| Comment Number: | OL-10511535 |
| Received: | 3/16/2005 3:55:09 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:
9901.103 Definition currently states - performance means . . . attitude. Change to conduct or another term. Attitude is not easily defined or measured. 9901.103 Add definition of Federal Wage System 9901.212(d) Change 514 ref to 513 9901.312 Recommend aggregate pay be defined 9901.334 Verbiage should be added to address the situation if local market supplement goes down 9901.342(d)(3) Control points – Components should be allowed maximum flexibility in establishing control points. 9901.342(e) Pro-ration of performance pay-outs – NSPS is a system based on performance, not longevity. Pay-outs should be based on employee’s contribution to the mission, not how many months an employee served during the rating cycle. Components should be allowed to determine if control points are necessary, or at a minimum be allowed maximum flexibility in establishing criteria for pro-rating. 9901.353 Section states “DoD may set pay anywhere within the band when an employee is promoted to a higher grade.” However, page 7561 states “Promotion increases from a lower band to a higher band generally will be a fixed percent of the rate of basic pay . . . this amount is roughly equivalent to the value of a promotion within the GS system.” This is an inconsistency. We recommend maximum component flexibility in setting pay. Pay setting should be based on the qualifications, education and experience that an individual brings to the position not an arbitrary control point. 9901.409(b) Modify to state that the appraisal period must be a minimum of 90 days. 9901.504 Definitions: Temporary and Term: There is no clear distinction between term versus temporary employees. They are both employees on time-limited appointments. Suggest employee appointments be distinguished as time limited with no distinction for term or temporary. 9901.601 Change to include: Applicable procedures in 5 CFR part 351 will apply, except when replaced by provisions of this subpart. 9901.604 (b) (2) NSPS needs to redefine rules covering Transfers of Function to more appropriately match the flexibilities of the entire NSPS system. Current rules under 5 CFR part 351 will unnecessarily tie management’s hands when defining competitive areas. 9901.607(a)(1) and 608(b)(2) Change reference to “temporary employees” to read “employees on time limited appointments.” 9901.611 Suggest that this section be modified to state that RIF appeals to MSPB be covered under the newly defined appeals process described under subpart H.