Comment Number: OL-10512236
Received: 3/17/2005 12:09:40 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:

(1) If NSPS is only having Permanent and Temporary type positions and the Terms are considered Temporary, where will the Career-Conditional (CC) tenure type of position move to? We understand that it will be considered permanent, but where do they stand on tenure and reinstatement eligibility (9901.516 and 9901.607(a)(1)? Under NSPS, 9901.504 appears that for a Career (C) employee, there is no difference in how many years he/she has been employed. (2) Under NSPS, 9901.516, is there a life-time reinstatement eligibility for all Career employees, no matter how long they have served in the Federal service? Under the current system, CC employees have 3 years from the time they resign to be non-competitively placed in a position that is the same grade or lower than when they left the Federal service. Career employees have a life-time to be reinstated. (3) Under NSPS, for Workforce Shaping, 9901.607(a)(1), there looks like there are two Tenure Groups, one for Career (includes only permanent employees) and the second tenure group being those on a Term position and other employees as identified in DoD implementing issuances. Under the current RIF rules, there are three Tenure Groups, Career, Career-Conditional, and all others.