| Comment Number: | OL-10502283 |
| Received: | 3/1/2005 2:29:17 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:
Subpart C – Pay and Pay Administration, section 9901.342(d)(4). “I object to this paragraph allowing performance payout to be other than basic pay. All pay performance payout should be in the form of basic pay unless doing so would put the basic pay above the ceiling rate of the rate or band. The supplementary information on page 7560, Performance Payout says pay pool managers can determine how much the performance pay out is basic pay (counted toward retirement) and how much is bonus. The pay pool manager should not have such unfettered power to effect retirement. Congress must mandate that all performance payouts up to maximum limits of the rate or band be in the form of basic pay. I see this as a tool for the Executive Branch to use to reduce an employee’s retirement benefit (something that Congress should do, if it chooses) in a most indirect method. The Executive Branch may also use this power to stifle discussion and dissent by wielding not only immediate power over compensation but also have at its disposal a long-term threat to the economic viability of its employees.