[Federal Register Volume 60, Number 147 (Tuesday, August 1, 1995)]
[Rules and Regulations]
[Page 39101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18709]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / Rules
and Regulations
[[Page 39101]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 316
RIN 3206-AG 62
Bringing Nonpermanent Excepted Positions Into the Competitive
Service
AGENCY: Office of Personnel Management.
ACTION: Final regulations.
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SUMMARY: The Office of Personnel Management (OPM) is revising its
regulations governing retention of employees whose excepted positions
are brought into the competitive service to permit the employees to
receive term appointments if their excepted appointments had time
limits longer than 1 year. This will avoid hardship to the employees,
who could otherwise be retained only as temporary employees without
benefits.
EFFECTIVE DATE: August 31, 1995.
FOR FURTHER INFORMATION CONTACT:
Tracy E. Spencer, (202) 606-0830, or fax (202) 606-0390.
SUPPLEMENTARY INFORMATION: Civil Service Rule III (5 CFR 3.1)
authorizes OPM to prescribe conditions under which ``a person who
occupies a permanent position when it is placed in the competitive
service * * * or is otherwise made subject to competitive examination''
may acquire a competitive status. OPM's regulations implementing this
authority are found in 5 CFR 315.701, 316.701, and 316.702.
Currently, those regulations permit nonpermanent employees whose
positions are brought into the competitive service to be retained only
under temporary appointments limited to 1 year or less. However, some
nonpermanent excepted appointments are more comparable to term
appointments, i.e., they are made for periods longer than 1 year and
confer eligibility for within-grade increases, promotions and
reassignments, and retirement and insurance benefits.
On April 7, 1995 (60 FR 17655), we proposed regulations to permit
employees holding such appointments to receive noncompetitive term
appointments if their positions are brought into the competitive
service. We received no substantive comments on the proposed
regulations and are adopting them as final regulations with no change.
The regulations also make editorial changes and remove obsolete
references to the Federal Personnel Manual.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities (including
small businesses, small organizational units, and small governmental
jurisdictions) because they apply only to Federal employees.
List of Subjects in 5 CFR Part 316
Government employees.
Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM is amending 5 CFR part 316 as follows:
PART 316--TEMPORARY AND TERM EMPLOYMENT
1. The authority citation for part 316 continues to read as
follows:
Authority: 5 U.S.C. 3301, 3302, and E.O. 10577 (3 CFR 1954-1958
Comp., p. 218); Sec. 316.302 also issued under 5 U.S.C. 3304(c), 38
U.S.C. 2014, and E.O. 12362, as revised by E.O. 12585; Sec. 316.402
also issued under 5 U.S.C. 3304(c) and 3312, 22 U.S.C. 2506 (93
Stat. 371), E.O. 12137, 38 U.S.C. 2014, and E.O. 12362, as revised
by E.O. 12585 and E.O. 12721.
2. In Sec. 316.701, paragraph (c) is revised to read as follows:
Sec. 316.701 Public or private enterprise taken over by the
Government.
* * * * *
(c) An agency may retain an employee under paragraph (a) of this
section in a position that it determines is noncontinuing under a
temporary appointment. That appointment may be made for a period not to
exceed 1 year and will be subject to the time limits set out in
Sec. 316.402.
3. In Sec. 316.702, paragraphs (b)(1) and (c) are revised and a new
paragraph (d) is added to read as follows:
Sec. 316.702 Excepted positions brought into the competitive service.
* * * * *
(b)(1) When an agency retains an employee under paragraph (a) of
this section who was serving in an excepted position under an
indefinite appointment or an appointment without time limit, the agency
may convert that employee's appointment to career or career-conditional
under Sec. 315-701.
* * * * *
(c) An employee who was serving under an excepted appointment
limited to 1 year or less may be retained as a temporary employee under
paragraph (a) of this section until the scheduled expiration date of
the employee's excepted appointment. Extension of the employee's
temporary appointment beyond that date will be subject to the
provisions of Sec. 316.402.
(d) An employee who was serving under an excepted appointment with
a definite time limit longer than 1 year may be retained under a term
appointment. The appointment will be subject to all conditions
generally applicable to term appointments and may be extended up to the
maximum limit for term appointments established under Sec. 316.301.
Service under the employee's excepted appointment counts against the
maximum limit for the term appointment.
[FR Doc. 95-18709 Filed 7-31-95; 8:45 am]
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