FEDweek Issue: Wednesday, September 15, 2004
 
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Brand New
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Briefing http://fedweek.sparklist.com/t/294944050/821888/32/0/ 
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In This Week's Issue
1. Raise Issue Before House, Senate
2. Federal Employees Receive Insurance Refund Checks
http://fedweek.sparklist.com/t/294944050/821888/303/0/
3. Congress Remains Skeptical on Pay-for-Performance 
4. NSPS Nomination Process Underway
5. Options Paper on NSPS Released
http://fedweek.sparklist.com/t/294944050/821888/4/0/ 
6. Unions Seek Continuation of DHS Talks
7. Experts' View: The FEGLI Open Season
http://fedweek.sparklist.com/t/294944050/821888/304/0/
8. F Fund Leads Monthly Returns
9. Conversion Rule Applies to Open Season Choice
10. Federal Legal Corner: Retaliatory Job Reference Is 
Illegal, Even If Employee Wouldn't Have Gotten the Job.
http://fedweek.sparklist.com/t/294944050/821888/299/0/
11. The Complete Guide to Writing a Federal Resume Just 
Published--
http://fedweek.sparklist.com/t/294944050/821888/1/0/ 
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1. Raise Issue Before House, Senate
The House at any time could take up the Transportation-
Treasury spending bill for fiscal 2005 that contains 
language setting the January 2005 federal raise at 3.5 
percent. The Senate Appropriations Committee meanwhile 
has started drafting its version of a counterpart bill. 
However, working time is tight before Congress hopes to 
break for the elections in early October--possibly to 
return for a post-election lame-duck session--and the 
measure may end up as part of a catchall spending bill, 
or a series of them, needed to keep the government funded 
in the fiscal year that starts October 1, since it 
appears that few of the regular appropriations bills will 
be enacted by then. The White House's recommendation of 
a 1.5 percent raise, made earlier this year, remains the 
administration's official position since President Bush 
did not use an opportunity in August to recommend an 
alternative figure. Congress so far has not addressed how 
much of the raise would be paid across-the-board and how 
much would be divided up as locality pay for general 
schedule employees; the House measure, though, does 
specify that blue-collar employees would get at least the
amounts paid to GS employees in their localities.
 
2. Federal Employees Receive Insurance Refund Checks
This week civilian federal employees who have life 
insurance coverage through WAEPA 
http://fedweek.sparklist.com/t/294944050/821888/303/0/  will be 
receiving a refund check equal to 25% of their annual 
premium. This is nothing new to those federal employees 
with WAEPA life insurance, as this is the eighth refund 
in the past nine years. Since 1996 WAEPA members have 
received over $19,000,000 in refunds, and in fact, if 
you had WAEPA coverage since 1996 you would have received 
refunds equal to twenty-one months of premium payments! 
That's almost two years of life insurance coverage at no 
cost!
 
This impressive history of giving back to the federal 
community is only one of the benefits of life insurance 
from WAEPA. Here are just a few other examples:
 
More Coverage Options for you the Civilian Federal or 
Postal Service Employee. WAEPA offers coverage from  
$25,000 up to $500,000 (FEGLI is based on your annual 
salary).  
 
More Coverage Options for your Dependents. WAEPA 
offers dependent spouse  coverage from $10,000 up to 
$250,000 (the FEGLI maximum is $25,000).  Also, domestic 
partners of civilian federal and postal service 
employees are now eligible for WAEPA's dependent 
program. (Domestic partners are not eligible under 
FEGLI Option C).
 
Lower Premium Rates. Civilian federal and postal service 
employees less than age 60 will find WAEPA's premium 
rates to be significantly less than FEGLI Basic, FEGLI 
Option A, and FEGLI Option B. Likewise, WAEPA's premiums
for dependent coverage are also significantly less than 
FEGLI Option C.
 
Unique Benefits Not Available Under FEGLI. Your 
non-dependent adult children can become eligible for 
WAEPA coverage  - even though they are not federal 
employees. For them to become eligible, you the 
civilian federal or postal service employee must 
become a member of WAEPA.
 
It is easy for you to join WAEPA -- all you have to do 
is pay a one-time $2.00 membership fee -- you are not 
required to purchase any WAEPA insurance. Then your 
non-dependent adult children are automatically eligible 
to apply for WAEPA coverage from $25,000 up to 
$500,000. Just imagine your 24-year-old son or daughter 
could have $25,000 of coverage through WAEPA at a cost 
of only $12.00 per year!
 
Serving Those Who Have Served. As a non-profit 
association, WAEPA's mission is to serve the needs of 
civilian federal and postal service employees. 
Additionally, WAEPA is governed by a Board of Directors 
composed of federal employees who serve on a voluntary 
basis without pay. WAEPA was founded in 1943 by federal 
employees just like you - eleven years before the FEGLI 
program was formed. Also, besides affordable life 
insurance, WAEPA also offers an attractive long-term care 
program.
 
If you currently have life insurance through WAEPA, enjoy 
your 25% premium refund check. We can't promise you a 
refund every year, but we do promise to offer you the most 
attractive insurance programs possible, and will continue 
to service your needs with respect and dignity. 
 
If you did not receive a refund check from WAEPA this week, 
we urge you to consider WAEPA as you review your family's 
insurance needs during the current Federal Life Open Season.
 
To learn more about WAEPA and the unique benefits it offers, 
please visit the WAEPA web-site http://fedweek.sparklist.com/t/294944050/821888/306/0/ 
or call toll 
free 1 (800) 368-3484 to speak with a customer service 
representative. (WAEPA does not use insurance agents or 
telemarketing firms). You can also e-mail your questions 
to [EMAIL PROTECTED] 
 
Once again, WAEPA -- serving those who have served! 
 http://fedweek.sparklist.com/t/294944050/821888/303/0/

3. Congress Remains Skeptical on Pay-for-Performance 
Barring a last-minute change of direction, it appears that 
Congress once again will provide only a token sum for the 
federal pay-for-performance fund, one of the administration's 
major compensation initiatives. The White House for two years 
running has sought $300 million for a "human capital 
performance fund" and while Congress last year authorized 
such a fund, it allocated only $1 million for the current 
fiscal year. The House Transportation-Treasury bill for 
fiscal 2005 would allot only $16.5 million in the upcoming 
fiscal year, an amount that itself was shaved in committee 
action from $21 million. Committee language further would 
require the Office of Personnel Management to report on any 
agency performance plans that have been approved for payouts 
and would bar any actual payouts from the fund without 
congressional approval. The measure also would require that 
employees of two major agencies considering pay-
for-performance as part of personnel overhauls--the Defense 
and Homeland Security departments--must give their employees 
the same January 2005 raises as other agencies. That is 
largely a moot point for the upcoming raise since those 
agencies won't be ready to begin pay-for-performance that 
soon, but it could set a precedent for future years.
 
4. NSPS Nomination Process Underway
The Defense Department has started the process of identifying 
which components will be in the first phase of its new 
"national security personnel system," which will feature pay 
banding, pay-for-performance and numerous other changes in 
personnel rules at DoD. The agency continues to draft proposed 
rules which it expects to come out around the end of the year, 
with final rules months later. DoD expects the first 
phase--which it is dubbing "spiral one"--to begin in July 2005. 
DoD components have been told to make recommendations for 
organizations that in effect will serve as a pilot project for 
broader implementation over several years. Factors to be 
considered in the final selection will include organizational 
size, complexity, mission, infrastructure, resources, 
workforce adaptability and demonstrated acceptance and readiness 
for change. The organization's strategic framework will also 
be reviewed to determine whether human resources management 
goals, objectives, metrics are in place and aligned with 
organization's strategic plan, DoD has said. The Navy has 
been the most vocal of the military services in saying it 
wants in on the first phase. Top Pentagon officials are 
expected to announce later this year which organizations will 
be the early adopters.
 
5. Options Paper on NSPS Released
DoD has published an options paper on the NSPS that lays out 
many of the potential changes in personnel policies that DoD 
is considering, including market-based pay, revised job 
classification and hiring authorities, and greater ability 
to reward employees in certain circumstances. DoD stressed 
that the options are not final or binding but merely on the 
table for consideration as it continues the process that 
culminate in proposed rules late. Nor is the paper 
comprehensive, since it doesn't address some of the thornier 
issues including employee appeal rights and union 
representation and bargaining rights. For a closer look at 
the paper, go to http://fedweek.sparklist.com/t/294944050/821888/4/0/ 
in the hot free info section of our website.
 
6. Unions Seek Continuation of DHS Talks
Meanwhile, the two largest unions representing Department of 
Homeland Security employees, the American Federation of 
Government Employees and the National Treasury Employees 
Union, want to restart meetings with DHS and Office of 
Personnel Management officials on plans for the new personnel 
system there. Like DoD, DHS expects to issue rules later 
this year on issues ranging from compensation to union 
rights, although in the case of DHS the rules would be final, 
since proposed rules were issued earlier this year. The two 
sides had been in talks overseen by the Federal Mediation 
and Conciliation Service and the unions contend that a 
package deal was close--even though no agreements had been 
reached on major issues such as the scope of bargaining, 
employee appeals rights and the compensation system--when 
the management side ended its participation. They are asking 
members of Congress to pressure the administration to resume 
the talks.
 
7. Experts' View: The FEGLI Open Season
FEGLI open seasons are rare opportunities, but you may decide 
not to make any changes in your life insurance coverage, 
writes benefits expert Reg Jones. "It'll be just like an 
FEHB open season. If you're happy, just sit still," he writes. 
You'll find his column at http://fedweek.sparklist.com/t/294944050/821888/304/0/
 
8. F Fund Leads Monthly Returns
The bond (F) fund of the Thrift Savings Plan led the program's 
five funds in returns during August, posting a 1.88 percent 
gain, compared to 1 percent for the international stock (I) 
fund, a 0.38 percent gain for the government securities (G) 
fund, and a 0.34 percent gain for the large company common 
stock (C) fund; the small and mid-sized company (S) fund 
broke even. In terms of 12-month returns, the I fund leads 
with a 22.85 percent gain, followed by the S fund, 12.22, C 
fund, 11.33, F fund, 6.08, and G fund, 4.36.
 
9. Conversion Rule Applies to Open Season Choice
One consideration for federal employees near retirement in 
the current Federal Employees Group Life Insurance program 
open season are rules regarding carrying FEGLI coverage 
into retirement. Rules require that any coverage carried 
into retirement have been in effect for the prior five years, 
or from the first opportunity to elect coverage. Since the 
open season doesn't qualify as a "first opportunity" and 
since higher coverage elected in the open season will not be 
effective until September 2005, in general that new coverage 
can't be carried into retirement for anyone retiring before 
September 2010. However, guidance on the open season carries 
a reminder that there is another life insurance option 
available at retirement: converting FEGLI coverage to a 
private policy. A converted policy may well be more expensive 
than the group rates offered through FEGLI, the guidance 
notes, but higher coverage elected in the open season can be 
converted once it takes effect--that is, in September 2005 or 
later.
 
10. Federal Legal Corner: Retaliatory Job Reference Is Illegal, 
Even If Employee Wouldn't Have Gotten the Job.
On August 27, 2004, a U.S. appeals court clarified the types 
of actions that may be illegal under Title VII discrimination 
laws.  In Hillig v. Rumsfeld, No. 02-1102 (10th Cir. 2004), 
the Court ruled that likely harm to future job opportunities 
-- without actual harm --  can make an employer's retaliation 
illegal.  
 
Ms. Hillig settled two discrimination complaints with her 
employer, Defense Finance Accounting Service (DFAS).  Later, 
Ms. Hillig applied for a job at Department of Justice (DOJ).  
Her DFAS supervisors, one of whom was the subject of Ms. 
Hillig's EEO complaint, gave DOJ harmful information about 
Ms. Hillig.  A jury found that the damaging references were 
retaliatory, but that Ms. Hillig did not prove that she 
would have received the job offer even if DFAS had not 
provided a harmful recommendation.
 
The trial court found that Ms. Hillig did not suffer an 
"actual tangible injury."  The trial court reasoned that 
the poor reference was not an "adverse employment action" 
because Ms. Hillig did not show that the reference, by 
itself, was the cause of her not getting the job.  The Court 
of Appeals disagreed, reversed, and reinstituted the jury's 
$25,000 award to compensate her for the retaliation, even 
though the retaliation did not cause her to lose the job 
opportunity.
 
The Court ruled that "harm to future employment prospects" 
is sufficient to prove that an employer's actions are 
illegal.  The court focused on DFAS's action as well as the 
resulting harm.  The court also distinguished two types of 
harm resulting from a discriminatory action: "tangible harms," 
such as a hiring, firing, non-promotion, or change in salary 
or benefits; and intangible harms which have a "significant 
risk of humiliation, damage to reputation, and a concomitant 
harm to future employment prospects." Hellig, citing Berry 
v. Stevinson Chevrolet, 74 F.3d 980, 986-87 (10th Cir. 1996).  
The court noted that actions with a minimal impact on future 
job potential are not severe enough to be illegal.  Thus, 
the court concluded that an action that does more than de
minimis harm to an individual's future employment prospects 
can be illegal even if the individual does not show the act 
resulted in the denial of a particular job or a particular 
employment prospect. 
 
* This information is provided by the attorneys at Passman & 
Kaplan, P.C., a law firm dedicated to the representation of 
federal employees worldwide. For more information on Passman 
& Kaplan, P.C., go to http://fedweek.sparklist.com/t/294944050/821888/301/0/ *
 
11. The Complete Guide to Writing a Federal Resume Just 
Published--
Available for Immediate Shipment
Order Yours at http://fedweek.sparklist.com/t/294944050/821888/1/0/ 
 
>From the Publishers of FEDweek, the federal government's 
largest information resource...
 
We are proud to announce the launch of The Complete Guide 
to Writing a Federal Resume. This book was written 
specifically for you and is designed to help you meet the 
requirements for written materials in seeking a new federal 
job or advancement within the federal government. There is 
no longer a single, required method of applying for federal 
employment. In fact, most federal agencies are moving 
toward the resume (either paper or electronic) as the 
preferred method of applying for jobs.
 
That's why we've just published The Complete Guide to 
Writing a Federal Resume and all current federal employees, 
retirees, military members and private sector professionals 
who are looking for a federal job need this all-inclusive guide.
 
Note to Military Members:
Many of the federal job openings at this time require security
clearances. As a military member, a large percentage of you have
the security clearance and the qualifications needed to fill 
these positions. This all-new guide will show you how to compose
your resume to accentuate your strengths and experiences.
 
Here's a partial list of the table of contents:
 
Finding a Federal Job
Should I Apply Using a Resume or an Application Form?
The Federal Resume
Preparing to Draft Your Resume
What to Cover (and not cover) in a Resume
The Designing of Your Federal Resume
Your Accomplishments (including a worksheet)
What if You Use an OF-612?
Knowledges, Skills and Abilities (KSAs)
Cover Letters and Thank You Letters
Interactive Worksheets
The Do's and Don't's for Federal Resume Cover Letters
Contains Many Sample Federal Resumes and Cover Letters 
And Much More!
 
This book is a "must have" for:
 
All federal employees
Military personnel interested in civil service careers
Federal managers and supervisors
Human resources professionals and federal libraries
Military retirees beginning their second career with the 
federal government
All private sector workers that wish to apply for federal 
government positions.
 
Simply put, designing and writing your resume is not an 
easy task. You must highlight your accomplishments, 
qualifications, experience, etc. all while keeping it 
brief and easy to follow. The Complete Guide to Writing 
a Federal Resume will show you how to do this. It also 
gives a complete list of "result and action" words to use 
in your cover letter and resume as well as a list a 
frequently misspelled or misused words or phrases.
 
"In today's competitive job market, especially the federal 
job market, this new interactive resume book is a must 
have and is guaranteed to help you, whether you are 
writing a new resume from scratch, making minor changes 
depending on the position you are applying for or just 
fine tuning and error checking it."
Don Mace, Publisher
FEDweek
 

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