| Comment Number: | OL-10506287 |
| Received: | 3/11/2005 1:21:36 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:
How does an employee appeal a reduction in pay [9901.408 and 9901.805(a)] due to a performance rating [9901.343] if the “sole and exclusive method for challenging a rating is the reconsideration procedure? [9901.409(g)] In order to address the reduction in pay, the MSPB must review the underlying performance evaluation, and could presumably raise or lower the rating. If the performance rating is revised upward through either the reconsideration procedure or an MSPB appeal, will the employee’s payout determination be retroactively proportionately adjusted? Will money in the pay pool be set aside for potential subsequent adjustments?