| Comment Number: | OL-10511102 |
| Received: | 3/16/2005 2:01:30 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:
Subpart B - Classification: Policy unclear as to how Pay banding system will affect transfer to other Gov’t agencies still on the series/pay grade system prior to total DOD implementation. Subpart C – Pay and Pay Administration: Define “other changed circumstances that might impact pay levels”; give specific examples. For instance, if Congress levies budget cuts in civ payroll appropriation, do pay bands get restructured? What other types of events would trigger a change to pay levels in the negative direction? Also, seems unfair that pay rates for a particular career group could be subject to budgetary constraints. Also, unclear what happens to Cost of Living Adjustments for Civilians under NSPS - COLAs are still available to retirees/military members. Title 9, Chapter 99, Section 9902, subsection (e)(3) states that “…the rates of compensation for civilian employees at the Department of Defense shall be adjusted at the same rate, and in the same proportion, as are rates of compensation for members of the uniformed services.” If military members and retirees get raises regardless of their performance, the current civilian workforce should too! All personnel in DoD should be afforded the same cost of living increases; the civilian portion of that raise should not be placed in the pay pool. Regarding Local Market Supplements: What “geographic and occupational factors” will DoD be looking at to determine local market supplements in lieu of locality pay, which is currently based on cost of living rates in those areas? Regarding Pay Pool performance based payouts: If the final determination of the rating, number of shares, and payout distribution is left to a panel and approved by the pay pool manager, the perception of it’s not “what you know” but “who you know” will flourish under this plan…those personnel who have “connections” could continuously rise to the top, while others who are putting forth an comparable level of effort may not be rewarded as equitably. Also, if the contribution of one employee is deemed “not as important – a subjective determination” as the contribution of another, that employee could potentially not receive a performance-based increase even though significant effort was expended on the part of that employee. There needs to be a way to reward innovation and dedication to duty at various levels of contribution, so that the “pool” is not drained by those who have “connections” . If budget constraints limit the amount of funding in the pay pool, there is a good chance that many high performers would not receive a fair performance rating. The current system is “budget driven”, and I see no change in the proposed system. There is only so much money in the pay pool, and therefore, not everyone is able to receive “5” performance reports because of the requirement to pay a certain share to them. At some point the $$$ available could outweigh the performance. In addition, suggest that any lump sum payment for performance be paid separately from salary (as is done in the Army) to lessen the tax burden on the individual receiving the bonus. Subpart D – Performance Management, Section 9901.401(b)(3): There is no way possible to directly link individual performance to DOD’s Strategic Plan, since there are several strategic plans at the DoD level. Each DoD Component develops/implements it’s own Strategic Plan in support of DoD Strategic Goals. Suggest referencing the lowest level planning documents for clear linkage to performance criteria/clarify performance linkages. Subpart E – External Recruitment and Internal Placement: How are promotions obtained under Pay Banding System? No mention of Re-employment of civilian retirees under FERS or CSRS/FERS combined – (Title 9 only addresses re-employment of those retired under CSRS). Subpart I – Labor-Management Relations: Unclear how employees provide labor concerns to employee representatives if representatives are at “national” level.