| Comment Number: | OL-10510364 |
| Received: | 3/16/2005 9:11:28 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:
Paragraph 9901.313 (first five words of sections “a” and “b”). Original: To the maximum extent practicable, …. Change: Delete the five words and comma. Rational: The term “maximum extent practicable” is undefined and unenforceable. Delete it entirely, or define circumstances as to when and by whom the requirements of section a and b will not be applicable. Paragraph 9901.313c. Original: For the purposes of this section, “compensation” for civilian employees means basic pay and any geographic-based payments that are basic pay for retirement purposes (e.g,, NSPS local market supplements). Change: For the purposes of this section, “compensation” for civilian employees means basic pay and any payments that are basic pay for retirement purposes (e.g,, NSPS local market supplements). Rational: Delete the term “geographic-based”. NSPS local market supplements are not always geographic-based. Paragraph 9901.313 (second sentence “b”). Original: The formula will ensure that in the aggregate employees are not disadvantaged in terms of the overall amount of pay available as a result of conversion to the NSPS… Change to: The formula will ensure that in the aggregate employees are not disadvantaged in terms of the overall amount of COMPENSATION available as a result of conversion to the NSPS… Rational: The use of the word “pay” is inconsistent with the first sentence of section b, and the previous section a. The word compensation is defined. The word pay is not. This change will ensure the employees are treated fairly and the resulting formula is not changed or modified by using different definitions of the word pay. Paragraph 9901.323a Original: …employees… will receive a percentage increase in basic pay equal to the percentage by which the minimum of their rate range is increased. Change: …employees… will receive a percentage increase in basic pay equal to the percentage by which the average of the minimum and maximum rates of their rate range is increased. Rational: As written, this subpart will place no limit on the DOD’s ability to freeze (or reduce in constant dollar terms) the pay of the majority of employees, while increasing the pay of selected career groups, occupations, or market areas (eg: by increasing selected local market supplements or by increasing the maximum rate range only). The suggested change will limit the DOD’s ability to do so. Paragraph 9901.332 and/or 333 Comments: Insert a limit to the extent that DOD can increase the local market supplement for a specific career group or occupation, while making no increase in the local market supplement based on geographic areas. This limit should be tied to a price index, wage index, or other appropriate measure computed by a non-DOD federal agency (eg: Bureau of Labor Statistics). Part 9901, Subpart C, Comments: As written, this subpart changes the basic nature of the Civil Service Retirement System (CSRS). The fairness of the CSRS payroll deductions and the resulting annuity payments is based on basic pay increasing or at least keeping up with inflation during each year of an employee’s federal employment. The NSPS will destroy the fairness of the CSRS. Adverse results could include: an employee’s CSRS annuity decreasing in real terms the longer he/she continues to pay CSRS payroll deductions; or, an employee’s CSRS annuity decreasing due to just one year of “unacceptable” performance in an otherwise exemplary career while a similar employee in the Federal Employee Retirement System suffers only a one year loss. Changes must be made in this subpart, or in the CSRS formula, to prevent such unfair and biased results.