FEDweek Issue: Wednesday, October 27, 2004 FEDweek is the largest information resource in the federal government with now over one million weekly readers. To Subscribe, Go to http://www.fedweek.com/subscribepopup.htm *********************************************************** Valued Added Service to Our Readers:
Federal Job Search http://www.fedweek.com/Jobs/default.asp Job Bulletin Board http://www.fedweek.com/Jobs/default.asp Unlimited Internet Access for as low as $10.90 http://fedweek.sparklist.com/t/294967379/821888/222/0/ Our Readers Will Get Special Discounted Travel Rates Including, Airfare, Hotels, RV's, Car Rentals, and Special Weekend Getaways--Anywhere in the world http://fedweek.sparklist.com/t/294967379/821888/339/0/ New Publication Announcement: Brand New Federal Employees Legal Survival Guide Just Published http://fedweek.sparklist.com/t/294967379/821888/338/0/ ********************************************************** In This Week's Issue 1. Bonus Authority Could Put Cash in Pocket 2. Are you getting your money's worth from your health plan? http://www.definityhealth.com/definity?username=APWUHP&password=HPInfo 3. Policy Change to Be Watched 4. Bill Also Would Boost Training 5. What the Travel Comp Time Provision Says 6. Policy on Leave for Voting 7. Experts Views: How the Offset Operates http://www.fedweek.com/content/ev/index.php 8. NSPS Still on Schedule, DoD Says 9. Computer Networks Now Offers Unlimited Monthly Internet Service to All of Federal Employees http://fedweek.sparklist.com/t/294967379/821888/148/0/ 10. Guidance on Leave Claims Issued 11. Rules on SES Restrictions Published 12. 2005 COLA Finalized 13. COLA, Raise Two Different Things 14. Federal Legal Corner: The Cat's Paw Doctrine http://www.passmanandkaplan.com 15. The 2005 Federal Employees Handbook Just Published-- Now Available For Immediate Shipment http://fedweek.sparklist.com/t/294967379/821888/340/0/ *********************************************************** 1. Bonus Authority Could Put Cash in Pocket Legislation (S-129) recently cleared by Congress and awaiting President Bush's signature contains several provisions aimed at increasing use of recruitment, retention and relocation payments, for example by allowing the current cap of 25 percent of salary to be increased to 50 percent in certain circumstances. An estimate from the Congressional Budget Office says that the cost of those enhanced bonuses to agencies--and thus the dollar benefit to employees--"depends on how extensively the agencies use the new authorities, and that information is not available." It said that in 2002 the existing authorities were used to pay bonuses totaling $129 million to about 20,000 new and existing employees across the government. Granting the maximum allowable level of enhanced bonuses to this number of employees could roughly double to quadruple that amount over time, CBO said. It assumed that agencies paying recruitment bonuses would, on average, double the amount of these bonuses they award to new employees, and also would increase outlays for retention bonuses by one-quarter. CBO estimated that this would amount to $351 million over the 2004-2008 period and $756 million over the 2004-2013 period, "assuming the appropriation of the necessary funds." 2. Are you getting your money's worth from your health plan? http://www.definityhealth.com/definity?username=APWUHP&password=HPInfo this fall, Federal and Postal employees have the opportunity to choose a health plan through the American Postal Workers Union (APWU) Health Plan that is worthy of your trust. It's called the Consumer-driven option, and it gives you a lot for your hard-earned dollars. Here's how it works: A Personal Care Account (PCA) is provided for you to use as needed. Benefit dollars in this account cover your first $1,200 (or $2,400 for a family) of healthcare and pharmacy expenses at 100%, with no co-pays. If you don't use all of your PCA funds during the year, the remaining balance rolls over to the next year. So when you have a relatively healthy year, you get to save for your future healthcare needs. And As an added benefit, up to $400 (single) and $800 (family) of PCA funds can be used each year for dental and vision care. When you do need care, the APWU Health Plan Consumer-driven Option is ready to support you with: * Low bi-weekly premiums of $18.40 (single) or $42.85 (family) for Postal employees or $40.89 (single) or $95.23 (family) for Non-Postal employees * A nationwide network with over 450,000 providers * PCA dollars may be used for dental or vision ($400/single, $800/family, per year) * Preventive Care covered at 100% with network providers * No office, drug or hospital stay co-payments * No referrals required for specialists * No upfront deductible * Extensive phone and online resources, including nurse health coach support 24/7 Discover a better health plan with the APWU Consumer-driven option. To learn more, please visit http://www.definityhealth.com/definity?username=APWUHP&password=HPInfo or request more information by clicking this link http://www.definityhealth.com/go/apwuhp/more_info_email.html. Representatives are also ready to answer your questions at 1.866.833.3463. 3. Policy Change to Be Watched One policy change regarding retention payments authorized under the bill would allow agencies to make those payments when employees are considered at risk of leaving for another federal agency, and not just for non-federal employment as under current policy. Numerous agencies have complained that special pay authorities elsewhere in government are luring away their employees, creating a situation in which agencies are competing against each other for workers. The bill as passed includes an amendment offered by House Democrats at the committee level that the Office of Personnel Management monitor use of retention bonuses used in inter-agency competition. Said a Democratic statement that accompanied the bill, "It is generally not in the government's best interest for agencies to engage in bidding wars over each others' employees. OPM should ensure that bonuses paid to employees moving within the federal government are an effective use of the government's resources and do not negatively impact the human capital needs of the entire federal government." 4. Bill Also Would Boost Training The bill awaiting final signature also aims to improve agency training in several ways. It would require agencies to: link training activities with performance plans and strategic goals, and clearly articulate how their training programs help to accomplish the agency's mission; appoint or designate a training officer, who would be responsible for developing, coordinating and administering training for the agency; work with the Office of Personnel Management to institute comprehensive management succession programs designed to develop future managers for the agency; and provide special training to managers to help employees exhibiting unacceptable performance. 5. What the Travel Comp Time Provision Says Another provision of the reform bill would authorize compensatory time off for federal employees who must travel for official purposes on off-duty time. This provision is of significant interest to many employees who travel, since they have long complained that they in effect are being forced to donate time to the government since travel time is paid time only under limited circumstances. However, It likely will be some time until decisions are made on exactly how the new authority could be used. Here's what the bill's language says: "each hour spent by an employee in travel status away from the official duty station of the employee, that is not otherwise compensable, shall be treated as an hour of work or employment for purposes of calculating compensatory time off. An employee who has any hours treated as hours of work or employment for purposes of calculating compensatory time . . . shall not be entitled to payment for any such hours that are unused as compensatory time." The measure orders the Office of Personnel Management to issue implementing regulations. 6. Policy on Leave for Voting With the elections next Tuesday (November 2), several agencies have sent out reminders regarding the government's policy that agencies have discretionary authority to grant excused absence for employees to vote, to the extent that such time off does not seriously interfere with agency operations. Generally, where the polls are not open at least three hours either before or after an employee's regular work hours, supervisors may grant a limited amount of excused absence that will permit the employee to report for work three hours after the polls open or leave from work three hours before the polls close, whichever requires the lesser amount of time off. An employee's "regular work hours" are determined by reference to the time of day the employee normally arrives at and departs from work. If an employee's voting place is beyond normal commuting distance and vote by absentee ballot is not permitted, the employing agency may grant excused absence to allow the employee to make the trip to the voting place to cast a ballot. 7. Experts Views: How the Offset Operates Employees covered by CSRS Offset are one of the most neglected groups in the federal service because they are under a hybrid retirement system that caused them to be covered both by CSRS and Social Security, writes benefits expert Reg Jones. "They'll actually end up receiving the same amount under both systems combined as they would if they were exclusively covered by CSRS," he writes. You'll find his column at http://www.fedweek.com/content/ev/index.php 8. NSPS Still on Schedule, DoD Says personnel system" for the Defense Department has sent out a memo staring that despite speculation to the contrary, the project is still on schedule. The memo responded to a newspaper report suggesting that DoD will not be ready to launch the first phase, called "spiral one," in July 2005 according to schedule. That will be the first of several steps that DoD hopes to result in the new system being applied department-wide by July 2007. DoD still is drafting proposed rules on the system--which will feature changes in pay practices, labor rights, employee appeals and many other personnel policies--and plans to issue proposed regs around the end of this year. Said the memo, "we have stated that we will manage this program based on an event-driven schedule, and that our current projection of those events is that we will implement spiral one in the July 2005 timeframe. If that date changes (and at this point it has not), the [program executive office] will officially announce it." 9. Computer Networks Now Offers Unlimited Monthly Internet Service to All of Federal Manager's Daily Report Readers Computer Networks, Inc. Is pleased to announce that FEDweek Readers can now get UNLIMITED Internet access for only $10.90 per month or $14.85 for Unlimited Internet with Turbo Accelerator--increasing your internet speed up to Five times the speed! Now, all Our Can Get Broadband DSL-Like Speed Over Your Phone Line at Home http://fedweek.sparklist.com/t/294967379/821888/148/0/ A Few Important Facts: Over 50% of our readers who have called the toll free information number 1-800 452-9201, signed up for this Internet service, it's that good. On-line Signup is available as well! You can get the fastest and most comprehensive internet accelerator on the market and unparalleled 24/7 customer service for only $14.85 per month--You'd pay more than twice that at AOL, Earthlink or any of the others. Take a Look at Some of these Cost Comparisons: CNW $14.85 AOL $23.90 MSN $21.95 Earthlink $21.95 AND CNW does not charge for Tech Support! It is easy to see, Computer Networks will cost you less every month! CNW has added over 7,000 new V.92 access lines to meet the needs of the FEDweek readers! Changes are that you are now covered by CNW with the latest technology that allows faster data thru-put and well as advanced compression schemes. Plus you'll get Spam controls to help keep your inbox free of junk email IF you're in pursuit of a fast, reliable Internet connection, Computer Networks Inc. has partnered with us to provide Internet Services to our readers at a special low rate as low as $10.90 per month with no long term contracts to sign (like most other internet service providers require). Best Choice: Turbo Accelerator Internet Service is the new CNW Turbo Internet access version 3.1 is the fastest and most comprehensive Internet accelerator available today. CNW offers DSL like speed over 56k dial-up connection and fast downloads of e-mail and Web pages--all for only $14.85 per month! For more information or to sign up today, go to http://fedweek.sparklist.com/t/294967379/821888/148/0/ or call toll free 800 452-9201. This is a special offer to all our readers only, just another value added benefit for being a FEDweek reader. 10. Guidance on Leave Claims Issued The Office of Personnel Management has issued guidance to agencies on the processing of claims for annual leave in light of a 2003 court decision that employees were required to take military leave only on days on which they were required to work and that agencies should have allowed 15workdays of military leave for reserve training (instead of 15 calendar days, as the language in that section was previously interpreted and applied prior to the court's ruling). For a closer look at the guidance, go to http://www.fedweek.com/content/hfi/index.php in the hot free info section of our website. 11. Rules on SES Restrictions Published The Office of Personnel Management has published interim rules regarding the obligation of agencies to notify senior executives and other high-salaried employees of certain post-employment conflict of interest provisions that apply to them. Under PL 108-136, those whose pay is above 86.5 percent of Executive Schedule Level II, meaning $136,757 currently, are subject to provisions barring former employees, if they leave government, from communicating with their former agencies with the intent to influence policy decisions. That law changed the threshold for that provision--nearly nine-tenths of senior execs are now affected, up from roughly two-tenths covered under the prior threshold--as well as requiring agencies to notify such employees of those restrictions. The rules in the October 15 Federal Register outline how that notice must Be provided. 12. 2005 COLA Finalized Those retired under the CSRS retirement system, who make up the large majority of federal retirees, will get a 2.7 percent increase in their annuities, paid in their January payments, following the final compilation of the inflation index used to set those adjustments (the inflation index used in setting the COLA rose 0.2 percent in September). The COLA also will apply to Social Security and military retirement benefits. Those retired under the FERS system and who are eligible for COLAs--in most cases, FERS doesn't pay COLAs until age 62--will get 2 percent. Those who retired with mixed FERS-CSRS annuities will get 2 percent on the portion of the benefit attributable to FERS service and 2.7 percent on the CSRS portion. COLAs are prorated for those who have retired, or still will retire, this year. 13. COLA, Raise Two Different Things The retiree COLA, which is set through an automatic inflation-linked process, has no direct effect on pay raises for active employees, which are determined through the annual budget process involving the White House and Capitol Hill. However, there is some confusion of the two in the federal realm since some employees (and even members of Congress) refer to their raises as COLAs, while some retirees refer to their COLAs as raises. Congress has drafted spending bills for fiscal 2005 that would produce a general schedule raise averaging 3.5 percent in January. But a final measure for fiscal 2005 might not be enacted until after the start of the calendar year. In that case a 2.5 percent raise would kick in by default, effective with the first full pay period of January, and any higher figure set later would be retroactive. 14. Federal Legal Corner: The Cat's Paw Doctrine This year, there has been a flurry of activity in the courts about the extent to which an employer is responsible for its employees' discriminatory acts. As we outlined in a prior Federal Legal Corner article (7/14/04), an employer may escape liability when an employee resigns because of a hostile working environment created by a supervisor, if the employee failed first to take advantage of the employer's internal mechanisms for addressing the supervisor's discrimination. Pennsylvania State Police v. Suders, 124 S.Ct. 2342 (2004). A well-known, conservative federal appeals court judge in Chicago, Richard A. Posner, recently held that an employer cannot escape liability just by saying that a supervisor him/herself did not discriminate personally against an employee, if that supervisor, in making a decision, relied upon a subordinate who intended to discriminate. Lust v. Sealy, Case No. 03-3496 (7th Cir. 2004). That is, if a supervisor makes a decision merely acting as a rubber stamp, or "cat's paw" for a discriminating subordinate, then an agency will still be liable for its decision. In the ironically-named Lust decision, the female employee's first-line supervisor had a habit of making sexist remarks to her. He did not recommend her for promotion because he assumed that, as a woman, she would not want to relocate for the promotion on account of her children. The second-line supervisor, who made the final promotion decision, would not have rejected the female employee, but for the fact that the first-line supervisor failed to recommend her. The court held that the second-line supervisor did not, himself, intend to discriminate against the employee, but the employer was nonetheless liable because the second-line supervisor was only the first-line supervisor's "cat's paw." The court relied upon its earlier decision in Shager v. Upjohn, 913 F.2d 398 (7th Cir. 1990), which first set forth the "cat's paw" doctrine. Judge Posner's opinion in Lust was critical of an opinion earlier this year from the Fourth Circuit Court of Appeals, which encompasses Virginia, West Virginia, Maryland, North and South Carolina. In the Fourth Circuit's opinion, Hill v. Lockheed, 354 F.3d 277, 291 (4th Cir. 2004), the court held that the subordinate with discriminatory intent would need to be "principally responsible" for the employer's decision in order for the employer to be liable. The Hill decision went so far as to hold that a subordinate's discrimination would not incur liability for an employer, even if the subordinate had a "substantial influence" on or played a significant role in an adverse employment decision. A California appeals court said that the Fourth Circuit's Hill decision was unpersuasive as to the manner in which it limited the "cat's paw" doctrine, and that the Fourth Circuit stood in "splendid solitude" among courts around the country on this issue. Reeves v. Safeway, 121 Cal.App.4th 95 (2004). In fact, many other circuits, including the D.C. Circuit, have previously endorsed the notion that a decision-maker's rubber-stamp of a discriminatory subordinate is enough to make an employer liable. See, e.g., Griffin v. Washington Convention Center, 142 F.3d 1308, 1311-1312 (D.C. Cir. 1998). After Lust and Reeves, it seems that the dominant trend is to reaffirm the "cat's paw" doctrine. Unless and until the Supreme Court resolves the split between circuits, you should press your discrimination claims forward if a decision-making process is infected by anyone with unlawful bias � even if that bias stems from one who is not the final decision-maker. ** 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://www.passmanandkaplan.com. ** 15. The 2005 Federal Employees Handbook Just Published-- Now Available For Immediate Shipment http://fedweek.sparklist.com/t/294967379/821888/340/0/ The #1 Selling Publication to the federal community, THE FEDERAL EMPLOYEES HANDBOOK Has Just Been Completely Updated and Expanded for 2005 and is Now Available for Immediate Shipment for Bulk Federal Agency Distribution and Individual Orders to Federal Employees. Go to http://fedweek.sparklist.com/t/294967379/821888/340/0/ or please continue reading. Please Pass This Important Publication/Press Release Along to Your Colleagues! SPECIAL NOTE FROM DON MACE, PUBLISHER, FEDWEEK FEDWEEK'S 2005 FEDERAL EMPLOYEES HANDBOOK-THERE'S NO SUBSTITUTE Dear Federal Employee, Over the 30-plus years that I've been writing news for federal employees I think I've seen just about all there is to see when it comes to your federal pay and your benefits. And I've seen, all too many times, how employees-even after careers spanning decades-get nailed by laws or regs they just didn't know anything about, and were at a loss as to how to get themselves out of these administrative (and sometimes legal) jams. And I've seen them lose money simply by not knowing enough about their pay and benefits. In short, they needed help. So, I set about gathering pertinent laws and regs from all over the federal government, interpreting them so they would make sense to everyone, and then put them into a single volume that employees can use to become fully aware of the benefits they are entitled to (and should be receiving), their job protections, and their often complicated compensation systems. I named it, appropriately enough, the Federal Employees Handbook. We have just published the brand new 2004 version and it contains the absolute latest critical information that affects you and your family. Our 2005 Federal Employees Handbook is not a mere collection of government handouts, dot com downloads or simple paste jobs; it's thoughtful and written in plain-English-just for you- by our veteran-team of federal experts that will keep you out of trouble and make you aware of potential pitfalls-as well as opportunities. You know you're getting a top quality, well-written and thoroughly researched publication when you see the genuine "FEDweek" logo. Below is a more detailed look at our New 2005 Federal Employees Handbook. Please pass the word along to your colleagues and please do read on. As always, my best to you, Don Mace Publisher, FEDweek *********************************************************** 2005 FEDERAL EMPLOYEES HANDBOOK Just Published! Please Continue Reading or go to http://fedweek.sparklist.com/t/294967379/821888/340/0/ to place your secure order online. For 2005, the Federal Employees Handbook has been completely revised and expanded and is still only $9.95! Written by our veteran team of experts, the 2005 Federal Employees Handbook contains the very latest critical information on your federal pay and benefits and workplace policies and will help you take full advantage of your opportunities and avoid costly mistakes. Take a look at just some of what's new for 2005 in this handbook: Special personnel rules affecting the federal employees becoming part of the new Department of Homeland Security The correct procedures in case of terrorist attack or other emergencies The latest information the new Long-Term Care Program: Eligibility, benefit choices, and premium considerations The government's new "alternative" hiring authorities that can affect current employees as well as outside applicants What the new government-wide buyout and early out authorities mean: when they will be offered, the restrictions applying, and your chances of getting an offer Situations in which it might make sense-or not-for you to drop your FEHB coverage for Tricare or CHAMPVA coverage New policies on keeping frequent traveler benefits earned while on official travel for personal use New policies on limitations of premium pay Flexible spending accounts-who can use them, for what, and how much they might be worth to you The latest on pay flexibilities that agencies can use to increase your pay apart from basic salary increases The new hostile fire pay authority Latest policies on building your Thrift Savings Plan account through "catch-up" contributions New requirements to allow employees to telecommute TSP's new computer system How to coordinate coverage under FEHB and Tricare The latest on benefits such as student loans, childcare subsidies and public transit subsidies that can put added money in your pocket The new authority for agencies to reimburse employees for expenses needed for professional credentials Policies that restrict the giving and acceptance of gifts by federal employees What the newly revised policies on premium pay could mean to your work schedule and compensation New policies on continued government-paid health insurance for federally employed Reservists called to active duty The latest on ethic rules, such as restrictions on giving and acceptance of gifts by federal employees An explanation of the little-publicized referral bonus authority An explanation of the relationship between FEHB and the new federal long-term care insurance benefit The latest on pay flexibilities that can put more money in your pocket And much more! PLUS, COMPLETELY UPDATED INFORMATION ON: Federal Pay Systems, Pay and Compensation Policies, Health Insurance, Life Insurance, Retirement, The Thrift Savings Plan, Social Security, Medicare, Taxation of Federal Benefits, General Employment and Workplace Rules, Employment Restrictions, Veterans' Rights and Preference, On-the-Job Injuries and Illnesses, Downsizing Policies, Directory of Unions and Other Groups, Appealing Agency Actions Against You, Alternative Dispute Resolution, Leave and Other Forms of Time Off, Survivor Benefits Travel, Transportation, Per Diem and Relocation Allowances, And much, much more! *********************************************************** HOW TO GET YOUR 2005 FEDERAL EMPLOYEES HANDBOOK The 2005 Federal Employees Handbook is still only $9.95 (plus $4.00 s&h) and you can go to http://fedweek.sparklist.com/t/294967379/821888/340/0/ to place your secure order online or call our 24 hour order line at (888) 333-9335. You may also mail your order request with payment of $13.95($9.95 plus $4.00 s&h) to FEDweek: P.O. 5519, Glen Allen, VA 23058. Quantity Discounts Are Available: Quantity discounts are available for federal agency Distribution. To view these discounts go to http://fedweek.sparklist.com/t/294967379/821888/340/0/ or ask one of our representatives about them when you call to place your order. *********************************************************** FEDweek Publisher, Don Mace VP of Marketing, Kevin Couch Website: http://www.fedweek.com 11541 Nuckols Rd. Suite D Glen Allen, VA 23059 (804) 288-5321 [EMAIL PROTECTED] --- You are subscribed to fedweek as [EMAIL PROTECTED] To unsubscribe, send a blank email to [EMAIL PROTECTED]
