[Federal Register: July 20, 2001 (Volume 66, Number 140)]
[Rules and Regulations]
[Page 37883-37884]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy01-1]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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[[Page 37883]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 575
RIN 3206-AJ08
Recruitment and Relocation Bonuses and Retention Allowances
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management is issuing final
regulations to provide agencies with greater flexibility to use
recruitment and relocation bonuses and retention allowances. These
regulations will allow agencies to pay recruitment and relocation
bonuses and retention allowances to prevailing rate (wage) employees.
DATES: These final regulations will become effective on July 20, 2001.
FOR FURTHER INFORMATION CONTACT: Jeanne Jacobson, (202) 606-2858; FAX:
(202) 606-0824; email: payleave@opm.gov.
SUPPLEMENTARY INFORMATION: On January 19, 2001, the Office of Personnel
Management (OPM) published proposed regulations to amend the
recruitment and relocation bonus and retention allowance regulations in
5 CFR part 575, subparts A, B, and C, to provide agencies with
additional flexibility to use these incentives (66 FR 5491). The
proposed regulations would allow agencies to grant a retention
allowance to a current employee likely to leave for other Federal
employment under certain limited circumstances. The proposed
regulations also would allow agencies to pay recruitment and relocation
bonuses and retention allowances to an employee in a prevailing rate
(wage) position, as defined in 5 U.S.C. 5342(a)(3).
These final regulations contain only those provisions from the
proposed regulations that allow agencies to pay recruitment and
relocation bonuses and retention allowances to prevailing rate (wage)
employees. Comments received from Federal agencies strongly support the
proposal to allow the payment of recruitment and relocation bonuses and
retention allowances to wage employees. One agency asked that OPM issue
the final regulations implementing this authority as quickly as
possible so that it may use these incentives immediately to help
address critical recruitment and retention problems. In response to
these concerns, we are issuing final regulations to allow agencies to
use recruitment, relocation, and retention payments immediately for
prevailing rate (wage) positions.
We received many comments on our proposal to allow agencies to
grant a retention allowance to a current employee likely to leave for
other Federal employment under certain circumstances. The commenters
raised various issues concerning the criteria for paying a retention
allowance in these circumstances, and additional time is needed to
consider these issues.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will apply only to Federal agencies and employees.
Waiver of Delay in Effective Date
Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to
make these regulations effective in less than 30 days. In their
comments to OPM, agencies expressed an urgent need to use the
recruitment and relocation bonus and retention allowance authorities as
soon as possible to help address serious problems in recruiting and
retaining prevailing rate (wage) employees. Since use of the
recruitment and relocation bonus and retention allowance authorities is
discretionary, waiving the 30-day delay in the effective date of these
regulations will not place an administrative burden on any Federal
agency.
List of Subjects in 5 CFR Part 575
Government employees, Wages.
Office of Personnel Management
Steven R. Cohen,
Acting Director.
Accordingly, OPM is amending part 575 of title 5, Code of Federal
Regulations, as follows:
PART 575--RECRUITMENT AND RELOCATION BONUSES; RETENTION ALLOWANCES;
SUPERVISORY DIFFERENTIALS
1. The authority citation for part 575 continues to read as
follows:
Authority: 5 U.S.C. 1104(a)(2), 5753, 5754, and 5755; secs. 302
and 404 of the Federal Employees Pay Comparability Act of 1990
(FEPCA) (Pub. L. 101-509), 104 Stat. 1462 and 1466, respectively;
E.O. 12748, 3 CFR, 1992 Comp., p. 316.
Subpart A--Recruitment Bonuses
2. In Sec. 575.102, paragraph (a)(5) is amended by removing ``or'';
paragraph (a)(6) is amended by removing ``.'' and inserting in its
place ``; or''; and a new paragraph (a)(7) is added to read as follows:
Sec. 575.102 Delegation of authority.
(a) * * *
(7) A prevailing rate position, as defined in 5 U.S.C. 5342(a)(3).
* * * * *
Subpart B--Relocation Bonuses
3. In Sec. 575.202, paragraph (a)(5) is amended by removing ``or'';
paragraph (a)(6) is amended by removing ``.'' and inserting in its
place ``; or''; and a new paragraph (a)(7) is added to read as follows:
Sec. 575.202 Delegation of authority.
(a) * * *
(7) A prevailing rate position, as defined in 5 U.S.C. 5342(a)(3).
* * * * *
Subpart C--Retention Allowances
4. In Sec. 575.302, paragraph (a)(5) is amended by removing ``or'';
paragraph (a)(6) is amended by removing ``.'' and inserting in its
place ``; or''; and a new paragraph (a)(7) is added to read as follows:
Sec. 575.302 Delegation of authority.
(a) * * *
[[Page 37884]]
(7) A prevailing rate position, as defined in 5 U.S.C. 5342(a)(3).
* * * * *
[FR Doc. 01-18034 Filed 7-19-01; 8:45 am]
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