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Offke of Personnel Management FPM Letter 553-3
SeerlPersnnlel Manual System PubWd in advance
553-3of tcofporalon in FPM
in Exceptional Circumstances
Washington, D. C. 20415
VMay 20, 1991
of Departments and Independent Establishments:
.Ve Pederall Employees Pay Comparability Act of 1990 (FEPCA) permits OPM
Zoize, exceptions to the reduction in pay or retirement benefits
XZy required for either military or civilian retirees--
,o temporary employment that "is necessary due to an emergency
Ivipg a direct threat to life or property or other unusual
_.:curstancesm (which may be delegated to agencies)F and
AoA a case-by-case basis for employees in positions for which there
Exceptional difficulty Jin recruiting or retaining a qualified
Zu egulations implementing this requirement are contained in 5 CPR
-553, whIoh was published in the Federal Register on February 14, 1991.
Letter sets out the procedures agencies must follow to submit requests
policies OPM will follow in authorizing exceptions under the law
ag~tions. These instructions supersede those contained in section
joymnet of military or civilian retirees without reduction in
t benefits is intended to be a rare exception. (FEPCA
Fieally refers to "exceptional" and "unusual" circumstances.) The
btoreemploy annuitants without penalty is only one of many manage-
flexibilities available under FEPCA and other laws and regulations.
h awe, an agency needs to consider what authority or combination of
tiess will be most productive and cost effective.
ll, cwses must be approved individually, whether the request is based
agency or exceptional recruiting difficulty. Attachment I contains
instructions for submitting individual requests. Except in very
circumstances, all cases must be approved by OPM. OPM will enter-
xeofiests to delegate authority to approve individual cases only when
cycan demonstrate that submission of individual requests would be
ticable in a particular emergency. Attachment 2 contains instruc-
tzor requesting delegation of authority to approve individual cases in
Jonal emergency situations. OPM will give prompt consideration to
,Zcause an individual's decision to retire should not be influenced or
r-aged by the possibility of subsequent reemployment, OPM will
ally accept requests only when the individual is already retired.
tions to this policy will be made only as discussed in paragraphs 8
5 of attachment *1.
hk 553, Reemployment of Military and Civilian Retirees to Meet
Exceptional Employment Needs
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Attachment 1 to FPM Letter 553-3
!lREQUBTIIG APPROVAL OP INDIVIDUAL CASES
Si. Where to submit requests. Send requests for approval of appointments to
i1 ut'; tons above GS-15 to the Director, Human Resources Development Group.
:. requests for approval of appointments to positions at GS-15 and below to
Ihi .fA..eociate Director for Career Entry. Each request must include the
ItiifoMtion required below.
i Requirements for All Requests
S:l;;I Ia-nformation about the individual:
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i!i cial security number and CSRS or FERS claim number, if any;
Date of retirement;
lli ypelllll. of retirement (voluntary, discontinued service, disability,
nlllll!'.iii .:. i t e.);
S!o!!!'!!' r a military retiree, rank at retirement and type of service
(.regular br reserve, officer or enlisted);
.aunt of current annuity or retired or retainer pay;
i .';;., alysis of the individual's qualifications that meet the agency's
;i..ergency need or critical skills shortage (attach SF-171);
..GIlllirtification by the individual that he or she will not accept the job if
I ay or retirement is reduced; and
i .'.!!II Focumentation of bona fide offers of nonfederal employment, if any.
ToIlllliation about the position:
"Ill!i'. !ii'.iitlte, series, grade, salary, and duty location;
l e,"': p of appointment;
Iie"'., iiiii ition description and description of the qualifications required,
i'i" i,'including any selective factors or other specific requirements that would
justify the submission; and
Reason for submission (emergency or exceptional recruiting difficulty).
j f the request is based on temporary hiring in an emergency, provide the
Information required by paragraphs 4 and 5. If the request is based on
Exceptional recruiting difficulty, provide the information required by
paragraphs 6 and 7.
Additional Information Required for Requests
Based on Emergency Situations
.Description of the emergency:
0 11j." The emergency must pose an immediate and direct threat to life or
property. A potential or indirect threat (e.g., possibility of increased
criminal activity because of a shortage of law enforcement personnel) is
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Attachment 1 to FPM Letter 553-3
3. To retain an employee for critical work. In very unusual cases, OPM may
:nsader requests for exception to pay or retirement reduction when an agency
eesde to retain the services of a particular individual who is uniquely
qmplifTed for an ongoing project. Requests submitted on this basis musts
Describe why the project is unusually critical. Include its importance to
iiI-,i the agency's mission, potential costs of project failure or delay,
**:"*:.* -- j JatJ1 A.A1_-- -- --- __^ --^^A.
aby legislative or rreBsiaential deaadlines, ana any other relevant
bileasoribe why retaining the individual is critical to the project.
iiilu;de the knowledge, skills, and abilities possessed by the individ-
..ial that are essential for successful completion of the project and
that could not be acquired by another appointee within a reasonable
I timi. Also explain why the work cannot be assigned to other employees
involved with the same project.
ii''l'Proivide documentation that the individual will retire (or, in the case of
a employed civilian annuitapt or a military retiree employed in a
civilian position, will resign from that position) if the exception is
net granted. Such documentation might include a bona fide offer of non-
federal employment or information about changes in or expiration of
i benefits (such as retirement, health benefits, or life insurance) or
other circumstances to support the claim that the employee cannot or will
S ot delay retirement. The agency must also discuss the possibility of
using a retention allowance to retain the employee through completion of
the critical project.
S State the length of time needed to complete the project.
Attachment 2 to FPM Letter 553-3
I RQISBBINGE DELZEGTIOC OF AUTHORITY TO APPROVE INDIVIDUAL
ft+ CUSB8R IN PARTICULAR IBERGIIC S B"IATIONS
4ik. Where to submit requests. Send all requests to the Associate Director
A:'.I Ca.reer Entry. Each request must include the information required below.
:l! Deaeription of the emergency:
llilli he emergency must pose an immediate and direct threat to life or
i -property. A potential or indirect threat (e.g., possibility of increased
c!!!!!i final activity because of a shortage of law enforcement personnel) is
o. t sufficient.
ie emergency must be beyond the scope of the agency's normal responsi-
I b! cities. An agency that has a continuing responsibility to respond to
|||||.|i||itemergencies that occur on a seasonal basis (e.g., forest fires or hurri-.
II aes), is expected to have temporary, seasonal, or on-call staff to meet
aiOt needs. A request for exception may be appropriate only when the
i. timber of emergencies in a ,season or the severity of a particular emer-
i iiiiiiiiiii enc creates a need for temporary employees beyond typical seasonal
'. Description of the positions to be covered by the delegation:
! mIIIi "clude the occupations, grades, and location of the positions to be
I filled under the delegated authority.
*T..i|:S:'i.he positions must be filled in connection with the immediate response
I effort. l OPM will not delegate authority to approve appointments to
positions providing administrative or clerical support or long-term
!!I' i Toilmus work must involve prevention or reduction of the threat to life or
property (e.g., treating casualties resulting from a major disaster or
mII:; military action, cleaning up a major oil spill, or assessing structural
SIIIIi:!i...undness following a disaster). OPM will not delegate authority
to111!::; t approve appointments to positions involved in reimbursement or
i comlilll!!!!! pensation for damage that has already happened.
Oi!:;,:ither conditions to be covered in the delegation, including but not
S::;T ime limits both for the agency's authority to approve new appointments
as exceptions to dual compensation restrictions and for the length of
Those appointments; and
r"* Whether and to what level the authority to approve individual
appointments may be redelegated within the agency.
UNIVERSITY OF FLORIDA
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