| Comment Number: | OL-10506049 |
| Received: | 3/11/2005 10:50:07 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:
In subpart C, page 7560, the regulation states: "The proposed regulations provide that employees may receive pay adjustments as a result of a rate range adjustment. Generally, employees will receive an adjustment equal to any increase to the minimum rate of their band and will receive any applicable local market supplement." Essentially, this paragraph says that employees rated acceptable or higher could be denyed the annual cost-of-living increase (note the words "may" and "generally" in the regulation) Denying personnel with 'acceptable' or above ratings the annual COLA would be de-motivational over the current system (since it would constitute an inflation-based pay cut), and could be illegal [see: NTEU v. United States, No. 02-128 C] The COLA should be provided to all personnel with acceptable or higher performance.