sections 9901.331, 9901.332, 9901.333, and 9901.334 make it clear that locality pay rates are not waived (5 U.S.C. 5304). However there is no such overt statement pertaining to special salary rates. We expect that there are numerous special salary rate employees in the GS system that are more than curious as to how their particular pay schedules are being treated in NSPS. Are special salary rate table being abolished? They could be since 5 USC 53 has been waived. Are special salary rates being waived and replaced with a "local market supplement" via a mechanism such as a "special salary rate supplement?"

Recommended Change.
Add the following paragraph as the second paragraph of the references section:

"Special salary rates used in the General Schedule system will be waived (5 U.S.C. 5305). However, DoD will develop local market supplements for employees assigned to occupational categories and geographic areas covered by special rates. Entitlement for the supplement requires that the special rate is the maximum adjusted rate for the banded GS grades to which assigned."

Rationale.
The NSPS flexibilities are expected (page 7573, top left column) to improve DoDs ability to attract and retain a high-performing workforce. Attracting and retaining special salary rate employees into the NSPS should be based on the Key Performance Parameter of "Credible and Trusted." NSPS should be up front with one of its premier class of employees and say what is going to happen to their salary structure. Uncertainty and frustrations in the ranks of special salary rate employees may cause many DoD employees to take their FERS and join NASA or other comparable organizations that use these special skills.