No Limit Qartulad
Catherine Nicolo
A major objective of workforce management is to acquire the right people to do the right jobs. In order to meet the challenges of creating and maintaining highly productive and efficient organizations, agency flexibilities in filling critical leadership positions are essential. This chapter provides information about other methods, in addition to competitive appointment, that agencies may use to staff SES positions.
In addition to allocating spaces, OPM also allocates specific appointment authorities to agencies. (Noncareer appointment allocations for all components of the Department of Defense are made to the Secretary of Defense.) Adjustments in the number of SES appointment authorities are limited by law.
Some agencies may have a specific statutory limitation in their own legislation on the number or percentage of noncareer SES appointments that may be made in the agency. The White House may also impose a limit for any agency.
An agency initiates a request for a noncareer appointment authority by entering it into the Executive and Schedule C System (ESCS). Each request must be for a named individual to fill a specific SES General position. If the individual is currently a noncareer SES within the agency, the request is made for an SES noncareer reassignment. Otherwise, it is for a new SES noncareer appointment. The agency then uses ESCS to generate an OPM form 1652 for documentation of agency approvals. If ESCS is temporarily unavailable and the need is urgent, the agency should contact OPM (SERS) for guidance. After completing OPM form 1652, the agency forwards the form to SE...@opm.gov. To facilitate timely OPM approval, the agency should work with the Presidential Personnel Office to fulfill any preliminary vetting requirements for the prospective appointee before forwarding to OPM. OPM documents approval by faxing OPM form 1652 back to the agency, signed by the OPM approving official. An agency may only appoint the individual to the position authorized by OPM and may not do so until any previous incumbent has left. There is no provision for overlap or dual incumbency of a position.
Authority. An agency must have prior approval from OPM to make a noncareer appointment (5 CFR 317.601(b); 5 U.S.C. 3394(b)). All other pertinent documentation including the form, 1652, Request for an SES Appointment Authority, should also be uploaded into ESCS by the agency. The form, 1652, Request for an SES Appointment Authority, is submitted in ESCS after appropriate agency clearances. If ESCS is temporarily unavailable and the need is urgent, the agency should contact OPM (SERS) for guidance.
OPM Approval. An agency may reassign a noncareer appointee to a different General position only upon approval by OPM. An agency initiates a request for a noncareer reassignment by entering it into ESCS. The form, 1652, Request for an SES Appointment Authority, is submitted in ESCS after appropriate agency clearances. If ESCS is temporarily unavailable and the need is urgent, the agency should contact OPM (SERS) for guidance.
Transfer of a noncareer appointee to another agency, may be made only to a General position for which the individual is qualified. The new agency must obtain prior OPM approval of the required appointment authority in order to transfer the appointee.
In a transfer of function between agencies, noncareer appointees may be offered transfers at the discretion of both agencies but subject to the ceiling on noncareer appointments that applies to the executive agency to which the function is being transferred. Agencies must get prior approval from OPM for the transfer of appointment authorities.
To assist in transitions, OPM may make noncareer appointment authorities available to agencies following the inauguration of a new President, or the nomination of a new agency head. OPM must approve use of the appointing authority.
If a career appointee is under regular CSRS coverage and is changing to a noncareer appointment, the individual must be informed that he or she will automatically acquire CSRS Offset coverage (CSRS plus Social Security) or FERS coverage depending on whether the individual has five years of service at the time of the action. (The action also triggers an opportunity to elect FERS coverage if the individual is not automatically covered.) The individual must also be informed that, if he or she later returns to a career SES appointment, it will not be possible to return to regular CSRS coverage without Social Security. The agency Benefits Officer can answer any questions pertaining to these provisions.
Under 5 CFR 317.601(c), each agency is provided a pool of limited appointment authorities equal to three percent of its SES space allocation, with a minimum of one authority. These authorities may be used without prior OPM approval to appoint an individual who meets the stated criteria. The pool authorities may not be used to appoint a retired SES member.
Authority. An agency must have prior approval from OPM to make a limited-term or limited emergency appointment (5 CFR 317.601(c)(2); 5 U.S.C. 3394(b)), except when using its pool of delegated limited appointment authorities provided under 5 CFR 317.601(c)(1) to make a limited term or a limited emergency appointment [See Chapter 1]. A request for a limited-term or limited emergency appointment authority must be created in the ESCS. All other pertinent documentation including the form, 1652, Request for an SES Appointment Authority, should also be uploaded into ESCS by the agency. The form, 1652, Request for an SES Appointment Authority, is submitted in ESCS after appropriate agency clearances. If ESCS is temporarily unavailable and the need is urgent, the agency should contact OPM (SERS) for guidance.
The following information is provided to assist agencies in determining whether a proposed use of SES limited term or limited emergency appointment is appropriate, and if so, what information should be provided to justify the request.
Time limit. A limited term appointment authority (LTA) may not exceed three years. A limited emergency appointment authority (LEA) may not exceed 18 months. An individual serving on a limited appointment may not be appointed to, or continue to hold, a position under such an appointment if, within the preceding 48 months, the individual served in the aggregate more than 36 months under any combination of limited term or limited emergency appointments.
Termination. A limited appointment terminates automatically at the end of the appointment period authorized by OPM but may be terminated by the agency at any time. [See Chapter 8 on Removals for information on termination actions other than expiration of appointment for noncareer and limited appointees.] When a limited appointee has served the length of the appointment, the appointee is given an SF-50 notification. An agency may give any amount and type of additional advance notification.
It is important to note, because limited appointments are made without competition, if an agency grants an SES limited appointment and later holds a merit competition to fill the same position or a successor position by career appointment, the limited appointee will appear to have been given an unfair competitive advantage. In such circumstances, an agency should anticipate OPM will conduct a merit staffing review.
For example, an agency may request a limited term authority to appoint a non-Federal Intergovernmental Personnel Act (IPA) assignee to an SES general position the duties of which will expire within a three-year period.
OPM Approval. Subject to the expiration date specified by OPM, an agency may reassign a limited term or limited emergency appointee without prior OPM approval, but only to a General position that meets the same statutory criteria under which OPM authorized the original appointment (5 CFR 317.604(b)). OPM must be notified of the reassignment and the agency must document the change of position in ESCS.
In a transfer of function between agencies, limited appointees may be offered transfers at the discretion of both agencies but subject to the ceiling on noncareer appointments that applies to the executive agency to which the function is being transferred. Agencies must get prior approval from OPM for the transfer of appointment authorities.
The Intergovernmental Personnel Act (IPA) provides for IPA assignments to or from state and local governments, institutions of higher education, Indian tribal governments and other eligible organizations (as defined in the Act) in order to facilitate cooperation between the Federal Government and those non-Federal entities through the temporary assignment of skilled personnel (5 U.S.C. 3374 and 5 CFR Part 334).
An agency may enter into an agreement for a career SES member to serve in a position in a covered non-Federal entity. The executive may be detailed to the assignment or placed on leave without pay and appointed by the receiving organization during the assignment.
Alternatively, an agency may enter into an agreement under which a non-Federal IPA assignee is deemed on detail to a Federal agency (5 U.S.C. 3374(a)(2)). An IPA agreement providing for the IPA assignee to be deemed on detail to an SES general position under this provision is not subject to restrictions in 5 CFR 317.903. However, an IPA assignee serving in a GS-15 position, whether by detail or appointment, may only be detailed to an SES position subject to 5 CFR 317.903. This does not preclude amendment of an IPA agreement to provide for assignment to an SES position.
To assist in transitions, OPM may make limited term appointment authorities available to agencies following the inauguration of a new President, or the nomination of a new agency head. OPM must approve use of the appointing authority.
If a career appointee is under regular CSRS coverage and is changing to a limited appointment, the individual must be informed that he or she will automatically acquire CSRS Offset coverage (CSRS plus Social Security) or FERS coverage depending on whether the individual has five years of service at the time of the action. (The action also triggers an opportunity to elect FERS coverage if the individual is not automatically covered.) The individual must also be informed that, if he or she later returns to a career SES appointment, it will not be possible to return to regular CSRS coverage without Social Security. The agency Benefits Officer can answer any questions pertaining to these provisions.
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