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Aftanc'e Edtloh 0
el Atth idetFP 315-22
-,epe0tiiVe Appoinmn M erta i F Oerseas
poes UdrEeuveOder 1236
SO ington, D. C. 20415
Der-ember 15, 1983
eatsL-P adidetdent Establishments:
40i( Ptrson al ftnageMe nt i s pub Ii s i nq f i ba guidel lines on the roncompet-
j Fmo 4 mor overseas employees under Execotive Order 12362.
,-,ter, 12-OW Is designed to improve employment opportunities for family
A4 6an 'h their U.S. Government personnel, who Are employed while ac-
me)apn nomesa sinet It anabl~et spouses and other family
wark,, tatorl of 24 months in overseas positions, after January 1, 1980, and
41"A I~qureents to qualify for direct appointments to competitive civil
a ,the, -eturn to the United StateS., interim guidelinsonmkg
him$ athority we're issued in FPM better 315-21, dated July 22,
fa* ",461fs contain several important changes in the cr teria eligibles
peetunder the Order. An earlier reqvirenent that eligibles must
adatyie duty military or civilian peridnnel at the time they apply
A.Uontk ted ates has been dropped. Under the new guidelines, which
1 eligibles need only have Wien considered official U.S. Gov-
pg the period of their overseas employment. This change was
Vi and inequity for family members *ho earn eligibility over-
sifbequently retire or die before the family member can apply
0P4,has detenni ned that family mombors who work under the Berlin
l ify for ci vilI service empl oympnt on, the same basi s as empl oyees
eesduty locations. The eliglbtlity of U.S. workers in Berlin
the Ekecutive order has been in doubt because of the unique method
4 ly wel 1 qualIi f ied ove rs eas empl oyees are el igi bl1e fo r empl oymenat
tba final guidelines require eligibles to have a fully successful or
ytA5 for overseas servi ce perf orged af ter Ja rua ry 1, 1984, i n order
h service requi rements of the Order,
e"'Ajso clarify the requirement that family members must accompary their
V I t,ey. cb'plet-L the 24 months of overseas employment needed to qualify under
n gitirg, that sponsors may be temporarily deployed away from their per-
st$iln on ships or to other posts to meet diplomatic or military re-
.. .. .. "0 guidelines only require eligibles to reside in the overseas area
P is cffigially assigned to an overseas post of duty. They do not
member, to have physically resided with the sponsor at all times or to
Vth tth sponsor to or from the overseas area.
a of ticy Analysis and Developmento Staffing Group (202) 632-6817
Caerand Caree-Conditional Appointment
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from te oveseas tur ofduty uringihichiheyiaquiredeligiility
8. Th ewgi e11ns r e g cop rtd nte oe fFeeraI eu tii n W
also bing publish as Fedeal Pesonne Manul insallmetitoihaptesi301i31ianiii
316. he couple textof te chater 15 maeria appersiaianiatachentitithi
Attachment to FPM Letter 315-;
SU $BCAPTER 6. CAREER OR CAREER-CONDITIONAL APPOINTMENT UNDER
6-13. APPOINTMENT OF FORMER OVERSEAS EMPLOYEES
a. Eligibility. Under the Authority of Executive Order 12362,
i' former overseas employee may be appointed on a career-conditional basis
i':o,. ompeltiively to a competitive service position in the United States
Sidri:ded that he or she:
P (1) Is a citizen of or owes permanent allegiance to the
(2) Accumulated 24 months of creditable overseas service in
an apnprpropiated fund positions) under an overseas local hire appoi ntment(s)
i: thn any 10-year period beginning after January 1. 1980;
(3) Received a fully successful or better performance rating (or
equivalent) for the period of creditable overseas service (this requirement
pplieS to service accrued after January 1, 1984);
S(4): Was a family member of a Federal civilian employee or of
:, a member of a uniformed service (the civilian or uniformed sponsor) who
: as, officially assigned to the overseas area during the period of creditable
i wrseas service;
(5) Accompanied the civilian or uniformed sponsor on official
assignment in the overseas area while serving in the overseas position
during the period of creditable overseas service.
(6) Is appointed within 2 years of returning to the United
States from the overseas tour of duty during which he or she acquired
eli:gi bily; and
(7) Meets all qualification requirements for the position in
the United States for which he or she is applying.
b. Definitions. (1) "Accompanied the civilian or uniformed sponsor
on official assignment in the overseas area" means a family member residing
in the overseas area while their sponsor is officially assigned to an
overseas post of duty. This definition does not require the family member
to have physically resided with the sponsor at all times or to have traveled
with: the sponsor to or from the overseas area.
(2) "Creditable overseas service" means the period of employment
when the employee was serving under a local hire appointments) with a
fully successful or better (or equivalent) performance rating and residing
in the overseas area as a family member. of a Federal civilian employee or
member of a uniformed service on official assignment.
I l :
Attachment to FPM Letter 315-22 (2)
(3) uFami ly membe r" mea ns a spouse or unmarried child
23 yea rs of age) of a member of a uni f ormed service or Federal ti 94i
employee officially assigned to the overseas area.
(4) NFederal civilian employee" means an employee of, the e
ti ve .Judi cial a nd Ilegi slat ive bra nches of the Gove rmnat of the
States who is officially assigned to the overseas area and serves in
appropriated fund position.A
(5) "Local hire appointments" are excepted or canpetitive S`1
appointments made from applicants residing in the overseas area hich
not actually or potentially permanent. For purposes of this subpart
this definition includes nonpermanent employment as a local nat
employee paid from appropriated funds, or under 50 U.S.C. 403j, Publi~c
86-36, or the Berlin Tariff Agreement, overseas limited appoint
under 5 CFR 301.Z01 nonpenia nent excepted appoi ntments under 'Sch-d
213.3106(b)(6) or Schedule A 213.3106(d)(1), or an "American Family
or "Part-time--Intermittent--Temporary" appointment in U.S. diplomatic
(6) "Member of a uniformed service" means personnel of
armed forces (including the Coast Guard), the commissioned corps of
Public Health Service,, and the commissioned corps of the National OMe
and Atmospheric Administration officially assigned to the overseAs a-
(7) "Overseas area" means locations outside the 50 StO
of the United States,, the District of Columbia,, Guam,, Puerto Rico
the Virgin Islands.
(8) "Sponsor" means a member of a uniformed service or civil
employee on official assignment to the overseas area who is the spotl
or parent of the family member.
(9) "United States" means the 50 States, t~he District af,
Columbia, Guam, Puerto Rico and the Virgin Islands.
c. Determining creditable overseas service. To be creditable for o
competitive appointment under E.0. 123629 24 months of overseas employmeo*,1
must have been served: A
(1) Within any 10-year period after January 1, 1980; ar4,
(2) Under a local hi re appointment (s) as def ined in paragraph
b(5) of this section; and
(3) While the individual was physically residing in the oversea's
area as a family member of a civilian employee or member of a uniformed
service who was officially assigned to the overseas area; and,
SIAttache ,t a.v i, Letter 315-22 (3)
Tre is no authority to waive any of tibe abo:ve requirements. Service
f lonprocedures of FPM supplement 29-33ale applicable i n detenni n-
th.;r former overseas employees meet;the alegti h of service require-
for no;nepetitive appotintment, Creditbl: e service may have been
I .era:l different appointments alnd:: nd not 'have been continuous.
o. of leave without pay which occtwfetf fer the employee left the
Sta area are not considered creditable i;erseat service for purposes
i 0rn ng noncompetitive appointment eligibility. Service under certain
t o.f overseas local hire appointmenAts while creditable for purposes
Rtiing noncompetitive appointment elig:i.fity under E.O. 12362 may not,
e cases, be considered creditable Federal service for other purposes
4i., retirement. leave accrual, etc.) Before establishing an E.O.
V#i* appointee's service computation date, agencies should consult the
p riate section of the Federal Persornel 04a al to determine whether
appointee's overseas service is creditable for these other purposes.
i d. Overseas local hire appoi ntments. Overseas local hire appoi ntments
a i hose forms of non-permanent employment designated in paragraph b(5) of
ttMs section. Non-permanent appointments in both the competitive and ex-
pt.ed service are usually indicated by p'tam'e't t of the employee in tenure
grIp 0" or "3". Appointments In the c- peititve or excepted service
iiUnder which the employee is assigned to ~tenre group 1 or 2 are not con-
sidered local hire appointments and ca nnot :be usAd to meet service require-
iot.-for appointment under E.O. 12362. The requiresent that local hire
|p mntimn a be made from applicants residingI 1 the overseas area does
t preclude agencies from considering candy dates, whose sponsors are
bei m assigned overseas, In advance of lthei p-:rrlival in the overseas area.
e. Documentation. Periods of creditablme overseas service and date
if return to.the United States must be documented by the E.O. 12362 eligi-
bie when applying for employment in the Uniteid States. Copies of personnel
actions travel orders and performance ratings :ay be used for this purpose.
f. Documentation of overseas I local hire employment with national
s ecii ty organizations. In rare cases, security considerations may preclude
th.e disclosure of specific information in former employee's overseas
service. Where' such employees meet the requirements for noncompetitive
Vappi ntment under Executive Order 12362.i the overseas employi ng agency
wiB issue the employee a certification:to: thf effect. Agencies in the
United States may make noncompetitive a ppoi ntiients on the basis of this
cert ificatio n.
Si g. Performance rating. For service after January 1, 1984, to be
creditable for noncompetiti ve appointment, the employee must have received
a.:a performance rating of fully successful or better (or equivalent). Periods
of overseas employment after January ;1, 184 for which the employee did
.notf re eive a fully successful or better ( i.f equivalent) performance rating
are not considered as creditable overseas service for purposes of meeting
i:noncompetitive appointment eligibility requraients under this subchapter.
; Raiit, gs must be determined in accorda-ne with the agency's performance
ail: pr~a: sa plan established under chapter 4 3o Title 5, U.S. Code, unless
the oVerseas agency is exempt from prov!sisittas of this chapter.
qualification requirements for all lower graded positions in the same ser.. '
Written test requirements for lower graded positions in the same serties...
be waived by the agency in such cases.
k. Time-in-grade restrictions. Time-in-grade restrictions (FPM chb
300) apply to employees appointed under this authority who have served fi
General Schedule position during the previous year.
1. Appointment eligibility. Eligibles may receive more than one appoai:.f.
me.nt under this authority as long as all appointments are made within 2 y
of returning to the United States. Legal authority code and legal author tt
to be shown on appointments are ZJK, E.O. 12362. Eligibles may also recei .
noncompetitive term or temporary limited appointments (FPM chapter 316). :.i'i
dividuals who have reinstatement eligibility from a previous career or care =W
conditional appointment, as well as current eligibility for appointment wundiI
E.O. 12362, may be considered for occupations and grade levels on the basiil
of their E.O. 12362 eligibility. When the appointment is made in such cases',q
however, it should be identified as a reinstatement action.
m. Period of noncompetitive appointment eligibility upon return to th:
United States. Eligibles may be appointed within two years of their return to .
the United States following an overseas tour of duty during which they acquiredL:
eligibility by meeting the requirements of paragraphs a,(2) through (5) Of
this section. Eligibles can use creditable overseas service earned during.
iii ; Attachment to FPM Letter 315-22 (5)
previous overseas tours of duty for this purpose as long as the entire 24 months
of creditable overseas service was earned within a 10-year period beginning
not earlier than January 1, 1980. In addition, at least some portion of the
creditable overseas service must have been earned during the individual's most
ilecent overseas tour.
n. Status and tenure. Upon contemporary appointment, the former overseas
Employee is a career-conditional employee (except in the case of reinstatement
eHligibles described above). Both initial appointment probationary period and
the 3-year period for conversion to career appointment begin with the date of
tie career-conditional appointment. Service under a local hire appointment
overseass is not creditable for either the probationary period or the service
r requirement for conversion to career tenure.
UNIVERSITY OF FLORIDA
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3 1262 08729 3956
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