FEDweek Issue: Wednesday, December 22, 2004 Publisher's Announcement: We will not be publishing our newsletters next week. Our office will be closed for a much needed vacation. We will however, have our 24/7 customer service order lines open to call and place your book orders at (888) 333-9335 or as you know our website is always up and never takes a break. Happy Holidays to all of you from all of us here at FEDweek!
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: Post Your Federal or Private Sector Job. Contact [EMAIL PROTECTED] 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. http://fedweek.sparklist.com/t/295004343/821888/148/0/ Travel Discounts From FEDweek Our Readers Will Get Special Discounted Travel Rates Including, Airfare, Hotels, RVs, Car Rentals, and Special Weekend Getaways----Anywhere in the world Condo's Starting at $249 a week! http://fedweek.sparklist.com/t/295004343/821888/339/0/ ************************************************************ In This Issue: 1. DoD Outlines First Phase of NSPS 2. Rules Still to Come 3. Questions and Answers on Spiral One 4. TSP Open Season Ending 5. TSP Rule Changes Coming 6. Some Policies Not Changing 7. Experts View: Workers' Compensation and Disability Retirement http://www.fedweek.com/content/ev/index.php 8. FEGLI Rates Reminder 9. Increases Not Due to Open Season 10. Leave Year End Coming Up 11. Special Rates Raise Ahead 12. CPI Indicator Increases 13. Locality Boundaries Change Finalized 14. Federal Legal Corner: Responsibility to Provide Medical Information 15. Special Extension Until December 31, 2004 http://www.fedweek.com/feh.htm *********************************************************** 1. DoD Outlines First Phase of NSPS The Defense Department has announced that the first phase of its new "national security personnel system" will affect about 60,000 civilian employees starting in mid-2005. The first participants in what DoD calls "spiral one" will be general schedule employees scattered across the country and across the DoD components, with about 24,000 coming from the Army, 12,000 in the Navy and Marine Corps, 16,000 from the Air Force and the remainder from other DoD components. Introductory letters have been sent to affected employees. Two additional phases are expected in spiral one, bringing a total of about 300,000 employees under the program over roughly an 18-month period. After hitting that numeric threshold, DoD would have to certify that the system meets certain criteria set out in the law before applying it to the remainder of its workforce, including blue-collar employees, in "spiral two." A final "spiral three" would apply to employees in Defense laboratories-who already are generally under alternative personnel policies under prior law-if certain legislative changes are made. 2. Rules Still to Come In its announcement, DoD indicated that it expects to issue proposed rules on the NSPS "this winter"-earlier indications had been before the end of 2003, and then a January date-with final regs to be in effect in the spring. DoD noted that "spiral one"-which it said would begin "as early as" July 2005, not definitely in that month--involves changes to the personnel and appeals system. Those most likely will include pay banding, pay for performance and an in-house appeals channel for challenging workplace decisions. However, the department indicated that changes in labor relations policies-potentially including national bargaining, time limits on negotiations and further restrictions on what is negotiable-would be department-wide from the outset, effective "by summer 2005." 3. Questions and Answers on Spiral One For Defense Department questions and answers on spiral one, go to http://www.fedweek.com/content/hfi/index.php in the hot free info section of our website. 4. TSP Open Season Ending The Thrift Savings Plan's current open season, an opportunity for eligible employees not currently investing in the program to begin investments and one for those currently participating to change their levels of investment, ends December 31. FERS system investors may raise their biweekly contributions to as much as 15 percent of salary and those under CSRS may raise theirs to up to 10 percent, with both subject to an annual dollar cap, which itself is rising in 2005, to $14,000. FERS investors who expect to make $93,333 or more in 2005 should not invest at the maximum percentage rate but instead should make sure they can continue investing at least 5 percent of salary through all pay periods of 2005. If they hit the dollar cap before the end of the year, their contributions will shut off and so will government matching contributions for them. That's not a concern for CSRS employees, who get no government contributions. 5. TSP Rule Changes Coming Recent passage of the legislation to end the employee open seasons in the TSP does not mean that immediately after the open season participants will be able to immediately change their ongoing investments or that eligible employees will be able to immediately join the program. The TSP will have to issue rules to carry out the open season repeal and until it does, the traditional policy will remain in place. Thus, for example, participants will not be able to change their ongoing investment amounts after the end of this open season until the rules are out, which could be a number of months from now. 6. Some Policies Not Changing Those rules also will outline agency responsibilities to keep track of when government contributions for newly hired employees can begin. Even after passage of the new law, the waiting periods for those contributions will remain on the traditional schedule, which is linked to the open season cycle. That schedule will continue, although the term "open season" likely will be dropped. The rules also likely will address situations that require waiting periods-similarly linked to the open season cycle--under current policy for employees to restart contributions after stopping them or after taking out a financial hardship in-service withdrawal. The law did not order changes in those policies either. 7. Experts View: Workers' Compensation and Disability Retirement One of the least understood choices faced by employees who are disabled or injured in the line of duty is whether to accept disability retirement, which is administered by the Office of Personnel Management or accept workers' compensation, which is administered by the Office of Workers' Compensation Programs in the Department of Labor, writes benefits expert Reg Jones. "You can't receive both benefits at the same time," he writes. You'll find his column at http://www.fedweek.com/content/ev/index.php 8. FEGLI Rates Reminder Federal Employees Group Life Insurance premiums for FEGLI enrollees at older ages will increase in January as part of a phased-in set of increases. The increases affect Option B, which provides optional insurance of up to five times salary, rounded to the next $1,000. The monthly rate at ages 65-69 will rise from the current $1.538 per $1,000 to $1.56 in 2005. The monthly rate at ages 70-74 will increase from $2.232 per $1,000 to $2.60. The monthly rate at ages 75-79 will increase from $3.098 per $1,000 to $3.90. The monthly rate at ages 80 and above will increase from $3.965 per $1,000 to $5.20. Retirees pay the premiums monthly; those still actively employed at those ages pay at the same overall rate but make their payments biweekly. 9. Increases Not Due to Open Season The increases in FEGLI rates for 2005 will be the last of the previously announced three-step set of increases that also caused certain rates to go up at higher ages in January 2003 and 2004. The Office of Personnel Management says the changes reflect the higher claims rates being experienced in FEGLI optional coverage at higher ages, due to a 1998 law allowing older enrollees to keep their coverage without suffering the prior automatic reduction after age 65. They are not related to the FEGLI open season that OPM conducted in September of this year. Elections of higher coverage that were made during that open season will be effective in September 2005. 10. Leave Year End Coming Up The current federal annual leave year ends January 8. Generally, federal employees may carry over to the next leave year no more than 240 hours of accrued annual leave; they must use their excess annual leave by the end of a leave year or forfeit it. Employees who find themselves unable to use their excess leave before the end of the leave year-in many cases, it is too late at this point to schedule additional time off--may wish to consider donating it to a leave sharing program for the benefit of fellow employees who have medical or other emergencies. (Some employees have expressed interest in donating annual leave to colleagues who have been mobilized for military duty; however, the government's leave-sharing policy does not allow that.) Under limited circumstances, an agency may consider restoring annual leave that was forfeited. 11. Special Rates Raise Ahead The Office of Personnel Management has decided that information technology employees in special rate categories should receive the same across-the-board raise as general schedule employees in January-probably 2.5 percent. Special rate employees, who get higher salaries for being in high-demand occupations, get the higher of their special rate adjustment or locality pay, but not both, in addition to any across-the-board raise. OPM said that the council of agency personnel directors is studying various options for reforming the IT special rate system but that final findings aren't expected until September 2005. An announcement regarding pay raises for special rate employees in other occupations is pending; they typically get the across-the-board amount each year. 12. CPI Indicator Increases The inflation index used to determine federal retiree cost-of-living adjustments increased by 0.2 percentage points in November, bringing the count toward the January 2006 retiree COLA to 0.9 percent through two months of the 12-month count. The tabulation has no effect on the COLA to be paid with January 2005 annuity payments, which will increase by 2.7 percent for those retired under CSRS and 2 percent for those retired under FERS and who are eligible for COLAs. Those retired less than a year have their adjustments prorated. 13. Locality Boundaries Change Finalized Effective with the federal pay raises to be paid in January, boundary lines for many of the general schedule locality areas will be changing, with outlying counties or parts of counties in many cases being brought into a metropolitan locality. That action, previously announced, was finalized by rules published in the December 17 Federal Register by the Office of Personnel Management. The net effect will be to shift about 17,000 employees from the catchall "rest of the U.S." locality into one of the metropolitan areas, providing a boost in pay in the process. The changes result from the redefinition of many metropolitan areas in the wake of the 2000 census. Effective in 2006, though, three current localities-St. Louis, Kansas City and Orlando-are to be abolished and employees there will be shifted into the "rest of the U.S." locality. Also effective in 2006 will be creation of separate locality areas for Buffalo, Phoenix and Raleigh, N.C., although exact boundary lines for them are still to be determined. *********************************************************** Brand New Federal Employees Legal Survival Guide Just Published New Publication Announcement: The Federal Employees Legal Survival Guide http://www.fedweek.com/pub/index.php Passman & Kaplan, the columnists who produce The Federal legal Corner announces its brand new SECOND EDITION of the Federal Employees Legal Survival Guide. The second edition of the Guide includes 100 PAGES OF ADDITIONAL NEW MATERIAL (now 616 total pages) and useful advice. New features include information on internet legal research, preparing for and conducting a hearing, sample discovery requests, and up-to-date contact information for federal personnel agencies. The Guide also includes a listing of frequently used civil service acronyms and practical appendices of sample forms, charts illustrating appeal rights, and commonly-needed deadlines. ********************************************************* To place your order for The Federal Employees Legal Survival Guide just go to http://www.fedweek.com/pub/index.php and place your secure order online. The cost of this publication is only $49.95 Plus $6 s&h--Remember, this is a 616 page reference that is chalked full of invaluable information that every federal manager must have! Or you can mail your order with payment of $55.95 to FEDweek, PO Box 5519, Glen Allen, VA 23058. This is a one of a kind book you can't afford to be without! ************************************************************ 14. Federal Legal Corner: Responsibility to Provide Medical Information In Jones v. Department of Justice, MSPB No. AT-0752-04-0207-I-1, November 23, 2004, the Merit System Protection Board (MSPB) held that employees are accountable for presenting medical evidence an agency requests to justify an employee's sick leave request, even though the medical evidence will cost the employee hundreds of dollars. The Board sustained the agency's removal action, reversing the administrative judge's finding that none of the charges against the employee could be sustained. Mr. Jones was involuntary transferred to a duty station outside his commuting area but then received approved sick leave to care for an ill family member for a month and consequently did not report to the new duty station. (In fact, at no time, prior to his removal, did Mr. Jones ever report to the new duty station.) Mr. Jones then submitted a series of medical certificates requesting sick leave due to his own major depression. After he was out on approved sick leave for a couple of months, the agency sent Mr. Jones a letter requesting eight categories of information about his medical condition. Mr. Jones requested an extension of the deadline to provide the information on the grounds that his psychiatrist needed a more detailed release and that the psychiatrist required a fee of $400 to provide the requested information. In response, the agency stated that no further sick leave would be approved absent submission of the requested medical information, that Mr. Jones would be carried as AWOL until further sick leave was approved and that it was his responsibility to furnish the requested information. Subsequently, Mr. Jones' psychiatrist faxed a medical certificate to the agency and reiterated that her fee for providing the requested information was $400. The agency responded to Mr. Jones by granting him limited additional sick leave, but again stating that it was his responsibility to obtain and submit the required medical information. Mr. Jones never provided the additional medical evidence requested by the agency. The agency removed Mr. Jones for failure to accept a directed reassignment, AWOL and failure to follow instructions for not submitting the additional medical information. The AJ found all charges could not be sustained and reversed the removal. With respect to the AWOL charge, the AJ held that, at the hearing, Mr. Jones provided acceptable evidence of incapacitation and that he had a positive sick leave balance to cover his absence. Therefore, he could not be charged with AWOL. With respect to the failure to follow instructions charge, the AJ held that Mr. Jones followed the instructions to the extent he was able to do so, and that Mr. Jones' psychiatrist provided all of the information available without additional testing, that agencies typically pay for such additional testing and that the agency refused to pay in this case. The agency appealed the AJ's decision, with respect only to the AWOL and failure to follow instructions, to the Board. The Board reversed the AJ and reinstated Mr. Jones' removal. It first found that the agency's request for medical documentation was reasonable given the length of Mr. Jones' absence. The Board next agreed with the agency that it was Mr. Jones' obligation to ensure that his doctor provided the requested information and Mr. Jones' obligation to pay for any additional medical exams necessary to respond to the agency's request. The Board did specifically find that Mr. Jones' doctor would have waived the fee if she knew that the agency refused to pay it. However, it is unclear from this case how much of a difference that finding made in the Board's determination. The Board also went on to say that it was also Mr. Jones' obligation to respond timely to the agency's request, regardless of any delays caused by his doctor. With its decision, the Board has made it more difficult for employees to obtain approval for sick leave and has made employees requesting sick leave, for which agencies want medical documentation, responsible for all costs and for delays caused by the employees' physicians. ** 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. Special Extension Until December 31, 2004 To: All Federal Agencies, Libraries and Employees: Due to the large volume of bulk orders from federal agencies, and single purchases from federal employees that we've continued to receive after last week's deadline for ALL orders for The Federal Employees Handbook receiving their FREE copy of FEDweek's Book of Answers, our publisher, Don Mace has decided to extend this FREE offer through December 31st, 2004! We know a lot of have been probably taken time off in the last couple of weeks because of the upcoming holiday season and many of you were unable to take advantage of this SPECIAL FREE BOOK OFFER. Well, now you can! 2005 Federal Employees Handbook Including F R E E Book of Answers To: All Federal Agencies, Libraries and Employees Tuesday: December 21, 2004 Special Announcement From FEDweek FREE OFFER EXTENDED UNTIL DECEMBER 31ST--GET YOUR ORDER IN NOW! The 2005 Federal Employees Handbook Just Published--Only $9.95 (For Both) Now Available For Immediate Shipment http://www.fedweek.com/feh.htm 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. Don't let others take your money now and make You wait several months for delivery. Go to http://www.fedweek.com/feh.htm or please continue reading. Please Pass This Important Publication/Press Release Along to Your Colleagues! FREE BOOK OF ANSWERS OFFER EXTENDED UNTIL DECEMBER 31ST AT MIDNIGHT! We will Ship it out to you immediately--Along With FEDweek's "Book of Answers"--100% FREE! (Limited One Book per order) http://www.fedweek.com/feh.htm The Book of Answers, one of FEDweek's most popular selling Book and combined with the 2005 Federal Employees Handbook (both for only $13.95 is an unbeatable collection of the most up to date information you need to stay ahead.Here's just a few reasons why: Just A Few Facts About FEDweek's Book of Answers It will help you determine what you magic retirement age should be http://www.fedweek.com/feh.htm This comprehensive publication contains complete answers, expert advice and guidance to nearly every question, situation or life event that a federal employee or retiree experiences, that's why this publication is appropriately nicknamed "The What If Book". What if? is a question we have heard time and again from our readers who simply don't know what effect a change in status (marriage, divorce, illness, outside work, leaving government, etc.) will have on their government job and benefits. What if I get married-or divorced? What if I leave government before I'm eligible to retire? What if I want to supplement my government salary with outside income? What if I'm sidelined by a serious medical problem? What if I come back to work after retirement? The list goes on and on. Yet there has never been a resource designed to directly address these questions as they are really asked. Until now. Take a look at just some of the questions that this valuable book answers: What If... I Hit a 'Magic Number'? My Family Members Marry or Hit Magic Numbers? I Get Married? I Get Married After Retirement? We Adopt or Have a Child? I'm Divorced or Separated? I Move? I Die or a Family Member Dies? I Have a Financial Emergency? I Want to Supplement My Salary? I'm Offered a Gift? I Accumulate Frequent Traveler Credits on Official Travel? I'm Offered a Buyout to Leave Service? I Have a Financial Claim Against My Agency? I or Family Members Have a Medical Emergency? I Exhaust My Leave? My FEHB Claim Was Denied? I Have a Life-Threatening Condition? I'm Permanently Disabled? I Die While Receiving Compensation Benefits? I Want To Change or Drop My Life Insurance Coverage? I Want to Change or Drop My Health Insurance Coverage? I Become Eligible for Medicare? I Want to Name or Change Beneficiaries? I Leave Government Before Retirement Eligibility? I'm Offered Early Retirement? I Retire? I Don't Get My Annuity Payment On Time? I Need Help? I Return to Government Employment after Retiring? I Retired With a Buyout? I Retired on Disability? My Reemployment Ends? I Die While Reemployed? REMEMBER, THE BOOK OF ANSWERS IS 100% FREE WHEN YOU PLACE YOUR ORDER THE 2005 FEDERAL EMPLOYEES HANDBOOK--OUR FLAGSHIP SEVEN YEARS RUNNING. The answers you'll receive in The Book of Answers compliments perfectly with your new Federal Employees Handbook. ********************************************************* Go to http://www.fedweek.com/feh.htm to place your order for Your 2005 Federal Employees Handbok Planning Guide now and get your FREE Book of Answers. ********************************************************** 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 2005 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 Please Continue Reading or go to http://www.fedweek.com/feh.htm 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://www.fedweek.com/feh.htm 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://www.fedweek.com/feh.htm or ask one of our representatives about them when you call to place your order. ********************************************************** Remember... If you call our toll-free number to place your order, don't Forget to ask for your FREE Book of Answers. (Limited One Book per order) Due to the large volume of bulk orders from federal agencies, and single purchases from federal employees that we've continued to receive after last week's deadline for ALL orders for The Federal Employees Handbook receiving their FREE copy of FEDweek's Book of Answers, our publisher, Don Mace has decided to extend this FREE offer through December 31st, 2004! We know a lot of have been probably taken time off in the last couple of weeks because of the upcoming holiday season and many of you were unable to take advantage of this SPECIAL FREE BOOK OFFER. Well, now you can! FEDweek Publisher, Don Mace VP of Marketing, Kevin Couch Website: http://www.fedweek.com 11541 Nuckols Rd. Suite D Glen Allen, VA 23059 [EMAIL PROTECTED] --- You are subscribed to fedweek as [EMAIL PROTECTED] To unsubscribe, send a blank email to [EMAIL PROTECTED]
