Comment Number: OL-10504120
Received: 3/8/2005 1:43:53 PM
Subject: Notice of Proposed Rulemaking, Request for Comment
Title: National Security Personnel System
CFR Citation: 5 CFR Chapter XCIX and Part 9901
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Comments:

Subpart F - Workforce Shaping 9901.607(a)(2) The criteria here should be receipt of service connected disability rating as certified by the VA. Receipt of military retirement pay or retirement for length of service should not be a factor. Under the old CFR 351.501(c) and (d) a member could be retired for length of service at 20 years and subsequently be rated with 60% service connected disability by the VA and NOT BE ENTITLED to any preference because the disability was not incurred in combat whereasa member with 8 years service and the same 60% disability would receive a preference. Whereas the old 351.501(c)(1) and (2) establishes two subgroups, 351.501(d) basically erases that veterans preference if the member is retired military.