Comment Number: OL-10509881
Received: 3/15/2005 8:18:44 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:

1. Section 9901.312. On what basis will the Secretary establish limitations on maximum rates of basic pay and aggregate pay for covered employees? 2. Section 9901.342(d)(4). States an increase in basic pay may not cause the employee's rate of basic pay to exceed the maximum rate or applicable control point of the employee's band rate range. Can the sum of basic pay plus bonus exceed the maximum rate or applicable control point of the employee's band rate range? 3. Sections 9901.342(f) and 9901.342(g). Basis for increase to basic pay should be the higher of employee's last DoD rating of record or employees who received the modal rating, EXCEPT if the employee's last DoD rating of record showed an unacceptable rating. If employee's last DoD rating of record showed an unacceptable rating, employee should get no pay increase. 4. Section 9901.343. On what basis can an employee's rate of basic pay be reduced? 5. Section 9901.356(a). This sentence is unclear. Taken conversely, an employee who does not receive a pay increase because of an unacceptable rating of record can have a rate of basic pay less than the minimum rate of the employee's pay band? Could this mean that in subsequent ratings, his rate of basic pay could continue to be less than the minimum rate of his pay band? 6. Section 9901.409(a). What is meant by a multi-level rating system? 7. Numerous sections. DoD actions subject to the regulation will be in accordance with implementing issuances. Will the public, or, at a minimum, DoD employees subject to the regulation, have the opportunity to review and comment on the implementing issuances?