Document Sample
                       THE HEALTH SCIENCES

               SUBJECT: Employment of Civil Service and
                        Military Retirees

                                     Instruction 1419                   MAY 24 1999



       This Instruction implements Department of Defense (DoD) policies and Office of
Personnel Management (OPM) guidance on the employment of civil service and Armed
Forces retirees. It also outlines the responsibilities of the Uniformed Services University of
the Health Sciences (USUHS) managers in respect to this program.

A. Reissuance and' Purpose. This                       system principle of open competition to
Instruction reissues USUHS Instruction                 avoid both the practice and appearance of
1419a and updates the USUHS policies and               preferential treatment. This is essential to
procedures for the appointment of civil                protect retired members from any
service and Armed Forces retirees.                     unwarranted allegations that they may have
                                                       gained their positions through influence
B. References. See Enclosure 1.                        based upon prior military service;

c. Applicability. This Instruction is                       3. That in accordance with DoD
applicable to all civilian positions of the            Directive 1402.1 c, the Secretary of Defense
USUHS.                                                 has delegated the authority to approve the
                                                       appointment of a retired member of the
D. Policy. It is USUHS policy:                         Armed Forces to a position in the Federal
    1. To ensure the appointment of fully              service, during the 180 days after
qualified employees, generally the "best               retirement, to the heads of DoD
qualified" under consideration,                        Components. After 180 days, no waiver or
consistent with the provisions of Title 5,             approval is required;
USC, Chapter 33, Section 3326b ;
                                                            4. That when appropriate, the USUHS
    2. That retired members of the Armed               may request OPM approval of an
Forces have the right to seek and be                   exemption from reduction in retired pay for
considered for Federal civilian employ-                civil service or Armed Forces retirees
ment. Consideration must be extended                   employed by or under consideration for
equitably and in compliance with the merit             employment by the USUHS in the
                                                       following instances:
        a. Under provisions of Title 10,         3326b• In addition, the USUHS will ensure
USC, Chapter 104, Sectio'n 2113(f)(2)d, the      that each action to employ retired members
Secretary of Defense may exempt a total of       meets the requirements of Title 5, USC,
five Armed Forces retirees from loss of          Chapter 33, Section 3326b•
retired pay, which authority has been
delegated to the President, USUHS.               E. Responsibilities.
According to Title 10, USC, Chapter 104,              1. The President, USUHS shall:
Section 2113(f)(2)d, "The Secretary of                   a. Review and approve all requests
Defense may exempt, at any time, a               for employment of retired members of the
physician who is a member of the faculty         Armed Forces during the 180 day period
from the restrictions in subsections (a), (b),   following their retirement;
and (c) of section 5532 of Title 5, if the               b. Review all requests for waiver
Secretary of Defense determines that such        of dual compensation regulations for re-
exemption is necessary to recruit or retain      tired members of the Armed Services; and
well-qualified physicians for the faculty of             c. Forward to the Assistant
the University. An exemption granted             Secretary of Defense (Health Affairs),-
under this paragraph shall terminate upon        requests for dual compensation exemptions
any break in employment with the USUHS           of retired members of the Armed Forces
by a physician of three days or more. An         under Title 10, USC, Chapter 104, Section
exemption granted under this paragraph to        2113(f)(2)d.
a person shall apply to the retired pay of
such person beginning with the first month            2. Department Chairs and Activity
after the month in which the exemption is        Heads shall:
granted. Not more than five exemptions                   a. Prepare and forward to Civilian
may be in effect under this paragraph at         Human Resources (CHR) documentation in
any time."; and                                  support of requests for 180-day waivers for
        b. 5 CFR, Part 553 e allows              prospective employees who are Armed
agencies to request exemption from loss in       Forces retirees when less than 180 days has
annuity or retired pay for civil service or      elapsed since retirement. See Enclosure 2
Armed Forces retirees when such                  for the information required; and
employment is needed to meet exceptional                 b. Coordinate with CHR to request
difficulty in recruiting or retaining            and document requests for waivers of dual
qualified candidates for particular positions    compensation for prospective or current
or under other unusual circumstances. The        employees in their organization. See
USUHS would request such an exemption            Enclosure 3 for information required.
through the Assistant Secretary of Defense
for Health Affairs and the Director,                  3. The Director, Civilian Human
Administration and Management, OSD, to           Resources shall:
the Office of the Personnel Management.                  a. Provide advice and assistance to
                                                 supervisors, managers, and retired or
     5. That in the employment of retired        prospective retired civil service employees
members of the Armed Forces, the USUHS           or Armed Forces retirees in regard to
will follow the policies and principles          provisions and requirements outlined in this
stated in Title 5, USC, Chapter 33, Section      Instruction;

USUHS Instruction 1419, 5/99                                                               2
        b. Ensure that DoD principles are      for administering the member's retired or
adhered to in the consideration of Armed       retainer pay as appropriate. Notification is
Forces retirees for appointment to Federal     done by letter for civil service retirees and
civilian positions;                            by submission of the Notification of
        c. Ensure that all documentation       Personnel Action, Standard Form 50 for
required for the employment of Armed           Armed Forces retirees. For Armed Forces
Forces retirees is completed and that all      retirees such notification is required under
required records are complete and available    Title 5, Chapter 55, Section 5532 f which
for review. At a minimum, documentation        may require reduction in retired or retainer
for I80-day waivers will include the           pay; and
information outlined in Enclosure 2.                   g. Finalize and forward through
Documentation will be retained for two         DoD all documentation required for the
years from the date of the appointment         OPM waiver of reduction in retired or
action;                                        retainer payor annuity.
        d. Forward to the President,
USUHS, for review and approval, all                4. Applicants who are civil service or
waiver requests for employment of Armed        military retirees shall:
Forces retirees during the I80-day period              a. Provide accurate and current
following their retirement;                    information regarding their retired status
        e. Make reasonable efforts to          and annuity or retirement pay upon
include applicants from all possible sources   request; and
in vacancy requirements;                               b. Provide all information regard-
        f. Report employment of all civil      ing their professional qualifications and
service and Armed Forces retirees to OPM       work experience upon request.
and the military retired center responsible

1. References
2. Information to Accompany Requests for Approval of Proposed Appointments of Retired
    Members of the Armed Forces During the 180 Day Period Following Retirement
3. Information to Accompany Requests for Approval of Exemption From Reduction in
    Annuity or Retired Pay

USUHS Instruction 1419, 5/99                                                                3
                                                                           Enclosure 1


(a) USUHS Instruction' 1419,                 (e) 5 Code of Federal Regulations, Part
    "Employment of Retired Civil Service         553, "Reemployment of Military and
    and Military Retirees," dated                Civilian Retirees to Meet Exceptional
    September 28, 1993                           Employment Needs"

(b) Title 5, United States Code, Chapter     (f) Title 5, United States Code, Chapter
    33, Section 3326, "Appointments of           55, Section 5532, "Employment of
    Retired Members of the Armed Forces          Retired Members of the Uniformed
    to Positions in the Department of            Services; Reduction in Retired or
    Defense"                                     Retainer Pay"

(c) DoD Directive 1402.1, "Employment
    of Retired Members of the Armed
    Forces," dated January 21, 1982

(d) Title 10, United States Code, Chapter
    104, Section 2113(f)(2),
    "Administration of University"

USUHS Instruction 1419, 5/99
                                                                               Enclosure 2


1. Information About the Proposed              3. Consideration of Career Employees.
Appointee:                                     To ensure that full consideration was given
     a. The effective date (YYMMDD) of         to eligible career employees in
retirement from the Uniformed Services;        accordance with placement and promotion
     b. Rank at the time of retirement;        procedures of the DoD Component
     c. Pay grade and the Uniformed            concerned, the following information shall
Service at the time of retirement; whether     be included:
regular or non-regular; and                         a. A copy of any notices used to
     d. A current application for federal      publicize the vacancy to interested career
employment completed by the proposed           employees; .
appointee.                                          b. Documentation on how the
                                               proposed appointee is superior to all
2. Information About the Position              qualified employees given consideration;
Involved:                                      and
     a. Date (YYMMDD) the position was              c. A statement as to whether the
established;                                   appropriate placement and promotion
     b. Date (YYMMDD) it was last              procedures were followed; if not, the
occupied;                                      reasons therefore.
     c. Whether the position was converted
from military to civilian status;              4. Appointments From a Civil Service
     d. Date (YYMMDD) of conversion (if        Register. When the proposed appointee
converted);                                    has eligibility on an appropriate civil
     e. Reason for conversion;                 service register and has been reached for
     f. Whether the proposed appointee         appointment, the following additional
was the last military occupant;                information shall be provided:
     g. A current position description;             a. A copy of the certificate of eligibles
     h. Whether the position is continuing     on which the proposed appointee's name
or temporary;                                  appears. The examination announcement
     i. A copy of the qualification standard   under which the proposed appointee filed
covering the position (alternatively,          shall be identified if it is not included on
reference may be made to OPM Standards         the certificate itself;
when applied without modification); and             b. A copy of the request for the
     j. Whether efforts to fill the position   certificate, including selective factors and
have been continuous since it became           names of nominees if selective certification
vacant; if not, the reasons therefore.         or name request was involved; and

USUHS Instruction 1419, 5/99
                                                                             Enclosure 2

    c. A statement as to how the proposed         b. If temporary appointment pending
appointee is superior to any eligibles       establishment of register authority has been
standing higher on the certificate.          secured, a copy of the request for a
                                             certificate of eligibles, including selective
5. Appointment From Other Than a Civil       factors and. a copy of the authority; and
Service Register. When it is proposed to          c. If any positive recruiting efforts
appoint a retired member from other than a   were made to seek out applicants for the
civil service register, the following        position, the methods used (including
additional information shall be provided:    specific dates and places), copies of any
     a. Under what authority (OPM            notices publicizing the vacancy, and any
regulation) the retired member will be       contacts with recruiting sources.

USUHS Instruction 1419, 5/99                                                             2
                                                                                Enclosure 3

                        ANNUITY OR RETIRED PAY

1. For waiver of reduction in retired or        2. Exceptions may be appropriate when
retainer pay, documentation must support        an agency needs to retain the
the existence of exceptional difficulty in      services of a particular individual
recruiting or retaining a qualified candidate   who is uniquely qualified for an ongoing
for a particular position. All requests         project. Requests for such exceptions must
must:                                           address the following criteria:
     a. Identify the individual for whom             a. The critical nature of the project to
the exception is requested;                     include the importance of the project to the
     b. Identify the appointing authority to    agency mission, the potential cost of
be used;                                        project failure or delay, legislative or
     c. Identify the position to which          Presidential deadlines, if any, and other
he/she will be appointed;                       factors demonstrating the proj ect is
     d. Describe the length, breadth, and       unusually critical;
results of the agency's recruiting efforts;          b. The candidate's unique qualifi-
and                                             cations to include a description of the
     e. Include any other factors               knowledge, skills, and abilities possessed
demonstrating that a legitimate recruiting      by the individual that are essential for the
need cannot be met without the requested        successful completion of the project;
waiver. These factors may include, but are           c. The need for retention showing
not limited to, unusual qualification           good cause to believe that the employee
requirements or working conditions,             will retire or resign from the position and
possibility of job reengineering or             the agency will lose his/her services if the
contracting, or a need to fill the position     exception is not granted; and
without further delay.                               d. The consideration of other staffing
                                                options (Le., why the work could not be
                                                reassigned to other employees).

USUHS Instruction 1419, 5/99