| Comment Number: | OL-10509554 |
| Received: | 3/15/2005 4:11:11 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:
COMMENT #1: 9901.607(a)(4): This part states that crediting performance will be done IAW 5 CFR 351.503. That part requires adjusting service comp dates for RIF to include additional service time for performance ratings. This results in diminished impact of the performance rating and increases impact of seniority in RIF. This seems contrary to a performance or contribution based system. Recommend deleting the reference to 5 CFR 351.503 or clarify that only 5 CFR 351.503(a) and (b) apply. COMMENT #2: DoD needs to define "Official Position of Record". It is used throughout the FR, but is not defined. COMMENT #3: 9901.608 (b)(3): Says DoD may temporarily postpone release of an employee from a retention list when appropriate under 5 CFR 351.506, 351.606, 351.607 and 351.608. 5 CFR 351.606 includes MANDATORY exceptions. It isn't clear whether mandatory exceptions are no longer mandatory. Need to clarify this. Additionally, to continue to follow current CFR requirements is unnecessarily restricting vs flexible as NSPS should be. Recommend changing 9901.608(b)(3) to read either: (1) The Department will follow provisions of 5 CFR 351.506 and may temporarily postpone the release of employees as permitted under under 5 CFR 606, 5 CFR 607, and 351.608. OR (2) The Department will issue implementing issuances which describe the procedures for temporarily postponing the release of an employee from the retention list.