[Federal Register Volume 60, Number 200 (Tuesday, October 17, 1995)]
[Proposed Rules]
[Pages 53716-53717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25647]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 200 / Tuesday, October 17, 1995 /
Proposed Rules
[[Page 53716]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 591
RIN 3206-AH17
Separate Maintenance Allowance for Duty at Johnston Island
AGENCY: Office of Personnel Management.
ACTION: Proposed rule with request for comments.
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SUMMARY: The Office of Personnel Management is issuing proposed
regulations that would change the method for setting separate
maintenance allowance (SMA) rates for duty at Johnston Island. Under
the proposed method, SMA rates for Johnston Island would be set at the
same amount and adjusted at the same time as SMA rates established by
the Department of State for employees who receive an SMA in foreign
areas.
DATES: Comments must be received on or before December 18, 1995.
ADDRESSES: Comments may be sent or delivered to Donald J. Winstead,
Assistant Director for Compensation Policy, Human Resources Systems
Service, Office of Personnel Management, Room 6H31, 1900 E Street NW.,
Washington, DC 20415 or FAX: (202) 606-0824.
FOR FURTHER INFORMATION CONTACT:
Roger M. Knadle, (202) 606-2858.
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is
issuing proposed regulations at the request of the Department of
Defense to change the method for setting separate maintenance allowance
(SMA) rates. An SMA is paid to employees assigned to Johnston Island to
help meet the additional expense of maintaining family members
elsewhere who would normally reside with the employee.
Johnston Island is a possession of the United States in the Pacific
Ocean. It is a non-foreign post of duty located 717 nautical miles
southwest of Honolulu, Hawaii. It is about 3 kilometers long and 0.8
kilometer wide. Much of the island is devoted to chemical weapon
storage and disposal facilities. Because of hazardous conditions (toxic
waste) and the lack of facilities, family members are not allowed on
the island.
Civilian employees assigned to foreign areas who are precluded from
establishing a residence because of local living conditions or Federal
policy are authorized an SMA established by the Department of State
that is periodically updated based on the Consumer Price Index (CPI)
and budgetary considerations. The proposed regulations would abolish
the current SMA rates established by OPM regulations and would provide
that SMA rates for Johnston Island be set and adjusted at the same time
and in the same amount as SMA rates established by the Standardized
Regulations (Government Civilians, Foreign Areas) of the Department of
State for employees in foreign areas. This would maintain equity
between civilian employees assigned to foreign and non-foreign areas.
The proposed regulations would apply only to Federal civilian employees
assigned to Johnston Island.
The revised SMA rates would be adjusted on the first day of the
first pay period beginning on or after the effective date of the final
OPM regulations. Subsequently, the SMA rates would be adjusted on the
first day of the first pay period beginning on or after the effective
date of SMA rate adjustments under the Department of State's
Standardized Regulations (Government Civilians, Foreign Areas). The
proposed change in methodology for setting SMA rates would not be
retroactive.
Regulatory Flexibility Act
I certify that these regulations would not have a significant
economic impact on a substantial number of small entities because they
would affect only Federal agencies and employees.
List of Subjects in 5 CFR Part 591
Government employees, Travel and transportation expenses, Wages.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM is amending part 591 of title 5 of the Code of
Federal Regulations as follows:
PART 591--ALLOWANCES AND DIFFERENTIALS
Supart D--Separate Maintenance Allowance for Duty at Johnston
Island
1. The authority citation for subpart D of part 591 is revised to
read as follows:
Authority: 5 U.S.C. 5942a(b), 5942a note; E.O. 12822, 57 FR
54289, 3 CFR, 1992 Comp., p. 325.
2. In Sec. 591.401, paragraph (a) is revised to read as follows:
Sec. 591.401 Purpose and applicability.
(a) Purpose. This subpart prescribes the regulations required by
section 5942a of title 5, United States Code, to authorize payment of a
separate maintenance allowance to assist an employee assigned to
Johnston Island to meet the additional expenses of maintaining family
members elsewhere who would normally reside with him or her because
they cannot accompany the employee to Johnston Island. This subpart
provides rules for determining which employees are eligible to receive
the separate maintenance allowance, who qualifies as family members
under the program, the method of payment, and payment amounts.
* * * * *
3. Section 591.402 is revised to read as follows:
Sec. 591.402 Definitions.
Adult, a term used in the Department of State Standardized
Regulations (Government Civilians, Foreign Areas), means a family
member who is 21 years of age or older.
Family member means one or more of the following relatives of an
employee who would normally reside with the employee except for
circumstances warranting the granting of a separate maintenance
allowance, but who does not receive from the Government an allowance
similar to that granted to the employee and who is not deemed to be a
family member of another employee for the purpose of determining the
amount of a separate maintenance allowance or similar allowance:
(1) Children who are unmarried and under 21 years of age or,
regardless of age, are incapable of self-support, including natural
children, step and adopted children, and those under legal guardianship
or custody of the employee or the spouse when they are
[[Page 53717]]
expected to be under such legal guardianship or custody at least until
they reach 21 years of age and when dependent upon and normally
residing with the guardian;
(2) Parents (including step and legally adoptive parents) of the
employee or of the spouse when such parents are at least 51 percent
dependent on the employee for support;
(3) Sisters and brothers (including step or adoptive sisters and
brothers) of the employee or of the spouse, when such sisters and
brothers are at least 51 percent dependent on the employee for support,
unmarried and under 21 years of age, or regardless of age, are
incapable of self-support; or
(4) Spouse, excluding a spouse independently entitled to and
receiving a similar allowance.
Johnston Island, also called Johnston Atoll, is a possession of the
United States located 717 nautical miles southwest of Honolulu, Hawaii.
Separate maintenance allowance means an allowance to assist an
employee assigned to Johnston Island who is compelled by reason of
dangerous, notably unhealthful, or excessively adverse living
conditions at Johnston Island, or for the convenience of the
Government, to meet the additional expense of maintaining family
members at a location other than Johnston Island.
4. Section 591.403 is revised to read as follows:
Sec. 591.403 Amount of payment.
(a) The annual rate of the separate maintenance allowance paid to
an employee shall be determined by the number of individuals, including
a spouse and/or one or more other family members, that are maintained
at a location other than Johnston Island.
(b) The annual rates for the separate maintenance allowance paid to
employees assigned to Johnston Island shall be the same as the annual
rates for the separate maintenance allowance established by the
Department of State in its Standardized Regulations (Government
Civilians, Foreign Areas). The annual rates shall not vary by location
of the separate household.
(c) The annual rates of the separate maintenance allowance shall be
adjusted on the first day of the first pay period beginning on or after
[insert effective date of final regulations] and, subsequently, on the
first day of the first pay period beginning on or after the effective
date established for adjustment of annual rates for the separate
maintenance allowance in the Standardized Regulations (Government
Civilians, Foreign Areas).
5. Section 591.405 is revised to read as follows:
Sec. 591.405 Responsibilities of agencies.
Agencies with employees stationed at Johnston Island may require
reasonable verification of relationship and dependency.
[FR Doc. 95-25647 Filed 10-16-95; 8:45 am]
BILLING CODE 6325-01-M
