[Federal Register Volume 61, Number 106 (Friday, May 31, 1996)]
[Rules and Regulations]
[Pages 27243-27244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13682]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 591
RIN 3206-AH17
Allowances and Differentials; Separate Maintenance Allowance for
Duty at Johnston Island
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations to change the method for setting separate maintenance
allowance (SMA) rates for duty at Johnston Island. Under this method,
SMA rates for Johnston Island are set at the same amount and adjusted
at the same time as SMA rates established by the Department of State
for employees who receive SMA's in foreign areas.
EFFECTIVE DATE: July 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Roger M. Knadle, (202) 606-2858, or FAX: (202) 606-0824.
SUPPLEMENTARY INFORMATION: On October 17, 1995, the Office of Personnel
Management published proposed regulations (60 FR 53716) to set and
adjust the SMA rates for Johnston Island (a non-foreign area) at the
same time and in the same manner as SMA rates for employees in foreign
areas. The 60-day public comment period ended on December 18, 1995. We
received one comment from one agency supporting the regulations as
proposed. Therefore, OPM is issuing final regulations that are the same
as the proposed regulations.
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 and is a non-
foreign post of duty. 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 final regulations abolish the current
SMA rates established by OPM regulations and provide that SMA rates for
Johnston Island will 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 maintains equity between civilian
employees assigned to foreign and non-foreign areas. The final
regulations apply only to Federal civilian employees assigned to
Johnston Island.
The SMA rates will be adjusted on the first day of the first pay
period beginning on or after the effective date of these regulations.
Subsequently, the SMA rates will 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). This change in methodology for
setting SMA rates is not retroactive.
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 affect only Federal agencies and employees.
[[Page 27244]]
List of Subjects in 5 CFR Part 591
Government employees, Travel and transportation expenses, Wages.
Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM is amending part 591 of title 5, Code of Federal
Regulations, as follows:
PART 591--ALLOWANCES AND DIFFERENTIALS
Subpart 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); E.O. 12822, 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 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
July 1, 1996 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. 96-13682 Filed 5-30-96; 8:45 am]
BILLING CODE 6325-01-M
