NSPS Rules Published

[James48843]

This from the DOD NSPS website today:


Proposed NSPS Regulations Published

The Department of Defense (DoD) and the Office of Personnel Management (OPM) have issued proposed regulations revising the National Security Personnel System (NSPS). Within two years, more employees, over 181,500, have transitioned to NSPS than are employed by any government agency except the Department of Veterans Affairs.

NSPS was authorized by the National Defense Authorization Act (NDAA) for Fiscal Year 2004 and amended further in the NDAA for Fiscal Year 2008 signed into law on January 28, 2008.

“Since January, the Program Executive Office (PEO), NSPS has been working diligently to update the regulations,” said Brad Bunn, Program Executive Officer, NSPS.“ These updates align regulations with NDAA 2008, as well as adjust and clarify regulations to ensure uniform and consistent application of NSPS program principles.

While Congress made significant changes to the underlying NSPS statute, the core features of NSPS that the Department has implemented to over 181,500 employees remain essentially intact, including the pay banding and classification structure, compensation flexibilities, and pay for performance system.


NDAA 2008:

• Brings NSPS under government-wide rules for:
  • labor-management relations.
  • disciplinary actions and employee appeals of adverse actions.
  • workforce shaping (reduction in force, furlough, and transfer of function).
• Excludes Federal Wage System (blue collar) employees from coverage under NSPS.
• Extends and expands exclusion from NSPS coverage for certain DoD laboratories through October 1, 2011.
• Requires DoD to collectively bargain procedures and appropriate arrangements for bringing DoD bargaining unit employees under NSPS prior to conversion of these employees.
• Requires advanced Congressional notification for OPM/DoD jointly-prescribed NSPS regulations.
• Mandates that all employees with a performance rating above “unacceptable” or who do not have current performance rating receive no less than sixty percent (60%) of the annual government-wide General Schedule pay increase (with the balance allocated to pay pool funding for the purpose of rewarding employees for their performance).
• Requires that all NSPS employees with a performance rating above “unacceptable” or who do not have current performance rating receive locality pay in the same manner as General Schedule employees.

In addition to making regulation changes resulting from NDAA 2008, additional updates that adjust and clarify other NSPS principles include:

• Enabling NSPS coverage for employees appointed for less than 90 days
• Provision of Conversion/Movement Out Process for employees moving to GS positions, to ensure consistent pay setting practices for NSPS employees
• Allowing employees to request reconsideration of an individual job objective rating, in addition to the ability to request reconsideration of the overall final rating of record
• Grandfathering GS pay retention timeframes for employees covered by GS grade or pay retention rules at the time of their conversion to NSPS

In January 2008, the PEO NSPS convened working groups to revise the regulations. Staffed by DoD and OPM human resources subject matter experts, the regulations were amended and coordinated with senior officials within DoD and with OPM for approval prior to formal coordination and publication in the Federal Register.

NSPS proposed regulations are posted on the Federal Register and will be open for public comment for the next 30 days. These regulations may be accessed on line via: http://www.access.gpo.gov/su_docs/fedreg/a080522c.html .

The public may submit written comments through two methods:

• Electronically through the Federal Rulemaking Portal: http://www.regulations.gov.
• Via mail to: DOD/OPM/NSPS Public Comments, PO Box 14474, Washington, DC 20044

Following the 30 day comment period, remarks will be collected, analyzed and considered for incorporation in the regulations as applicable and coordinated within DoD and with OPM and OMB with final publication anticipated this fall.

The updated NSPS regulations more specifically govern how retained classification, compensation and performance management flexibilities will be implemented. NSPS retains the core values of the civil service, including merit systems principles and veterans’ preference and allows employees to be paid and rewarded based on performance, innovation, and results.

“Execution of NSPS remains on schedule,” Bunn said, adding, “We will continue implementation throughout DoD with the next Commands converting into NSPS between the Fall of 2008 and Spring of 2009.”

NSPS promotes a management culture in which employee performance and contributions are linked to DoD’s vital mission and more fully recognized and rewarded.
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