| Comment Number: | OL-10511831 |
| Received: | 3/16/2005 5:39:06 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:
General Comment. The NSPS Federal Register Notice (FRN) lacks sufficient detail on the pay-for-performance system to allow for meaningful comment. To provide system developers with critical feedback prior to final implementation, recommend staffing the implementing regulations with commands experienced in using pay-for-performance systems. Specific Comments Page 7560 – The FRN states under Performance Payout, “DoD to establish ‘control points’ or other mechanisms within a band, beyond which basic pay increases may be granted only for meeting criteria established by DoD.” Recommend explanation of intent. The only example cited requires a certain performance rating. Section 9901.342(d)(3) does not clarify further, stating only, “DoD may require that certain criteria be met for increases above a control point.” Page 7561 – Under Temporary Promotion, after explaining that employees will be returned to their official position of record prior to conversion, the FRN states, “GS employees will be converted at current rate of basic pay, including locality payment, adjusted on a one-time, pro-rata basis for the time spent towards their next within-grade increase.” This is listed under Temporary Promotion. Recommend inclusion under Initial Conversion to provide for all employees converting into NSPS. Also, recommend insertion of “and equivalent” after GS. Page 7561 – The FRN states under Promotion, “Promotion pay 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 statement seems inconsistent with section 9901.353, Setting pay upon promotion, which states, “DoD may set pay anywhere within the band when an employee is promoted to a higher band.” Page 7561 – The FRN states under Reassignment, “If the move is…not due to unacceptable performance and/or conduct, pay will generally be set at the existing rate of pay.” This statement seems inconsistent with page 7583, section 9901.352(a), Setting pay upon reassignment, which states, “DoD may set pay anywhere within the assigned band when an employee is reassigned, either voluntarily or involuntarily, to a position in a comparable band.” Page 7562 – The FRN states under Performance and Behavior Accountability, “Supervisors and managers must establish performance expectations and communicate them to employees.” Neither this page nor sections 9901.405 (b)(5) or 9901.406 on page 7585 specify that written performance expectations will be provided. Recommend that implementing issuances specify the need for written performance expectations to serve as documentation of the communication between a supervisor and employee. Page 7563 – The FRN states under Recruitment and Competitive Examining, “Public notice of all vacancies and acceptance of applications from all sources continues; however, applicants from local area and other targeted sources may be considered first.” Recommend that implementing issuances address the applicability of the DoD Priority Placement Program. Page 7582 - 9901.342(b)(2) – The FRN states, “DoD may determine a percentage of pay to be included in pay pools.” Is the intention to determine a minimum percentage of pay as a funding floor? If so, recommend that this be clarified. Page 7584 - 9901.356(d) – The FRN states that implementing issuances may provide for special increase prior to conversion out to GS, “in recognition of the fact that the employee will not be eligible for a promotion increase under the GS system.” For clarity, recommend the word salary be substituted for the word promotion. Page 7584 - 9901.373(e) – The FRN states, “The Secretary has discretion to make one-time pay adjustment for GS and prevailing rate employees when they are converted to the NSPS pay system.” Recommend inserting the word “and equivalent” after GS. Also recommend that buy-in upon conversion to the NSPS be mandated, not discretionary. Page 7586 - 9901.409(g) – The FRN states that a procedure will be provided to challenge a rating of record but then states, “A payout determination will not be subject to reconsideration procedures.” The intention is unclear. Is the intent to allow employees to challenge their score/share but not the amount of money they receive? If so, to clarify, implementing issuances could illustrate the procedures for a challenge to a rating that results in an increase in the payout. Page 7588 - 9901.515(b) – The FRN states, “DoD may establish procedures for examination for entry into competitive and excepted service positions under NSPS” and cites 5 U.S.C. 1302(c) Veterans’ Preference in Excepted Service. Recommend addition of 5 U.S.C. 1302(b), Veterans’ Preference in Competitive Service. Page 7588 - 9901.603 – The definition of retention factors includes “and such other factors as the Secretary considers necessary.” Recommend examples of such other factors be included. Page 7588 - 9901.607(a) – The FRN lists the retention factors in order. Recommend Rating of Record be placed ahead of Veterans’ Preference in the descending order, as NSPS is a pay for performance system. This would fulfill the first Key Performance Parameter of “High Performing: Employees/supervisors are compensated/retained based on performance contribution to mission,” while still retaining Veteran’s Preference as a factor. Page 7590 - 9901.703 – Under Adverse Actions, the FRN states under definition of pay, “For the purpose of this subpart, pay does not include locality-based comparability payments, or local market supplements.” Recommend clarification. If pay under this subpart does not include locality or market-based pay, would the suspension of pay apply only to basic pay and thus employee would continue to receive locality pay or market-based pay? Page 7592 – Missing Sections 9901.718 through 9901.720. If content of those sections is not required, recommend renumbering.