| Comment Number: | OL-10501236 |
| Received: | 2/24/2005 11:39:56 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:
Revise last setence of Section 9901.231 (b) and last sentence of Section 9901.373 (a) to read: "DoD will convert employees to a pay band within the system that will permit a regular performance based increase in their rate of pay (including basic pay and any applicable locality payment under 5 U.S.C. 5304, specialrate under 5 U.S.C. 5305, or local market supplement under Sec. 9901.332." Reason: The current wording "DoD will convert employees to the system without a reduction in their rate of pay, etc." discriminates against employees in step 10 of their GS grade at the time of their conversion, if they are also in the top step of their new pay band. For example, an employee who is a GS-13, Step 10 at the time of conversion and placed in a pay band of GS-11 - GS-13 would have no opportunity to receive a regular performance based raise that would be available to all other employees in their new pay band. Such discrimination may or may not be Constitutional, but it would certainly defeat the intent of opportunities for regular perfomance based pay raises for all in a performance based pay system.