97-12089. Official Duty Station Determinations for Pay Purposes  

  • [Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
    [Rules and Regulations]
    [Pages 25423-25425]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-12089]
    
    
    
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    Federal Register / Vol. 62, No. 90 / Friday, May 9, 1997 / Rules and 
    Regulations
    
    [[Page 25423]]
    
    
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    OFFICE OF PERSONNEL MANAGEMENT
    
    5 CFR Parts 530, 531, and 591
    
    RIN 3206--AH84
    
    
    Official Duty Station Determinations for Pay Purposes
    
    AGENCY: Office of Personnel Management.
    
    ACTION: Interim rule with request for comments.
    
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    SUMMARY: The Office of Personnel Management (OPM) is issuing interim 
    regulations in response to changes made by the Federal Employee Travel 
    Reform Act of 1996 that affect the status of employees who are assigned 
    to work in another location for an extended period. Under this law, 
    employing agencies are authorized to pay certain relocation allowances 
    in lieu of temporary duty travel allowances for employees who perform 
    an extended assignment lasting from 6 to 30 months in another location. 
    These interim regulations clarify that the temporary duty station 
    during such an extended assignment must be treated as the official duty 
    station of the employee for purposes of determining the employee's 
    location-based pay entitlements.
    
    DATES: These regulations are effective on May 9, 1997. Comments must be 
    received on or before July 8, 1997.
    
    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 (FAX: (202) 606-0824 or EMAIL: payleave@opm.go).
    
    FOR FURTHER INFORMATION CONTACT: Jeanne Jacobson, (202) 606-2858, FAX: 
    (202) 606-0824, or EMAIL: payleave@opm.gov.
    
    SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is 
    issuing interim regulations in response to changes made by the Federal 
    Employee Travel Reform Act of 1996 (title XVII of Pub. L. 104-201, 
    September 23, 1996), which took effect on March 22, 1997. Section 1716 
    of the Act amends subchapter II of chapter 57 of title 5, United States 
    Code, by adding a new section 5737. Section 5737 gives agencies 
    discretionary authority to pay certain limited relocation allowances 
    (including payment of various expenses associated with moving family 
    members and household goods) in lieu of temporary duty travel 
    allowances (including payment of a per diem allowance or actual 
    subsistence expenses) for employees who are assigned from their 
    official duty station to another duty station for an extended period of 
    time. Agencies may pay the limited relocation allowances only for 
    extended assignments lasting (or originally expected to last) from 6 to 
    30 months. These extended temporary assignments may involve a duty 
    station change accompanied by a position change (e.g., reassignment or 
    promotion), or they may merely involve a duty station change.
        These interim regulations address the pay entitlements of Federal 
    employees during one of these extended assignments and make related 
    clarifying changes. Certain Federal employee pay entitlements--e.g., 
    locality pay and nonforeign area cost-of-living allowances--are linked 
    to an employee's official duty station (sometimes referred to as the 
    ``permanent'' duty station). The official duty station is defined as 
    the duty station for the employee's position of record as documented on 
    his or her most recent notification of personnel action. To ensure 
    consistent and equitable treatment of employees, these regulations 
    provide that the employee's temporary duty station in connection with 
    an extended assignment under 5 U.S.C. 5737 must be considered the 
    employee's official duty station for purposes of certain pay programs 
    regulated by OPM. In other words, the employee's position and duty 
    station associated with the extended assignment must be documented by 
    personnel action as the position of record and official duty station 
    for specified pay purposes. Agencies should follow instructions in 
    OPM's Guide to Processing Personnel Actions when documenting the 
    employee's personnel records. Agency remarks should be used where 
    necessary to distinguish the time limitation of the assignment.
    
    Details Versus Assignments
    
        Previously, agencies that assigned employees to long-term 
    assignments away from their current official duty stations had two 
    options: (1) Detail the employee to a temporary duty location and pay 
    temporary duty travel allowances in accordance with subchapter I of 
    chapter 57 of title 5, United States Code, or (2) assign the employee, 
    in the interest of the Government, to a new official duty station on an 
    indefinite basis and pay appropriate relocation allowances in 
    accordance with subchapter II of that chapter.
        When an employee is detailed, the employee's official position of 
    record remains the position the employee occupied before the detail, 
    and the employee's official duty station is the duty station associated 
    with that position. If the temporary duty location associated with the 
    detail is away from the employee's official duty station, the employee 
    is entitled to temporary duty travel allowances as provided in 
    subchapter I of chapter 57 of title 5, United States Code. Since the 
    duty station from which the employee is detailed remains the official 
    duty station, his or her pay entitlements would be determined based on 
    that duty station.
        When an employee is assigned to a new position and/or duty station, 
    the position and duty station associated with that assignment 
    constitute the employee's position of record and official duty station. 
    The job assignment generally takes the form of a reassignment, 
    promotion, or demotion (as those terms are defined in 5 CFR 210.102), 
    resulting in a change in the employee's position of record, but which 
    may or may not involve a duty station change. In some cases, the 
    assignment is merely a change in duty station without a change in the 
    position of record. The official duty station associated with the 
    assignment constitutes the official duty station for purposes of 
    determining (1) the employee's entitlements to the full array
    
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    of relocation allowances under subchapter II of chapter 57 of title 5, 
    United States Code, and (2) the employee's entitlements to various 
    forms of location-based payments.
    
    Extended Assignments With a Temporary Change of Duty Station
    
        Section 5737 of title 5, United States Code, now provides agencies 
    a third option--the authority to pay, in lieu of temporary duty travel 
    allowances, a limited set of relocation allowances to employees who are 
    assigned from their current official duty station to a new temporary 
    duty station for an extended period of time (i.e., 6 to 30 months). The 
    limited relocation allowances include payment of travel expenses for 
    the employee and his or her immediate family to and from the assignment 
    location, transportation expenses of the employee's household goods, 
    househunting trip expenses (if appropriate), temporary quarters 
    subsistence expenses (if appropriate), expenses of transporting a 
    privately owned vehicle to and from the new assignment location, 
    expenses of storage of household goods and personal effects, a 
    relocation income tax allowance, expenses of property management 
    services in connection with maintaining a residence at the old duty 
    station as a rental property, and certain other miscellaneous expenses. 
    However, residence transaction allowances, which apply to permanent 
    changes in duty station, are not payable. The General Services 
    Administration (GSA) published Federal Travel Regulation (FTR) (41 CFR 
    chapters 301-304) Amendment 64, Temporary Change of Station, 
    implementing this limited relocation allowance authority on Friday, 
    March 21, 1997. (See 62 FR 13770.) The provisions of FTR Amendment 64 
    became effective on March 22, 1997. Among other things, the GSA 
    regulations clarify that employees who are relocated under 5 U.S.C. 
    5737 to perform an extended assignment are entitled to allowances to 
    cover the costs of moving them back to the last permanent official duty 
    station area, even if they separate from Federal service.
        Section 5737 did not clearly state how the employee's pay 
    entitlements would be affected by the extended assignment to a new duty 
    station. The OPM regulations published in this notice make several 
    changes to ensure that employees on extended assignments who are paid 
    limited relocation allowances under 5 U.S.C. 5737 are paid the 
    appropriate special salary rate, locality payment, law enforcement 
    officer geographic adjustment, and nonforeign area cost-of-living 
    allowance and/or post differential for the temporary duty station 
    associated with the extended assignment.
        As explained in the section titled ``Details Versus Assignments,'' 
    when an employee is temporarily detailed to a new duty location away 
    from his or her official duty station, the employee is entitled to the 
    payment of temporary duty travel allowances and continues to be paid 
    various types of location-based pay based on the position of record and 
    official duty station from which he or she was detailed. In contrast, 
    when an employee receives an extended assignment under 5 U.S.C. 5737, 
    the new duty station associated with the extended assignment is 
    established as the temporary official duty station. Instead of 
    temporary duty travel allowances, the employee is entitled to a limited 
    set of relocation allowances, including many of the same relocation 
    allowances payable to employees assigned to a new official duty station 
    on an indefinite basis. (See subpart C of part 302-1, title 41, Code of 
    Federal Regulations, as added by Federal Travel Regulation Amendment 
    64, referenced above.) Therefore, the interim regulations provide that 
    employees serving on extended assignments under 5 U.S.C. 5737 must be 
    paid various types of location-based pay based on the temporary 
    official duty station--i.e., in the same manner as employees who are 
    officially stationed in that same pay area on an indefinite basis.
        For temporary work in another location expected to last 6 months or 
    more, the employing agency is responsible for determining whether a 
    detail (providing temporary duty travel allowances) or an extended 
    assignment/temporary change of duty station under 5 U.S.C. 5737 
    (providing limited relocation allowances) would be most appropriate, 
    consistent with the criteria in GSA's Federal Travel Regulation. (See 
    subpart D of part 302-1, title 41, Code of Federal Regulations, as 
    added by Federal Travel Regulation Amendment 64, referenced above.) As 
    explained above, employees' pay entitlements would automatically flow 
    from the approach chosen by the employing agency.
        It should be noted that not all temporary assignments involve a 
    change in duty station. In some cases, an employee may be temporarily 
    reassigned or promoted to a new position that is at the same duty 
    station. In these cases, there is no issue as to the payment of 
    relocation allowances, since those allowances only apply when there is 
    a change in duty station. Of course, the duty station for pay purposes 
    would also be unchanged.
        In addition, we note that these regulations deal only with the 
    effect that an extended assignment under 5 U.S.C. 5737 has on an 
    employee's official duty station for purposes of making certain pay 
    determinations. They do not address other personnel rules (e.g., 
    reduction-in-force regulations in 5 CFR part 351).
    
    Regulatory Changes
    
        The interim regulations add a new paragraph to 5 CFR 530.303 that 
    clarifies that an employee is covered by a special salary rate schedule 
    based on the employee's position of record and the official duty 
    station for that position, as documented on the employee's most recent 
    notification of personnel action. The new paragraph also provides that, 
    for special salary rate purposes, when an employee is paid limited 
    relocation allowances under 5 U.S.C. 5737, the employee's position of 
    record and official duty station are the position and duty station 
    associated with the extended assignment. The interim regulations also 
    make a similar change in the definitions of official duty station in 5 
    CFR 531.301 and 531.602 for purposes of paying locality-based 
    comparability payments and law enforcement officer geographic 
    adjustments.
        The interim regulations add a definition of official duty station 
    to 5 CFR 591.201 (consistent with the revised definitions of official 
    duty station in 5 CFR 531.301 and 531.602) for purposes of paying 
    nonforeign area cost-of-living allowances and post differentials and 
    change the term ``permanent duty station'' to ``official duty station'' 
    in 5 CFR 591.210(a) to make these terms consistent with those used in 
    the locality pay regulations. The regulations also make conforming 
    changes in Sec. 591.201 and in paragraphs (b)(1), (c), and (f) of 
    Sec. 591.210.
    
    Waiver of Notice of Proposed Rulemaking and of Delay in Effective 
    Date
    
        Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists 
    for waiving the general notice of proposed rulemaking. Also, pursuant 
    to 5 U.S.C. 553(d)(3), I find that good cause exists to make this rule 
    effective in less than 30 days. As explained in this notice, these 
    regulatory changes are needed to address new situations created by the 
    Federal Employee Travel Reform Act of 1996, which took effect on March 
    22, 1997. The regulations are necessary to ensure that Federal 
    employees are treated equitably and consistently in
    
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    determining their location-based pay entitlements.
    
    Regulatory Flexibility Act
    
        I certify that these regulations will not have a significant 
    economic impact on a substantial number of small entities because they 
    would apply only to Federal agencies and employees.
    
    List of Subjects in 5 CFR Parts 530, 531, and 591
    
        Government employees, Law enforcement officers, Reporting and 
    recordkeeping requirements, Travel and transportation expenses, Wages.
    
    U.S. Office of Personnel Management.
    James B. King,
    Director.
    
        Accordingly, OPM is amending parts 530, 531, and 591 of title 5 of 
    the Code of Federal Regulations as follows:
    
    PART 530--PAY RATES AND SYSTEMS (GENERAL)
    
        1. The authority citation for part 530 continues to read as 
    follows:
    
        Authority: 5 U.S.C. 5305 and 5307; E.O. 12748, 56 FR 4521, 3 
    CFR, 1991 Comp., p. 316;
        Subpart B also issued under secs. 302(c) and 404(c) of the 
    Federal Employees Pay Comparability Act of 1990 (Pub. L. 101-509), 
    104 Stat. 1462 and 1466, respectively;
        Subpart C also issued under sec. 4 of the Performance Management 
    and Recognition System Termination Act of 1993 (Pub. L. 103-89), 107 
    Stat. 981.
    
        2. In Sec. 530.303, a new paragraph (i) is added to read as 
    follows:
    
    
    Sec. 530.303  Establishing and adjusting special salary rate schedules.
    
    * * * * *
        (i) The determination regarding whether an employee is covered by a 
    special salary rate schedule is based on the employee's position of 
    record and the official duty station for that position. For purposes of 
    this subpart, the employee's position of record and corresponding 
    official duty station are the position and station documented on the 
    employee's most recent notification of personnel action. For an 
    employee who is authorized to receive relocation allowances under 5 
    U.S.C. 5737 in connection with an extended assignment, the position and 
    duty station associated with that assignment are the employee's 
    position of record and official duty station.
    
    PART 531--PAY UNDER THE GENERAL SCHEDULE
    
        3. The authority citation for part 531 continues to read as 
    follows:
    
        Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-
    89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p. 
    316;
        Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a), and 
    7701(b)(2);
        Subpart C also issued under 5 U.S.C. 5304, 5305, and 5553; 
    sections 302 and 404 of FEPCA, Pub. L. 101-509, 104 Stat. 1462 and 
    1466; and section 3(7) of Pub. L. 102-378, 106 Stat. 1356;
        Subpart D also issued under 5 U.S.C. 5335(g) and 7701(b)(2);
        Subpart E also issued under 5 U.S.C. 5336;
        Subpart F also issued under 5 U.S.C. 5304, 5305(g)(1), and 5553; 
    and E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682;
        Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553; 
    section 302 of the Federal Employees Pay Comparability Act of 1990 
    (FEPCA), Pub. L. 101-509, 104 Stat. 1462; and E.O. 12786, 56 FR 
    67453, 3 CFR, 1991 Comp., p. 376.
    
        4. In Sec. 531.301, the definition of official duty station is 
    revised to read as follows:
    
    
    Sec. 531.301  Definitions.
    
    * * * * *
        Official duty station means the duty station for the law 
    enforcement officer's position of record as indicated on his or her 
    most recent notification of personnel action. For an employee who is 
    authorized to receive relocation allowances under 5 U.S.C. 5737 in 
    connection with an extended assignment, the temporary duty station 
    associated with that assignment is the employee's official duty 
    station.
    * * * * *
        5. In Sec. 531.602, the definition of official duty station is 
    revised to read as follows:
    
    
    Sec. 531.602  Definitions.
    
    * * * * *
        Official duty station means the duty station for an employee's 
    position of record as indicated on his or her most recent notification 
    of personnel action. For an employee who is authorized to receive 
    relocation allowances under 5 U.S.C. 5737 in connection with an 
    extended assignment, the temporary duty station associated with that 
    assignment is the employee's official duty station.
    * * * * *
    
    PART 591--ALLOWANCES AND DIFFERENTIALS
    
    Subpart B--Cost-of-Living Allowance and Post Differential--
    Nonforeign Areas
    
        6. The authority citation for subpart B of part 591 continues to 
    read as follows:
    
        Authority: 5 U.S.C. 5941; E.O. 10000, 3 CFR, 1943-1948 Comp., p. 
    792; and E.O. 12510, 3 CFR, 1985 Comp., p. 338.
    
        7. In Sec. 591.201, the definitions of date of arrival and date of 
    departure are removed and the definition of official duty station is 
    added in alphabetical order to read as follows:
    
    
    Sec. 591.201  Definitions.
    
    * * * * *
        Official duty station means the duty station for an employee's 
    position of record as indicated on his or her most recent notification 
    of personnel action. For an employee who is authorized to receive 
    relocation allowances under 5 U.S.C. 5737 in connection with an 
    extended assignment, the temporary duty station associated with that 
    assignment is the employee's official duty station.
    * * * * *
        8. In Sec. 591.210, paragraph (a) is amended by removing the word 
    ``permanent'' and adding the word ``official'' in its place; paragraph 
    (c) is amended by removing the words ``a duty station'' and adding the 
    words ``an official duty station'' in their place; paragraph (b)(1) is 
    amended by removing the last sentence and adding a new sentence in its 
    place; and paragraph (f) is revised to read as follows:
    
    
    Sec. 591.210  Payment of allowances and differentials.
    
    * * * * *
        (b)(1) * * * Allowances and differentials that an employee is 
    receiving in accordance with this subpart at the time of separation or 
    death shall be included in any lump-sum payment for accumulated and 
    current accrued annual leave issued under sections 5551 or 5552 of 
    title 5, United States Code.
    * * * * *
        (f) Payment of an allowance or differential will begin on the 
    effective date of the change in the employee's official duty station to 
    a duty station within the allowance or differential area or on the 
    effective date of the appointment in the case of local recruitment. 
    Payment of an allowance or differential will cease upon separation or 
    on the effective date of an assignment or transfer to a new official 
    duty station outside the allowance or differential area.
    
    [FR Doc. 97-12089 Filed 5-8-97; 8:45 am]
    BILLING CODE 6325-01-P
    
    
    

Document Information

Effective Date:
5/9/1997
Published:
05/09/1997
Department:
Personnel Management Office
Entry Type:
Rule
Action:
Interim rule with request for comments.
Document Number:
97-12089
Dates:
These regulations are effective on May 9, 1997. Comments must be received on or before July 8, 1997.
Pages:
25423-25425 (3 pages)
PDF File:
97-12089.pdf
CFR: (5)
5 CFR 530.303
5 CFR 531.301
5 CFR 531.602
5 CFR 591.201
5 CFR 591.210