[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34713-34714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16942]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules
and Regulations
[[Page 34713]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 530, 531, 534, 550, 575, 581, 582, and 630
RIN 3206-AH09
Pay Under the General Schedule; Termination of Interim Geographic
Adjustments
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management is issuing final
regulations to implement the termination of interim geographic
adjustments (IGA's) payable to certain Federal employees. The IGA's
were terminated because the locality-based comparability payments the
President authorized for January 1996 exceeded 8 percent in both of the
two remaining IGA areas (New York-Northern New Jersey-Long Island, NY-
NJ-CT-PA, and Los Angeles-Riverside-Orange County, CA).
EFFECTIVE DATE: August 2, 1996.
FOR FURTHER INFORMATION CONTACT:
Jeanne D. Jacobson, (202) 606-2858 or FAX: (202) 606-0824.
SUPPLEMENTARY INFORMATION: On February 1, 1996, the Office of Personnel
Management (OPM) published interim regulations (61 FR 3539) to
implement the termination of IGA's. IGA's were terminated because the
locality-based comparability payments the President authorized for
January 1996 exceeded 8 percent in both of the two remaining IGA areas
(New York-Northern New Jersey-Long Island, NY-NJ-CT-PA, and Los
Angeles-Riverside-Orange County, CA).
The President's alternative pay plan of August 31, 1995, provided
an 8.05-percent comparability payment for the New York-Northern New
Jersey-Long Island, NY-NJ-CT-PA, locality pay area and an 8.15-percent
comparability payment for the Los Angeles-Riverside-Orange County, CA,
locality pay area for 1996. Since the comparability payments exceeded
the 8-percent IGA previously established for these areas, the
President's Executive Order 12984 of December 28, 1995, included no IGA
pay schedules. This had the effect of terminating the IGA's for the New
York and Los Angeles IGA areas. (Executive Order 12944 of December 29,
1994, previously terminated IGA's for the San Francisco-Oakland-San
Jose, CA IGA area because the comparability payment for that area
exceeded 8 percent in January 1995.)
As a result of the termination of IGA's, the interim rule removed 5
CFR part 531, subpart A, ``Interim Geographic Adjustments.'' However,
because some employees in the former IGA areas will continue to receive
``continued rates of pay'' (a form of saved pay established in January
1994 for employees who previously received an IGA on top of a worldwide
or nationwide special rate), the provisions previously found in subpart
A concerning the administration of continued rates of pay were retained
in a new subpart G of part 531. The interim regulations also made
conforming changes in other parts of the regulations to reflect the
termination of IGA's.
The 60-day comment period for the interim regulations ended on
April 1, 1996. OPM received comments by telephone from one agency
asking for clarification of 5 CFR 531.703(i). Section 531.703(i)
provides that an employee's entitlement to a continued rate of pay is
not affected by a temporary promotion or temporary reassignment. The
agency felt this provision could be interpreted incorrectly to provide
entitlement to continued pay during temporary promotions or
reassignments when such assignments involve one of the actions that
ordinarily terminate continued pay, such as when an employee's official
duty station is no longer located in one of the IGA areas. OPM agrees.
We have revised 5 CFR 531.703(i) in the final regulations to
provide that an employee's entitlement to a continued rate of pay is
not affected by a temporary promotion or temporary reassignment, unless
such assignments cause one of the conditions in 5 CFR 531.703(g) to be
satisfied. In such situations, the continued rate is suspended during
the temporary promotion or reassignment. The employee's entitlement to
the continued rate resumes as if never interrupted upon return to his
or her permanent position, as long as the employee is otherwise
eligible to receive that rate. A continued rate that is resumed must
include any pay adjustments authorized for the permanent position
during the period of the temporary promotion or reassignment, as
provided in 5 CFR 531.703(e).
This revision is the only change being made in the interim
regulations. All other provisions of the interim regulations are
adopted as final.
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 apply only to Federal agencies and employees.
List of Subjects in 5 CFR Parts 530, 531, 534, 550, 575, 581, 582,
and 630
Administrative practice and procedure, Alimony, Child support,
Claims, Government employees, Hospitals, Law enforcement officers,
Reporting and recordkeeping requirements, Students, and Wages.
Office of Personnel Management.
James B. King,
Director.
Accordingly, the interim rule amending parts 530, 531, 534, 550,
575, 581, 582, and 630 of title 5, Code of Federal Regulations, which
was published at 61 FR 3539 on February 1, 1996, is adopted as final
with the following change:
PART 531--PAY UNDER THE GENERAL SCHEDULE
1. 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;
[[Page 34714]]
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.
Subpart G--Continued Rates of Pay
2. In Sec. 531.703, paragraph (i) is revised to read as follows:
Sec. 531.703 Administration of continued rates of pay.
* * * * *
(i) An employee's entitlement to a continued rate of pay is not
affected by a temporary promotion or temporary reassignment, except
that a continued rate shall be suspended when a temporary promotion or
reassignment causes one of the conditions in paragraph (g) of this
section to be satisfied. In such situations, an employee's entitlement
to continued pay will resume as if never interrupted upon return to the
permanent position, subject to the requirements of this subpart. A
continued rate that is resumed shall include any pay adjustments that
were authorized for the permanent position under paragraph (e) of this
section during the period of the temporary promotion or reassignment.
[FR Doc. 96-16942 Filed 7-2-96; 8:45 am]
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