Comment Number: OL-10500719
Received: 2/18/2005 7:56:18 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:

Section 9901.342 Performance Payouts There are two limiting factors listed that will prevent an employee from receiving an increase in his/her basic pay. These factors limit the basic pay even if the employee is an above average achiever. The cumulative effect of limiting the basic pay is that the employee`s retirement will be significantly reduced as compared to the present GS system since retirement is calculated based on basic pay, and pay designated as "bonus" is not included. An employee`s TSP under either the FERS or CSRS will also be reduced since the cap on the income will reduce contributions - matching or otherwise. The two factors are: no increase in basic pay if the increase causes the employee to exceed the maximum rate of his/her pay band, and no increase in basic pay if the increase would cause the employee to exceed a "contol point". The "control point" is described on page 7560 as mechanism to limit pay increases within a pay band. This will have the effect of slowing the employee`s progression through the pay band even if the employee is a superior performer. To receive an increase in basic pay which permits an employee to exceed the "control point" the employee would need the "highest performance rating" according to the example given. One may assume that a "superior" employee may not make the grade. Since "control points" within the pay bands will have such a significant effect on the employee`s ability to progress through the pay band even if his rating is superior then at the very least the "control points" should be made known within each pay band so that the employee will know when the "control point" obstacle is near.