[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Rules and Regulations]
[Pages 63049-63050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25848]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 67, No. 197 / Thursday, October 10, 2002 /
Rules and Regulations
[[Page 63049]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 534
RIN 3206-AJ47
Basic Pay for Employees of Temporary Organizations
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management is issuing final
regulations on setting pay for employees of temporary organizations
established by law or Executive order. These regulations will enable
agencies to determine the rate of basic pay and locality payments for
employees of temporary organizations.
EFFECTIVE DATE: The regulations are effective on November 12, 2002.
FOR FURTHER INFORMATION CONTACT: David Sweeney, (202) 606-2858, FAX:
(202) 606-0824, or email: [email protected].
SUPPLEMENTARY INFORMATION: On January 25, 2002, the Office of Personnel
Management (OPM) issued interim regulations on compensation for
employees of temporary organizations established by law or Executive
order. (See 67 FR 3581.) Section 1101 of the Floyd D. Spence National
Defense Authorization Act for fiscal year 2001 (Public Law 106-398,
October 30, 2000), added a new subchapter IV to chapter 31 of title 5,
United States Code. Subchapter IV provides OPM with authority to
establish regulations to determine the rate of basic pay for employees
of temporary organizations without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code.
(See 5 U.S.C. 3161 (d).) The 60-day comment period for the interim
regulations ended on March 26, 2002. We received no comments from
either agencies or individuals. However, we are revising Sec. Sec.
534.301 and 534.302 concerning the purpose and coverage of these
regulations to improve readability and reduce redundancy. We are also
revising Sec. 534.304(b) to clarify that the cap on locality-adjusted
rates of basic pay for employees in staff and other non-executive level
positions is the rate for level IV of the Executive Schedule. This is
consistent with the cap on locality rates for General Schedule
employees. Other than these changes, we are adopting as final the
interim rules for agencies to administer the basic pay rates for
employees of temporary organizations under 5 U.S.C. part 534, subpart
C. The final regulations do not apply to temporary organizations
established prior to October 30, 2000.
Consistent with 5 U.S.C. 3161(d), Sec. 534.303 of these final
regulations provides that the rate of basic pay for executive level
positions of a temporary organization may not exceed the maximum rate
of basic pay established for the Senior Executive Service (SES) under 5
U.S.C. 5382. Employees in executive level positions must be paid
locality payments under 5 U.S.C. 5304 in addition to basic pay, not to
exceed the rate for level III of the Executive Schedule. Section
534.304 provides that the rate of basic pay for staff or other non-
executive level positions in a temporary organization may not exceed
the maximum rate of basic pay for GS-15 under 5 U.S.C. 5332. However,
Sec. 534.304(c) provides that the rate of basic pay for a senior staff
position of a temporary organization may, in a case determined by the
head of the temporary organization to be exceptional, exceed the
maximum rate of basic pay for GS-15, but may not exceed the maximum
rate of basic pay for the SES. As previously stated, staff and other
non-executive positions also must be paid locality payments under 5
U.S.C. 5304, not to exceed the rate for level IV of the Executive
Schedule.
In setting rates of basic pay for staff and other non-executive
level positions, consideration should be given to the significance,
scope, and technical complexity of the position and the qualifications
required for the work involved. (See Sec. 534.304 (a)(2).) This is
consistent with a parallel requirement established under regulations
issued by General Services Administration for setting basic pay for
advisory committee members and staff under the Federal Advisory
Committee Act. (See 41 CFR 102-3.130.)
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
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 Part 534
Government employees, Hospitals, Students, Wages.
Office of Personnel Management.
Kay Coles James,
Director.
Accordingly, the Office of Personnel Management is adopting the
interim rule amending part 534 of title 5 of the Code of Federal
Regulations which was published at 67 FR 3581 on January 25, 2002, as
final with the following changes:
PART 534--PAY UNDER OTHER SYSTEMS
1.The authority citation for part 534 continues to read as follows:
Authority: 5 U.S.C. 1104, 3161(d), 5307, 5351, 5352, 5353, 5376,
5383, 5384, 5385, 5541, and 5550a.
2. Sections 534.301 and 534.302 are revised to read as follows:
Subpart C--Basic Pay for Employees of Temporary Organizations
Sec. 534.301 Purpose.
This subpart provides rules for determining the rate of basic pay
and locality-adjusted rate of basic pay for employees who are appointed
to positions in temporary organizations and compensated under 5 U.S.C.
3161. Such temporary organizations are established by law or Executive
order. This subpart does not provide authority to establish other forms
of compensation and benefits not authorized by title 5, United States
Code, or another specific statutory authority.
[[Page 63050]]
Sec. 534.302 Coverage.
This subpart applies to employees in executive level and staff
positions in temporary organizations. Such employees are not subject to
the provisions applicable to General Schedule employees covered by
chapter 51 and subchapter III of chapter 53 of title 5, United States
Code.
3. Paragraph (b) of Sec. 534.304 is revised to read as follows:
Sec. 534.304 Basic pay for staff positions.
* * * * *
(b) Employees in staff and other non-executive level positions of
temporary organizations must be paid locality payments in addition to
basic pay in the same manner as employees covered by 5 U.S.C. 5304.
Locality-adjusted rates of basic pay may not exceed the locality-
adjusted rate of basic pay for grade GS-15 of the General Schedule
under 5 U.S.C. 5304, for the locality pay area involved (not to exceed
the rate for level IV of the Executive Schedule).
* * * * *
[FR Doc. 02-25848 Filed 10-9-02; 8:45 am]
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