Comment Number: OL-10500486
Received: 2/17/2005 12:04:43 PM
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:

Under Performance Payout on page 10: As I understand it, if a persons basic pay rate is at the very end of a pay band and as a result of their performance, they are entitled to a one time lump sum bonus, the bonus is not considered part of their basic pay. Therefore, this part of their salary is never considered in the High Three computation for retirement annuity. An outstanding performer will be paid the same retirement check as a poor performer if they’re both at the end of the same pay band. To be truly equitable and reward the high performer, this bonus should be included as basic pay just as the pay increases of all other employees who are NOT at the end of a pay band. The others who had received an increase to their basic pay, established a new basic pay which automatically stay with them every year until they receive another performance-based basic pay increase which is then calculated based on their last basic pay. However, the one at the end of the pay band may be eligible for the same calculated increase (in the form of a lump sum), which is NOT calculated on their basic pay + their previous bonus. The inequity is compounded year after year. Where is the “safeguard to promote fairness” in this situation? If it’s true that this systems is being overhauled to provide greater flexibility and value talent and performance then this unjust condition should be corrected now. Is there any other method of increasing the basic salary for one at the end of a pay band other than promotion to the next pay band? This is not fair to employees who are excellent performers but have no promotion opportunities due to being at the top of their levels, or in activities holding promotion freezes, or any number of other reasons. I believe some changes are needed to rectify this shortcoming.