Presidential Transition Guide to Federal Human Resources Management Matters, Election Year 2020

United StateS Office Of PerSOnnel ManageMent

Presidential Transition Guide

to Federal Human Resources

Management Matters

Election Year 2020

OPM.GOV DECEMBER 2020

U.S. OPM Presidential Transition Guide

I. Standards of Ethical Conduct .............................................................. 1

Overview..................................................................................... 1

Transition Issues .......................................................................... 2

II. Positions and Individuals Subject to Change in a Transition ................... 6

Overview..................................................................................... 6

Transition Issues .......................................................................... 7

Involuntary Separations and Resignations ....................................... 8

III. Appointments ............................................................................... 10

Presidential Appointments ........................................................... 10

Senior Executive Service (SES) Appointments ................................ 13

Transition Issues: SES ................................................................ 16

Excepted Service Appointments ................................................... 18

Expert and Consultant Appointments ............................................ 23

IV. Compensation ............................................................................... 24

Pay and Leave ........................................................................... 24

Pay Flexibilities .......................................................................... 27

Reemployed Annuitants .............................................................. 32

Leave ....................................................................................... 33

Separation Payments .................................................................. 39

Retirement, Health and Life Insurance, and Other Benefits .............. 41

Unemployment Compensation and Dislocated Worker Services ........ 54

V. Personnel Security Vetting ............................................................... 55

Between Election and Inauguration............................................... 55

After Inauguration ...................................................................... 56

Post-Inauguration Vetting Processes per Appointment Type ............. 57

Reciprocity ................................................................................ 58

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Reinvestigations ......................................................................... 58

VI. Personal Identity Verification .......................................................... 59

Overview................................................................................... 59

PIV Credentials for Transition Team Members ................................ 60

VII. Appendices .................................................................................. 61

Appendix A: Q&A on Separations for Political Appointees ................. 61

Appendix B: Appointments and Awards During the 2020 Presidential

Election Period ........................................................................... 77

Appendix C: Sample Separation Notice ......................................... 78

Appendix D: Q&A on Senior Executive Service ............................... 79

Appendix E: Q&A Federal Benefits for New Political Appointees ...... 100

Appendix F: Merit System Principles ........................................... 108

This Guide provides any incoming or second-term Administration and agency

officials who have transition responsibilities, with a detailed description of

the various rules, regulations, and policies that govern the establishment of

transition teams, the departure and appointment of political appointees, and

the treatment of career Federal employees (especially members of the

Senior Executive Service) during the transition period.

I. Standards of Ethical Conduct

This section provides general guidance on contacts with lobbyists, seeking

work outside the Federal Government, post-employment restrictions, and

the protection of Federal records from unauthorized removal. For answers

to specific questions, guidance should be sought from agency ethics officials.

Overview

All executive branch employees are subject to the Standards of Ethical

Conduct for Employees of the Executive Branch, 5 CFR part 2635. The

standards include 14 basic principles of ethical conduct and provide uniform

rules about gifts from outside sources, gifts between employees, conflicting

financial interests, impartiality in performing official duties, seeking other

employment, misuse of position, and outside activities. Some employees

are also subject to supplemental regulations if promulgated by their

agencies.

Each agency head is responsible for administering that agency’s ethics

program and for appointing a Designated Agency Ethics Official (DAEO) and

an Alternate DAEO who, along with their supporting ethics officials,

administer the agency’s ethics program. The agency’s ethics program office

is generally responsible for the following:

• Providing counseling and advisory services;

• Providing ethics education and training programs;

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• Reviewing financial disclosure reports;

• Monitoring administrative actions and sanctions for ethics violations;

and

• Communicating with the Office of Government Ethics (OGE).

The OGE provides overall policy leadership for executive branch departments

and agencies. OGE reviews public financial disclosure reports of executive

branch Presidential appointees requiring Senate confirmation and certain

White House officials to determine whether any entries on the forms may

give rise to potential or actual violations of applicable laws or regulations

and to recommend any appropriate corrective action. OGE also provides

advice on other ethics matters for new Presidential appointees, Senior

Executive Service (SES) appointees, and Schedule C employees. Schedule C

employees are those who are excepted from the competitive service because

they have policy-determining responsibilities or are required to serve in a

confidential relationship to a key official.

Transition Issues

Lobbying Disclosure Act

The Lobbying Disclosure Act, Public Law 104-65 [2 U.S.C. Chapter 26, sec.

1601 et seq.], imposes disclosure and registration requirements on lobbyists

who contact covered legislative and executive branch officials. It also

requires that a “covered executive branch official” who is contacted by a

lobbyist disclose the fact that he or she is a covered executive branch official

upon the request of the person making the lobbying contact. “Covered

executive branch officials” are:

A. The President;

B. The Vice President;

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C. Any officer or employee, or any other individual functioning in the

capacity of such an officer or employee, in the Executive Office of

the President;

D. Any officer or employee serving in a position in level I, II, III, IV,

or V of the Executive Schedule, as designated by statute or

Executive order;

E. Any member of the uniformed services whose pay grade is at or

above O-7 under 37 U.S.C. 201; and

F. Any officer or employee serving in a position of a confidential,

policy-determining, policymaking, or policy-advocating character

described in 5 U.S.C. 7511(b)(2)(B).

Generally, the Act applies to Presidential appointees requiring Senate

confirmation (PAS) and Schedule C employees but does not apply to

members of the SES (unless they meet the criteria in C or D, above). If you

have any questions about who is considered a lobbyist, how you should

respond to contacts from lobbyists, and what your responsibilities are under

the Act, you should contact your agency’s General Counsel.

Federal Employees Seeking Non-Federal Employment

Pursuant to 18 U.S.C. 208, executive branch employees are generally

prohibited from performing work in their Government jobs on matters that

would affect the financial interest of someone with whom they are

negotiating for employment. The Standards of Ethical Conduct for Executive

Branch Employees [5 CFR part 2635] have a similar rule that applies even

before back-and-forth negotiations begin and may apply even when an

employee has only sent a resumé to a prospective employer. Participation in

some procurement matters can subject employees to additional

requirements relating to private employment contracts.

In accordance with the Stop Trading on Congressional Knowledge Act of

2012 (STOCK Act), any employee who is required to file a public financial

disclosure report must file a signed notification statement with his or her

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agency ethics official within three business days after commencing

negotiations or entering into an agreement with a non-Federal entity to

accept post-Government employment or compensation. The statement must

identify the entity and specify the date the negotiations or agreement

commenced. A public filer must also document his or her disqualification

from any particular matter that would have a direct and predictable effect on

the financial interests of the entity and submit that signed disqualification

document to his or her agency ethics official.

Employees should be careful not to misuse Government resources (such as

official time, the services of other employees, equipment, supplies, or

restricted information) in connection with job-seeking. After an employee

has accepted a job outside the Government, he or she must continue to

refrain from working on matters in his or her Government job that would

affect the financial interest of the future employer.

If an agency offers outplacement services to all its employees, departing

noncareer employees may use these services. However, an agency may not

establish outplacement services for noncareer employees only. [See

Appendix A, Question 6, for additional information.]

Post-Employment Restrictions

There are certain restrictions on employees after their separation from

Government service. Generally, these restrictions apply to representational

activities, and their application varies depending on the employee’s duties

and level of authority [18 U.S.C. 207]. Additional restrictions were imposed

by Executive Order 13490. Information on these restrictions may be

accessed at the Office of Government Ethics website including, FAQs on

Post-Employment Under the Ethics Pledge. Agency ethics officials are also

available to provide more specific advice on post-employment restrictions

before and after Government service.

Protecting Federal Records from Unauthorized Removal

National Archives and Records Administration (NARA) guidance reminds

heads of Federal agencies that official records must remain in the custody of

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the agency. Federal officials should be aware that there are criminal

penalties for the unlawful removal or destruction of Federal records [18

U.S.C. 2071] and the unlawful disclosure of national security information [18

U.S.C. 793, 794, and 798]. Departing Federal officials should contact their

agency records officer if they have questions about maintaining and

disposing of records and extra copies of records.

Agency records officers should have Documenting Your Public Service and

Guidance For Agency Employees on the Management of Federal Records,

Including Email Accounts, and the Protection of Federal Records from

Unauthorized Removal, two NARA publications that address records creation

and maintenance procedures and distinguishing between records and

personal documentary materials. NARA records management regulations

address the identification and protection of Federal records and are also

accessible at 36 CFR Chapter XII, Subchapter B.

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II. Positions and Individuals Subject to Change in a

Transition

This section provides an overview on positions subject to change, assigning

Federal employees to a transition team, providing continuity in key

operations through overlapping assignments, and separating political

appointees. In a September 22, 2020 Memorandum to Heads of

Departments and Agencies, the Director of OPM asked agencies to review all

personnel actions to make sure they meet the requirements of civil service

laws, rules, and regulations and are free of impropriety. The Director

reminded agencies of their obligation to undertake personnel actions in a

manner that conforms fully to the merit system principles and does not

involve prohibited personnel practices. A copy of this memorandum can be

found on the CHCO website and in Appendix B.

Overview

Positions that are generally subject to change during transitions are listed in

a document called United States Government Policy and Supporting

Positions, commonly known as the Plum Book. OPM prepares this document

every 4 years at the request of Congress. It is published after the election

in December and is available on OPM’s website as well as www.govinfo.gov.

There are four broad categories of individuals or positions that may be

changed during a transition:

• Presidential appointments made with the advice and consent of the

Senate (PAS) to positions in which the incumbent serves at the

pleasure of the President;

• Other Presidential appointments (PA) to positions in which the

incumbent serves at the pleasure of the President;

• Noncareer Senior Executive Service (SES) appointments; and

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• Appointments to other positions in which the incumbent serves at the

pleasure of the agency head. These positions, commonly known as

“Schedule C” positions, are excepted from competitive service rules

by OPM based on their responsibility for determining or advocating

agency policy, or their confidential character.

Positions in these four categories normally include Cabinet officers and

heads of other executive branch agencies; Under Secretaries; Assistant

Secretaries; Directors of bureaus and services; and chairpersons and

members of boards, commissions, and committees.

Incumbents of most of these positions customarily resign at the request of

the new incoming administration or before a new agency head takes office.

It also is common for an incoming administration to ask certain persons to

remain in their jobs during the transition to ensure continuity during the

initial period of staffing.

Transition Issues

Details to the Transition Team

The Presidential Transition Act of 1963, as amended, establishes the

transition team as a Federal entity to provide for the orderly transfer of

power between administrations [3 U.S.C. 102 note]. In addition to providing

that the transition team may hire its own staff, the Act provides for the

detail of Federal employees to the transition team after the November

election as follows:

Any employee of any agency of any branch of the Government may be

detailed to the office staff of either the President-elect or the Vice President-

elect.

The employee must be detailed on a reimbursable basis, and the detail must

be with the consent of the lending agency head.

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Overlapping in Key Positions

Agencies cannot employ two individuals in the same position at the same

time (“dual incumbency”). However, to provide continuity in key positions

and meet other transition needs, agencies can use the following options:

• When an incumbent’s intention to leave has been documented, an

agency may establish a different position to employ a designated

successor for a brief period pending the incumbent’s departure. For

example, when an office director is leaving, the agency may establish

a temporary special assistant position for a short period to facilitate

orientation of the incoming director to the office’s operations.

• OPM may authorize the use of SES limited appointment authorities

for short periods of time for temporary executive positions. [5 CFR

317.601(c)(2)]

• Agencies may also establish temporary transitional Schedule C

positions for similar non-executive positions to help with transitions.

[5 CFR 213.3302]

Involuntary Separations and Resignations

Presidential Appointees and Immediate Staff

When the President accepts the resignation of a Presidentially appointed

policy-making officer, the separation is involuntary. A separation is

involuntary at any time the resignation is submitted and accepted, whether

or not it is related to a change in Presidential administrations. Further, when

the President has accepted the resignation of a Presidential appointee, the

resignation of a noncareer SES or Schedule C employee who works for that

Presidential appointee is involuntary for purposes of retirement. Agencies

should include documentation with a retirement application that the

President has accepted the resignation of his appointee, or that the

Presidential appointee for whom a noncareer SES or Schedule C appointee

works is leaving.

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Requested Resignations

When an agency separates an employee, who submits his or her resignation

in response to a request from a recognized representative of the new

Presidential term, that separation is involuntary for retirement purposes.

The representative must have the authority to request the employee’s

resignation, and the resignation must be requested specifically from that

employee. The agency should attach a copy of the request for the

resignation with the individual’s retirement application. Unsolicited

resignations, i.e., those based on an anticipated request for a resignation

and those prompted by personal choice, are voluntary for retirement

purposes.

Caution about Separations

For legal reasons, notices of dismissals should avoid a tone that implicates in

any way an employee’s reputation. Agencies should consult their own

General Counsel or legal office for guidance in this area. [See Appendix C

for a sample separation notice.]

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III. Appointments

This section provides a discussion of Presidential appointments, Senior

Executive Service appointments, and appointments in the excepted service.

Presidential Appointments

Overview

Officers and employees who serve at the pleasure of the President or other

appointing official may be asked to resign or may be dismissed at any time.

They are not covered by standard civil service removal procedures and

generally have no right to appeal terminations, unless they are alleging that

such action was taken for prohibited discriminatory reasons. Agencies

should consult their General Counsel for assistance in this area.

In certain cases, the statute creating a position provides that an individual

appointed by the President may be removed only for cause or at the end of a

statutory term of appointment. These provisions are found most commonly

in statutes establishing quasi-judicial entities or independent regulatory

agencies. Individuals in positions with statutory terms can continue in those

positions until the end of the term, unless they resign for personal reasons

or are removed for cause. The issue is discussed in such cases as Myers v.

U.S., 272 U.S. 52 (1926); Humphrey's Executor v. U.S., 295 U.S. 602

(1935); Wiener v. U.S., 357 U.S. 349 (1958); and Buckley v. Valeo, 424

U.S. 1 (1976). Because these matters implicate complex legal issues,

agencies should consult their own General Counsel for assistance in this

area.

The Vacancies Act was substantially amended in 1998 by the Federal

Vacancies Reform Act of 1998 (the “FVRA” or “Act”). [Public Law 105-277,

section 151]. The FVRA, codified at 5 U.S.C. 3345-3349d, prescribes

requirements for filling, both permanently and temporarily, vacancies that

are required to be filled by Presidential appointment with Senate

confirmation (PAS appointments).

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Presidential Appointments

The FVRA, as amended, provides rules for temporarily filling vacant PAS

positions. In most cases, the Act is the exclusive means for filling vacant

PAS positions with a person designated as the “Acting” officer. The Act,

however, also recognizes other limited means to fill PAS positions, such as

recess appointments and provisions in other specific statutory authorities

applicable to particular agencies. The FVRA specifically provides that an

agency head’s general authority to delegate or reassign duties within the

agency does not remain a viable, separate authority for filling a vacant PAS

position on a temporary basis.

An office becomes “vacant” when the incumbent “dies, resigns, or is

otherwise unable to perform the functions and duties of the office.” The

FVRA does not specify the full range of circumstances that would constitute

such inability, but legislative history indicates it would include the incumbent

being fired, imprisoned, or suffering a serious illness. The Act also specifies

that the expiration of a term of office constitutes an inability to perform the

functions and duties of the office.

Under the FVRA, there are generally three categories of persons who can

serve in an acting capacity for vacant PAS positions:

• The “first assistant” to the vacant position. The Act does not define

this term, but legislative history indicates that it generally refers to

the top deputy to the position.

• An existing PAS (from the agency at issue or from any other agency)

designated by the President (and only the President).

• Certain senior agency employees designated by the President (and

only the President).

Specific timeframes and other statutory considerations limit service for all

three categories. There is a general limit of 210 days for serving in an acting

PAS capacity. [5 U.S.C. 3346] With respect to any vacancy that exists

during the 60-day period beginning with a Presidential inauguration, the 210

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days begin on the later of 90 days after the inauguration or 90 days after

the date of the vacancy. Different rules apply if the President nominates a

person to fill the PAS position on a permanent basis during the period that

the position is held by another person on an acting basis.

The Office of Legal Counsel at the Department of Justice has extensive

guidance on FVRA, which can be found on their website or by calling (202)

514-2051.

The Assistant to the President for Presidential Personnel coordinates all

activities relating to Presidential appointments.

Effective Date of PAS Appointments

Presidential appointments subject to Senate confirmation (PAS) are effective

on the date the President signs the commission document. However, the

individual’s pay does not begin until the appointee is sworn in and signs the

oath of office.

For individuals serving under a term PAS, the term begins on the effective

date of the appointment, i.e., the day the President signs the commission

document.

[OPM Contact: Kristopher Goas, (724) 794-5612 ext. 5890]

Pay and Leave

Individuals appointed by the President, with Senate confirmation, occupy

positions that are placed by law in the Executive Schedule, or are

established at pay rates equivalent to the Executive Schedule. This schedule

has five levels; Level I is the highest, and Level V is the lowest. In 2020,

annual pay rates for the Executive Schedule are: Level I ($219,200), Level

II ($197,300), Level III ($181,500), Level IV ($170,800), and Level V

($160,100). Locality pay does not apply to the Executive Schedule.

[Note: There is a pay freeze for certain senior political officials. See

page 24 for more information about this pay freeze.]

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Individuals in the executive branch who are appointed by the President to

positions in the Executive Schedule are not covered by the leave system.

They do not earn annual or sick leave and, therefore, are not charged leave

for absences from work.

Senior Executive Service (SES) Appointments

[OPM Contact: Kristopher Goas, (724) 794-5612 ext. 5890]

This subsection provides an overview of career and noncareer SES positions

and key transition issues, such as suspending the processing of SES

selections during a change of agency head and a 120-day moratorium on

SES reassignments during that period.

Overview

The SES is a unique executive personnel system that includes most of the

top managerial, supervisory, and policy positions in the executive branch

that are not required to be filled by Presidential appointment with Senate

confirmation.

SES Positions

Every 2 years, OPM allocates to each agency a specific number of SES

“spaces” based on agency needs. Within that numerical allocation, each

agency may establish SES positions and designate them as either “General”

or “Career Reserved.” OPM also assigns each agency a “Career Reserved

floor,” which is the minimum number of Career Reserved positions that must

be established within the agency at all times. Once an SES position has

been designated as General or Career Reserved, an agency must obtain OPM

approval to change that designation. [See 5 CFR part 214.] General

positions may be filled by career, noncareer, or limited appointees. Career

Reserved positions must be filled by career appointees to sustain public

confidence in the impartiality of the Government. OPM may make

temporary SES allocations available to individual agencies to help with

transitions.

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SES Noncareer Appointments

Agencies may make SES noncareer appointments to any SES General

position without regard to competitive requirements and may also set the

pay level of the appointees. However, an agency must receive a noncareer

appointment authority from OPM before making the appointment. The White

House Office of Presidential Personnel also must grant clearance for the

appointment before the appointment takes effect, except that an

appointment to any SES position within an independent regulatory

commission is not subject to review or approval by any officer or entity

within the Executive Office of the President. [See 5 U.S.C. 3392(d).] The

law limits the total number of SES positions that can be filled by noncareer

appointment to 10 percent of the Governmentwide SES space allocation and

25 percent of an individual agency’s allocation (unless the allocation is three

or less). Additional limitations have been imposed, administratively or by

other statutes, on an agency-by-agency basis.

Noncareer appointments can be terminated at any time with a 1-day notice.

Noncareer appointees removed from the Federal service have no right of

appeal to the Merit Systems Protection Board (MSPB). [See 5 U.S.C. 3592;

5 CFR part 359, subpart I.] A sample separation notice is provided in

Appendix C.

SES Limited Appointments

There are two types of SES limited appointments: limited term and limited

emergency. Limited term appointments may be made for up to 36 months

to positions with duties that will expire within 36 months or an earlier

specified time period. Limited term appointments are not used to

temporarily promote individuals to continuing SES positions. Limited

emergency appointments may be made for up to 18 months to meet a bona-

fide, unanticipated, urgent need. Limited appointments may be made only

to SES General positions. An individual may not serve more than 36 months

in a 48-month period on any combination of limited appointments. Limited

appointees must meet the qualification requirements established by the

agency.

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Agencies must obtain limited appointment authorities from OPM on a case-

by-case basis. However, OPM has provided each agency a pool of limited

authorities equal to 3 percent of its total SES position allocation, or one

authority, whichever is greater. An agency may use this pool to appoint a

career or career-type non-SES employee to a position that is appropriate for

SES limited term or SES limited emergency appointment without obtaining

OPM approval. In addition, to help with transitions, OPM may authorize a

limited term appointment authority for an individual who has been

nominated by the President, but whose appointment is pending Senate

confirmation. These limited appointments may not be made to the position

for which the individual has been nominated.

Limited appointments may be terminated at any time with a 1-day notice.

Limited SES appointees who are removed have no right of appeal to MSPB

on termination of the appointment. [See 5 U.S.C. 3592 and 5 CFR part 359,

subpart I.] However, some limited appointees have placement rights to

positions outside the SES. A career or career-type non-SES employee who

is given a limited appointment in the same agency has placement rights to

his or her former position or to one with like status, tenure, and grade or

pay. [5 CFR part 317, subpart F.] If such an individual was covered by 5

U.S.C. 7511 immediately before the SES limited appointment, he or she is

also entitled to adverse action procedures applicable to career SES

appointees in the event a removal based on conduct is proposed. [5 CFR

part 752, subpart F.] A career or career-type employee who accepts a

limited appointment in another agency has neither of these benefits.

SES Career Appointments

Career appointments may be made to either SES General or Career

Reserved positions. Career appointments have no time limitation and

provide certain job protections and benefits not conferred by noncareer and

limited appointments. Initial career appointments must meet competitive

SES merit staffing provisions at the time of selection for the SES. Following

selection by the agency, the individual’s executive qualifications must be

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approved by an OPM-administered Qualifications Review Board (QRB) before

the career appointment can be made.

Transition Issues: SES

Suspension of Processing of SES Candidates

In accordance with 5 CFR 317.502(d), OPM will suspend processing of an

agency’s SES Qualifications Review Board (QRB) cases when the agency’s

head departs or announces his or her departure. This is done to provide the

incoming head of that agency with a full opportunity to exercise his or her

prerogative to make or approve executive resource decisions that will affect

the agency’s performance during his or her tenure. To that end, OPM will

impose a moratorium on the processing of a particular agency’s SES QRB

cases when the head of that agency departs for any reason, effective

immediately upon the effective date of his or her departure. A QRB

moratorium will also be imposed when the head of an agency announces his

or her intention to leave that office, effective immediately upon that

announcement.

While a QRB moratorium is intended to preserve the prerogatives of an

incoming agency head, this must be balanced against the need for continuity

of agency operations during such transitions. Accordingly, OPM will consider

requests for exceptions to an agency’s QRB moratorium on a case-by-case

basis. Requests for exceptions should be signed by the agency head or the

official who is designated to act in the agency head’s absence and must

specifically address the potential for adverse impact on national security,

homeland security, or critical agency mission, program, or function if a

particular SES candidate is not immediately considered for certification.

Moratorium on SES Career Reassignments

Agencies may reassign SES career appointees to any SES position in the

agency for which they are qualified, following a 15-day advance written

notice for a reassignment that does not require a geographical move.

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Consultation with the executive, followed by 60 days’ advance written

notice, is required for a reassignment that includes a geographical move.

However, when there are changes in agency political leadership, the law

provides for a 120-day moratorium on involuntary reassignments of career

SES appointees. Career executives are always prepared to serve new

leadership. Balancing continuity and change is the fundamental

responsibility of the senior executive. The moratorium was established to

prevent peremptory reassignments by new appointees without adequate

knowledge of the career executives. An SES career appointee may not be

involuntarily reassigned within 120 days of the appointment of a new agency

head (including recess appointment) or within 120 days after the

appointment of a career appointee’s new noncareer supervisor who has the

authority to make that career appointee’s initial performance appraisal. A

voluntary reassignment during the 120-day period is permitted, but the

appointee must agree in writing before the reassignment.

The appointment of a new agency head always starts a 120-day

moratorium. Another official may not take a reassignment action, even if

that official has been in office more than 120 days. If a moratorium results

from appointment of a new noncareer supervisor, the agency head may not

take an involuntary reassignment action, even if the agency head has been

in office more than 120 days.

Designating an “acting” agency head or noncareer supervisor (e.g., by a

detail or when a deputy acts in the position) is not the same as making an

appointment. Therefore, the statutory moratorium does not come into play.

However, the agency, at its discretion, may choose to apply the moratorium

in such situations. In this case, if the “acting” individual later receives a

permanent appointment to the position without a break in service, time

spent under the agency-imposed moratorium counts toward the 120-day

moratorium initiated by the permanent appointment.

In calculating the 120-day moratorium, any days (not to exceed a total of

60) during which the career appointee is serving on a detail or other

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temporary assignment apart from the appointee’s regular position are not

counted. However, the moratorium provision does not restrict the total

length of a detail; i.e., it may exceed 60 days. [See 5 U.S.C. 3395; 5 CFR

part 317, subpart I.]

Career Appointees Who Accept Presidential Appointments

Presidential appointees are among the executives subject to change in a new

administration. However, a former SES career appointee who was appointed

by the President to a civil service position outside the SES without a break in

service, and who leaves the Presidential appointment for reasons other than

misconduct, neglect of duty, or malfeasance, is entitled by law to be

reinstated to the SES. If not voluntarily reinstated through direct

negotiations with an agency, the former career appointee may apply to OPM

up to 90 days after separation for a directed reinstatement. [See 5 U.S.C.

3593(b) and 5 CFR 317.703.]

Briefings for New SES Members

OPM sponsors 2-day briefings for new career SES members a few times each

year. These programs provide executives with an understanding of the

administration’s goals and priorities and an opportunity to gain a broader

perspective of executive branch domestic, economic, and foreign policy

issues and initiatives. SES members also gain information about the SES,

advice about working with Congress, knowledge of effective leadership

strategies, and opportunities for networking.

Appendix D contains additional technical guidance on the Senior Executive

Service.

Excepted Service Appointments

[OPM Contact: Katika Floyd, 202-606-0960]

The “excepted service” includes all positions in the executive branch that

have been excepted from the competitive service or the Senior Executive

Service (SES) by statute, the President, or OPM. [5 U.S.C. 2103]

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Schedule C Positions and Appointments

Schedule C positions are excepted from the competitive service because

they have policy-determining responsibilities or require the incumbent to

serve in a close and confidential working relationship with the head of an

agency or other key appointed official. [5 CFR 213.3301] Appointments to

Schedule C positions require advance approval from the White House Office

of Presidential Personnel and OPM. OPM does not review the qualifications

of a Schedule C appointee; final authority on this matter rests with the

appointing official.

Agencies may separate Schedule C appointees whenever the confidential or

policy-determining relationship between the incumbent and his or her

superior ends. Schedule C appointees are not covered by statutory removal

procedures and generally have no rights to appeal removal actions to the

Merit Systems Protection Board. This is true regardless of veterans’

preference or length of service in the position. Agencies should consult their

General Counsel or OPM’s General Counsel on Schedule C separations.

Appendix C contains a sample separation notice.

Establishing Regular Schedule C Positions

OPM authorizes the establishment of each Schedule C position and revokes

the exception from the competitive service when the position is vacated. [5

CFR 213.3301] The agency head must certify that the position was not

created solely or primarily for the purpose of detailing the incumbent to the

White House. A list of Schedule C positions is published annually in the

Federal Register, under part 213 of OPM’s regulations. The President can

also authorize individual exemptions by Executive order, such as those listed

at 5 CFR 6.8.

Temporary Transitional Schedule C Positions

To help with transitions, OPM has delegated authority to agencies to

establish a limited number of temporary transitional Schedule C positions.

[5 CFR 213.3302] Agencies can use this delegated authority during the 1-

year period immediately following a change in presidential administration,

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when a new department or agency head has entered on duty, or when a new

agency is created.

Agencies can make appointments under this authority for up to 120 days

and may extend the appointment once for up to 120 more days. The agency

must notify OPM within 5 working days that it has made an appointment to a

temporary transitional Schedule C position. Agencies must also notify OPM

within 3 working days when the position has been vacated. In addition, the

agency head or his or her designee must certify that the position was not

created solely or primarily for the purpose of detailing the incumbent to the

White House and must identify the position and incumbent.

When an agency plans to convert an employee in a temporary transitional

Schedule C position to a non-temporary (“regular”) Schedule C appointment,

the temporary appointment may be designated as a “provisional

appointment.” [5 CFR 316.403] This permits the agency to treat the

employee as a non-temporary appointee for benefits purposes. Provisional

appointments must be made under an authority established by law,

Executive order, or regulation, or granted by OPM. [5 CFR 316.403(b)].

Documentation instructions are in OPM’s Guide to Processing Personnel

Actions, Chapter 11, Excepted Service Appointments, available on OPM’s

website.

Briefings for New Schedule C Appointees

Historically, OPM, in conjunction with White House Presidential Personnel

Office, has sponsored 1-day briefings for new Schedule C and Non-Career

SES appointees. These briefings provide appointees with an understanding

of the President’s expectations, a broader perspective on executive branch

initiatives and priorities, and information on Government ethics, the Hatch

Act, and current domestic, economic, and foreign policy issues and

initiatives.

Overview: Schedules A, B, D, and E

In addition to the policy-determining or confidential positions described in

the preceding section, Congress, the President, or OPM can except other

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positions from the competitive service and the Senior Executive Service.

OPM excepts positions under Schedules A, B, D, and E for a variety of

reasons. Employees in these positions are not subject to change during

transitions.

Positions Excepted by Statute

Positions that have been excepted by statute include those in the Foreign

Service (Department of State); the Federal Bureau of Investigation in the

Department of Justice; all positions in the Tennessee Valley Authority, the

Government Accountability Office, and the U.S. Postal Service; and medical

employees of the Veterans Health Administration in the Department of

Veterans Affairs. Most of these positions are under separate merit systems

and are not subject to change during transitions.

Positions Excepted by the President or the Office of Personnel

Management

In certain circumstances, the President or OPM may except positions from

the competitive service. These exceptions are Schedule A, B, D, and E

positions.

• Schedule A Positions: Positions other than those of a confidential or

policy-determining character for which it is not practicable to

examine. Examples include attorneys, individuals with certain

disabilities, and short-term positions filled during an emergency. [5

CFR 213.3101-213.3102]

• Schedule B Positions: Positions other than those of a confidential or

policy-determining character for which it is not practicable to hold a

competitive examination. These appointments shall be subject to

noncompetitive examination as may be prescribed by OPM and are

subject to the basic qualification standards established by OPM for

the occupation and grade level. For example, developmental

positions associated with the SES candidate development program

are included under Schedule B. [5 CFR 213.3201]

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• Schedule D Positions: Positions other than those of a confidential or

policy-determining character for which the competitive service

requirements make impracticable the adequate recruitment of

sufficient numbers of students attending qualifying educational

institutions or individuals who have recently completed qualifying

educational programs. Schedule D (Pathways Programs) consists of

three programs: the Internship Program, the Recent Graduates

Program, and the Presidential Management Fellows Program.

[Executive Order 13562; 5 CFR 213.3401]

• Schedule E Positions: Positions of Administrative Law Judges (ALJ).

ALJs are currently employed in 28 Federal agencies to adjudicate

disputes involving various agency administrative and regulatory

programs. ALJs are responsible for presiding over agency hearings,

taking evidence, and acting as a fact finder in proceedings as well as

acting as a decision maker by making an initial determination about

the resolution of a dispute. All appointments of ALJs on or after July

10, 2018 are made into the excepted service under this schedule.

[Executive Order 13843]

• Schedule F Positions: Positions of a confidential, policy-determining,

policy-making, or policy-advocating character not normally subject to

change as a result of a Presidential transition shall be listed in

Schedule F. In appointing an individual to a position in Schedule F,

each agency shall follow the principle of veteran preference as far as

administratively feasible. [Executive Order 13957].

Schedule A, B, and D appointees who are eligible for veterans’ preference

and who have 1 year of qualifying service are entitled to statutory

procedural and appellate rights if they are removed from the Federal service

for conduct or performance reasons. In addition, excepted service

employees other than preference eligibles receive statutory procedural and

appellate rights, provided they have completed a probationary or trial period

under an initial appointment pending conversion to the competitive service

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or have completed 2 years of qualifying service. Proposed rule changes are

pending regarding changes for actions against ALJs. [5 U.S.C. 7511 and

7521, 5 CFR 930.211]

Expert and Consultant Appointments

[OPM Contact: Michelle Glynn, 202-606-0960]

Agencies may appoint experts and consultants to positions that primarily

require performance of advisory services, rather than performance of

operating functions, without regard to competitive civil service requirements.

[5 U.S.C. 3109] Agencies may use expert and consultant appointments for

individuals who have been nominated by the President, but not yet

confirmed. In addition, agencies may use this authority to appoint

individuals whose permanent excepted appointment is pending. [5 CFR

304.103(b)(6)] The individual and the work assigned must comply with the

expert or consultant requirements in 5 CFR part 304.

Agencies may not use expert and consultant appointments to avoid

employment procedures or solely in anticipation of a competitive

appointment. An expert and consultant appointment authority may not be

used to fill a position in the Senior Executive Service. [5 U.S.C. 3109]

However, if a position meets the criteria for placement in the SES, OPM may

authorize a limited appointment authority to appoint an individual during the

transition period.

Experts and consultants appointed under 5 U.S.C. 3109 may not be paid

more than the daily or biweekly rate for GS-15, step 10, excluding locality

pay or any other additional pay, unless a higher rate is specifically

authorized by statute. [5 CFR 304.105.] They may also be reimbursed for

travel (if they are intermittent employees), but not for moving expenses.

They may participate in orientation and training programs at Government

expense.

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IV. Compensation

Pay and Leave

[OPM Contacts: Jeanne Jacobson (pay), Jennifer Melvin (leave), 202-606-

2858, unless otherwise stated]

This section provides information on basic salary levels, locality pay,

aggregate pay limits, pay flexibilities available to address staffing difficulties,

pay for reemployed annuitants, leave, and pay on separation from the

Government.

The Consolidated Appropriations Act, 2020, contains a provision that

continues the freeze on the payable pay rates for the Vice President and

certain senior political appointees at the rates of pay and applicable

limitations on payable rates of pay in effect on December 31, 2019. (See

section 749 of Division C of the Act.) See OPM guidance memorandum CPM

2019-28 on the CHCO website. The official statutory rates of pay for the

Vice President and Executive Schedule positions are used in determining the

rate ranges and aggregate pay limitations for employees and pay systems

unaffected by the pay freeze.

The President’s August 3, 2010, memorandum freezing discretionary

awards, bonuses, and similar payments for political appointees continues in

effect until further notice. Agencies should continue to apply this freeze until

further notice in accordance with OPM’s guidance.

Basic Salary Levels

• Executive Schedule: Sections 5311 through 5318 of title 5, United

States Code, prescribe the salaries of most positions filled by

Presidential appointees at levels I through V of the Executive

Schedule. In 2020, Executive Schedule salaries range from $160,100

(level V) to $219,200 (level I). Executive Schedule officials do not

receive locality pay. Section 2 of the Presidential Appointment

Efficiency and Streamlining Act of 2011 (Public Law 112-166, August

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10, 2012) removed the Senate confirmation requirement for certain

Presidential appointment positions in a number of agencies. Section

2(hh) provided that removal of the Senate confirmation requirement

under section 2 would not (1) result in any such position being placed

in the Senior Executive Service or (2) alter compensation for any

such position under the Executive Schedule or other applicable

compensation provisions of law.

• Senior Executive Service: Agency heads may set the salaries of

members of the Senior Executive Service (SES) at a rate within a

range fixed by statute. The maximum SES rate is the rate for level II

or III of the Executive Schedule, with the higher level II maximum

applicable only to SES positions covered by a certified SES

performance appraisal system. In 2020, SES basic salaries may

range from a minimum rate of $131,239 to a maximum rate of

$181,500 (or $197,300 for SES positions covered by a certified SES

performance appraisal system). SES members do not receive locality

pay. [Note: An exception applies to certain “grandfathered” SES

members stationed in a nonforeign area on January 2, 2010.]

Generally, an SES member may receive a pay adjustment only once

during any 12-month period.

[OPM Contact: Danielle Opalka, 202-606-2076]

• Senior-Level Positions: The senior-level pay system [5 U.S.C.

5376] applies to both senior-level (SL) positions established under 5

U.S.C. 5108 and scientific and professional (ST) positions established

under 5 U.S.C. 3104. These include high-level positions without

executive responsibilities, as well as positions that the law or the

President excludes from the SES. Agency heads may set the pay of

an SL or ST employee at any rate within a range fixed by statute. In

2020, basic salaries may range from a minimum rate of $131,239 to

a maximum rate of $181,500 (or $197,300 for SL or ST positions

covered by a certified performance appraisal system). SL and ST

employees do not receive locality pay.

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[Note: An exception applies to certain “grandfathered” SL and ST

employees stationed in a nonforeign area on January 2, 2010.]

[OPM Contact: Danielle Opalka, 202-606-2076]

• General Schedule: The General Schedule (GS) pay system has 15

grade levels, with 10 salary steps at each grade. The maximum rate

of basic pay in 2020 is $142,180 (GS-15, step 10), excluding locality

pay. In 2020, additional locality payments for employees in the

United States and its territories and possessions range from 15.95

percent to 41.44 percent. No locality-adjusted rate may exceed the

rate for level IV of the Executive Schedule – $170,800 in 2020. A

new GS employee generally enters at the first step of the appropriate

grade. Most Schedule C employees are under the GS pay system.

• Special Pay Authorities: Around 22 percent of the Federal

Government’s 1.9 million white collar workers are not paid under the

General Schedule but are paid under other statutory authorities. For

example, the Administrator of the Federal Aviation Administration

(FAA) may set pay for FAA employees. The President may set the

pay of certain White House employees.

Locality Pay

Most white-collar Federal employees – including GS employees, but

excluding most SES members, most SL and ST employees, and all Executive

Schedule officials – are eligible for supplemental locality-based payments in

addition to the rate of basic pay. These payments apply only in the United

States and its territories and possessions. In 2020, the locality payments

range from 15.95 to 41.44 percent. The maximum locality-adjusted rate of

pay for GS employees is the rate for Executive Schedule level IV ($170,800

in 2020).

Aggregate and Premium Pay Limitations

Most Federal employees are subject to an annual aggregate pay limitation

under 5 U.S.C. 5307 that restricts the total amount of pay an employee may

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receive in any calendar year. Pay in excess of the limitation is payable at

the beginning of the next calendar year and counts toward the next year’s

limit. For SES members and SL and ST employees covered by certified

performance appraisal systems, the aggregate pay limit is the annual rate of

pay for the Vice President ($253,300 in 2020). For all others, the aggregate

pay limit is the annual rate of pay for level I of the Executive Schedule

($219,200 in 2020). [5 CFR part 530, subpart B]

In addition, General Schedule (GS) employees and other covered employees

may receive certain types of premium pay (including overtime pay for

employees exempt from the Fair Labor Standards Act, Sunday pay, night

pay, and holiday pay) for a biweekly pay period only to the extent that the

sum of basic pay and premium pay for the pay period does not exceed the

greater of the biweekly rate payable for (1) GS-15, step 10 (including any

applicable locality payment or special rate supplement), or (2) the rate

payable for level V of the Executive Schedule. [See 5 U.S.C. 5547(a) and 5

CFR 550.105.] In certain emergency or mission-critical situations, an

agency may apply an annual premium pay cap instead of a biweekly

premium pay cap, subject to the conditions provided in law and regulation.

[5 U.S.C. 5547(b) and 5 CFR 550.106 and 550.107.] For basic guidance on

overtime pay and compensatory time off for Schedule C employees, see OPM

Memo Overtime Pay and Compensatory Time Off for Schedule C Employees.

Pay Flexibilities

Agencies may use a number of discretionary pay flexibilities to deal with

well-documented staffing difficulties. Specific statutory and regulatory

conditions govern the use of each of these flexibilities, including agency

justification and documentation requirements. Agencies should exercise

these flexibilities judiciously, especially when hiring other than career

employees. These payments are subject to public scrutiny and third-party

review. They should be used only when necessary to address documented

staffing problems. Given the current fiscal environment, agencies should

monitor the use of any compensation flexibilities so that they are also used

in accordance with budgetary limitations.

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Advance Payments

An agency may provide for the advance payment of basic pay (including any

locality payment) covering not more than two pay periods to any individual

who is newly appointed to a position, except as an agency head. [5 CFR

part 550, subpart B]

Above Minimum Hiring Rates – General Schedule

Agencies may set the pay of an individual newly appointed to a General

Schedule position at a step above the first step of his or her grade based on

the employee’s superior qualifications or a special need of the agency for the

employee’s services. An agency may use this flexibility at any appropriate

GS grade. The agency may set pay at the higher step only upon initial

appointment or upon reappointment after a 90-day break in service. [5 CFR

531.212]

Pre-Employment Interviews – Payment of Travel and Transportation

Expenses

Agencies may pay travel and transportation expenses for travel to and from

pre-employment interviews to any individual they consider for employment.

Travel expenses to attend confirmation hearings are considered part of the

pre-employment interview process. Agencies may also pay the travel

expenses of a new appointee from his or her place of residence at the time

of selection or assignment to the duty station. [5 CFR part 572]

Recruitment and Relocation Incentives

Agencies have the authority to pay recruitment and relocation incentives.

An agency may not pay a recruitment or relocation incentive to an employee

in a position-

• to which the individual was appointed by the President;

• in the Senior Executive Service (SES) as a noncareer appointee;

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• which has been excepted from the competitive service by reason of

its confidential, policy-determining, policy-making, or policy-

advocating character (Schedule C);

• designated as the head of an agency, including an agency headed by

a collegial body composed of two or more individual members;

• in which the employee is expected to receive an appointment as the

head of an agency; or

• in the SES as a limited term appointee or limited emergency

appointee when the appointment must be cleared through the White

House Office of Presidential Personnel.

An agency may pay an incentive to an employee newly hired in the Federal

Government (i.e., a recruitment incentive) or to an employee who must

relocate (i.e., a relocation incentive) to fill a position that would otherwise be

difficult to fill. In return, the employee must sign an agreement to complete

a period of service with the agency (6-month minimum for recruitment

incentives). The total amount of recruitment or relocation incentive

payments may not exceed 25 percent of the annual rate of basic pay of the

employee at the beginning of the service period, multiplied by the number of

years in the service period. With OPM approval, this cap may be raised to

50 percent (based on a critical agency need), as long as the total incentive

does not exceed 100 percent of the employee’s annual rate of basic pay at

the beginning of the service period.

An agency may pay a recruitment or relocation incentive as an initial lump-

sum payment at the beginning of the service period, in equal or variable

installment payments throughout the service period, as a final lump-sum

payment upon completion of the service period, or in a combination of these

methods. Agencies may pay recruitment and relocation incentives to

employees under the General Schedule, Senior Executive Service, senior-

level pay system, Executive Schedule, and certain other pay systems.

Recruitment and relocation incentives are subject to the aggregate limitation

on total pay that an employee may receive in a calendar year. [5 CFR part

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575, subparts A and B] (See “Aggregate and Premium Pay Limitations”

section above).

Retention Incentives

Agencies may also pay retention incentives, but the same categories of

employees who are excluded from receiving recruitment and relocation

incentives are also barred from receiving retention incentives. An agency

may pay an incentive to a current employee if—

• The agency determines that the unusually high or unique

qualifications of the employee or a special agency need for the

employee’s services makes it essential to retain the employee if he or

she would be likely to leave the Federal Government (for any reason,

including retirement) in the absence of a retention incentive; or

• The agency has a special need for the employee’s services that

makes it essential to retain the employee in his or her current

position during a period of time before the closure or relocation of the

employee’s office, facility, activity, or organization and the employee

would be likely to leave for a different position in the Federal service

in the absence of a retention incentive.

An agency must establish a single retention incentive rate for each individual

or group of employees, expressed as a percentage of each employee’s rate

of basic pay, not to exceed 25 percent (for an individual employee) or 10

percent (for a group or category of employees). With OPM approval, this

cap may be increased to as much as 50 percent. An agency may pay a

retention incentive in installments after the completion of specified periods

of service or in a single lump sum after completion of the full period of

service required by the service agreement. Agencies may pay retention

incentives to employees under the General Schedule, Senior Executive

Service, senior-level pay system, Executive Schedule, and certain other pay

systems. Retention incentives are also subject to the aggregate limitation

on total pay that an employee may receive in a calendar year. [5 CFR part

575, subpart C] (See “Aggregate and Premium Pay Limitations” section).

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Special Rates

OPM may establish higher rates of basic pay for a group or category of

General Schedule positions in one or more geographic areas. The special

rate authority is used to address significant or likely significant difficulties in

recruiting or retaining well-qualified employees. OPM may establish special

rates by occupational series, specialty, grade-level, and/or geographic area.

Special rate supplements are applied to the base General Schedule. No

special rate may be established in excess of the rate of basic pay payable for

level IV of the Executive Schedule. [5 U.S.C. 5305 and 5 CFR part 530,

subpart C]

Critical Position Pay

At an agency head’s request, OPM may, in consultation with the Office of

Management and Budget, grant authority to fix the rate of basic pay for one

or more positions at a higher rate than would otherwise be payable for the

position. The position under consideration must require an extremely high

level of expertise in a scientific, technical, professional, or administrative

field that is critical to the successful accomplishment of an important agency

mission. Up to 800 positions may be covered Governmentwide. The

authority allows for setting pay up to the rate for level II of the Executive

Schedule, level I of the Executive Schedule if an agency demonstrates

exceptional circumstances, or greater than the rate for level I of the

Executive Schedule in rare circumstances. [5 U.S.C. 5377 and 5 CFR part

535]

Student Loan Repayments

For most types of employees, agencies can establish a program under which

they may repay certain types of Federally-made, insured or guaranteed

student loans as an incentive to recruit or retain highly-qualified personnel.

Under this authority, an agency may make loan payments to a loan holder of

up to $10,000 for an employee in a calendar year up to an aggregate

maximum of $60,000 for any one employee. In return, the employee must

sign a service agreement to remain in the service of the paying agency for a

period of at least 3 years. If the employee separates voluntarily or is

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separated involuntarily for cause or poor performance before fulfilling the

service agreement, he or she must reimburse the paying agency for all

student loan repayment benefits received. An agency may not provide

student loan repayment benefits to an employee occupying a position

excepted from the competitive service because of its confidential, policy-

determining, policymaking, or policy-advocating character (e.g., Schedule C

appointees). [5 CFR part 537]

Reemployed Annuitants

[OPM Contact: Michelle Glynn, 202-606-0960]

In most cases, when Federal retirees (covered by the Civil Service

Retirement System or the Federal Employees’ Retirement System) are

reemployed in the Federal service, they continue to receive their annuities

and their salaries are offset by the amount of their annuities. [5 U.S.C.

8344 and 8468] The offset also applies when retirees are appointed as

experts or consultants. An agency may request that OPM waive the offset

requirement in limited circumstances set out in statute and OPM regulations.

[5 CFR part 553] In addition, section 1107 of the National Defense

Authorization Act (NDAA) for Fiscal Year 2015, as amended, provides the

authority for the head of an agency to grant salary offset or “dual

compensation” waivers on a temporary basis, and under specified

circumstances, without OPM approval, through December 31, 2024.

Federal retirees who return to work under an appointment with the

Department of Defense continue to receive their annuities and receive their

full salaries without offset. (Under certain circumstances, though, retirees

returning to work for the Department of Defense may elect to have their

salaries offset by the amount of their annuities in order to obtain higher

retirement benefits after their reemployment ends.)

The CSRS annuity of reemployed Members of Congress and CSRS retirees

who receive a Presidential appointment may be terminated at

reemployment.

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Employees should consult with the Human Resources Office in their

employing agency for further information.

Leave

In general, officers and employees who are appointed by the President (PAS

and PA) are not covered by the Federal leave system established by 5 U.S.C.

chapter 63 if their rate of basic pay equals or exceeds the rate for level V of

the Executive Schedule. [5 CFR 630.211(a)(3)] These Presidential

appointees do not earn annual and sick leave and cannot be charged leave

for absences from work. However, members of the SES and employees in

senior-level (SL) and scientific and professional (ST) positions are covered

by the Federal leave system even if they were appointed by the President.

Career SES members who accept a Presidential appointment without a break

in service to a position outside the SES at a rate of basic pay equivalent to

or higher than level V of the Executive Schedule can elect to retain their SES

leave benefits and continue to earn leave while serving in the Presidential

appointment. Under 5 U.S.C. 6301(2)(xi) and 5 CFR 630.211, an agency

head may exclude a Presidential appointee from coverage under the leave

system under certain conditions.

Annual Leave

Generally, employees earn 13, 20, or 26 days of annual leave a year,

depending on years of service. However, SES members, SL and ST

employees, and certain employees in positions deemed by OPM to be

equivalent to SES or SL/ST positions accrue 8 hours of annual leave each

biweekly pay period, regardless of years of service. Annual leave accrues

incrementally, i.e., 4, 6, or 8 hours every pay period. SES members, as well

as SL/ST employees and employees in positions designated under 10 U.S.C.

1607(a) as Intelligence Senior Level positions, may carry over up to 90 days

of annual leave to the next leave year; most other employees may carry

over up to 30 days of annual leave. A supervisor may grant advanced

annual leave at his or her discretion, consistent with the agency’s leave

policy. The amount of annual leave that may be advanced may not exceed

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the amount of annual leave the employee will accrue in the remainder of the

leave year.

Note: Under certain conditions, an agency may give a newly-appointed

employee, or an employee who is reappointed following a break in service of

at least 90 calendar days, credit for qualifying non-Federal service or

experience in the uniformed service in determining the employee’s rate of

annual leave accrual. The head of the agency, or his or her designee, must

determine that the individual’s skills and experience are essential to the new

position and were acquired through performance in a non-Federal or

uniformed service position having duties directly related to the position to

which he or she is being appointed and that the use of this authority is

necessary to achieve an important agency mission or performance goal. The

determination must be made prior to the employee’s entry on duty. [5

U.S.C. 6303(e) and 5 CFR 630.205]

Sick Leave

Employees earn 13 days of sick leave each year (which accumulates without

limit in succeeding years). Sick leave also accrues incrementally, i.e., 4

hours each biweekly pay period. Sick leave is a paid absence from duty that

an employee is entitled to use for personal medical needs, general family

care purposes, care of a family member with a serious health condition,

adoption-related purposes, bereavement, and for the care of a covered

service member with a serious injury or illness provided the employee

invokes his or her entitlement to leave under the Family and Medical Leave

Act (FMLA).

There is no limitation on the amount of sick leave an employee can use for

his or her own personal medical needs or for adoption-related purposes. An

employee may use up to 12 weeks (480 hours) of sick leave each leave year

to care for a family member with a serious health condition, which includes

13 days (104) hours) of sick leave for general family care or bereavement

purposes. An employee is entitled to no more than a combined total of 12

weeks of sick leave each leave year for all family care purposes. Sick leave

may be advanced at the discretion of the agency and consistent with agency

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policy. An agency may advance up to 30 days (240 hours) of sick leave to

an employee for purposes that include the employee’s or family member’s

serious health condition, for adoption-related purposes, and for the care of a

covered service member with a serious injury or illness provided the

employee invokes his or her entitlement to FMLA leave. An agency may

advance up to 13 days (104 hours) of sick leave to an employee for the

employee’s or family member’s general medical needs or certain other

purposes, including bereavement. [5 U.S.C. 6307 and 5 CFR part 630,

subpart D]

Family and Medical Leave

Under the Family and Medical Leave Act of 1993 (FMLA), an employee is

entitled to a total of 12 workweeks of unpaid leave during any 12-month

period for:

1. the birth of a child and care of the newborn;

2. the placement of a child with the employee for adoption or foster care;

3. the care of an employee’s spouse, son or daughter, or parent with a

serious health condition;

4. an employee’s own serious health condition that makes him or her unable

to perform the duties of his or her position; and

5. any qualifying exigency arising out of the fact that the spouse, son,

daughter, or parent of the employee is on covered active duty (or has

been notified of an impending call or order to covered active duty) in the

Armed Forces.

Employees who are family members of a service member with a serious

injury or illness that he or she incurred in the line of duty while on active

duty in the Armed Forces, and who are providing care for that service

member, are entitled to up to 26 weeks of FMLA leave (military family leave)

during a single 12-month period to care for the service member. During the

single 12-month period, the employee is entitled to a combined total of 26

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weeks of regular FMLA leave and military family leave. An employee may

substitute annual leave, sick leave, advanced annual or sick leave, or

donated annual leave under the leave sharing programs, consistent with

current laws and OPM regulations for using such leave, for unpaid leave

under the FMLA. Employees must have 12 months of service (which need

not be continuous or recent months) to qualify to take FMLA leave. [5

U.S.C. chapter 63, subchapter V and 5 CFR part 630, subpart L]

Paid Parental Leave

Under the Federal Employee Paid Leave Act (FEPLA) (subtitle A of title LXXVI

of division F of the National Defense Authorization Act for Fiscal Year 2020,

Public Law 116-92, December 20, 2019), an employee with a qualifying birth

or placement (for adoption or foster care) event occurring on or after

October 1, 2020 is entitled to up to 12 administrative workweeks of paid

parental leave (PPL), which may be substituted for unpaid leave taken under

FMLA. PPL may only be used during the 12-month period following the birth

or placement involved, after which any unused PPL will be forfeited. An

employee may not receive a lump-sum payment for any unused or forfeited

PPL under any circumstance, and the leave may not be saved for use for a

future birth or placement.

Agencies may require their employees to provide appropriate documentation

showing that the employee’s use of PPL is directly connected to a birth or

placement that has occurred and are responsible for determining what

documentation is sufficient proof of entitlement. Before an employee may

receive and use PPL, the employee must agree in writing to work at least 12

weeks for the employing agency that employs the employee as of the date

the use of PPL concludes. Failure to complete the 12-week work obligation

may result in an employee being required to make a reimbursement to the

agency (or agencies) that employed the employee during use of paid

parental leave. The determination to impose the reimbursement is at the

agency’s sole and exclusive discretion, unless a waiver is required by statute

and regulation. The reimbursement is equal to the total amount of any

Government contribution the agency paid to maintain the employee’s health

U.S. OPM Presidential Transition Guide

insurance coverage under the Federal Employees Health Benefits Program

during the period that paid parental leave was used. [5 U.S.C. 6382]

Leave Transfer and Leave Bank Programs

An employee who has a personal or family medical emergency and who has

exhausted his or her own available paid leave may receive donated annual

leave from other Federal employees through the voluntary leave transfer

program (VLTP) or voluntary leave bank program (VLBP). All agencies must

have a leave transfer program. In addition, agencies are strongly

encouraged to establish a leave bank program for their employees. There is

no limit on the amount of donated annual leave a leave recipient may

receive from leave donors or the agency leave bank. However, any unused

donated leave must be returned to the leave donors or the agency leave

bank, as applicable, when the medical emergency ends. An employee may

participate concurrently in both the VLTP and VLBP, if available. [5 U.S.C.

chapter 63, subchapters III and IV, and 5 CFR part 630, subparts I and J]

Leave Transfer for Combat-related Disability

An employee who sustains a combat-related disability while serving as a

member of the Armed Forces (including a reserve component) and is

undergoing medical treatment for that disability may receive donated annual

leave from other Federal employees through the voluntary leave transfer

program without having to exhaust his or her available paid leave. A

qualified leave recipient is eligible to receive donated annual leave for up to

5 years from the start of the employee’s treatment, as long as the employee

continues to undergo such medical treatment. The statutory authority for

this program was enacted on January 28, 2008. For an employee who was

already undergoing medical treatment on that date, the 5-year period begins

on the date of enactment. [5 U.S.C. chapter 63, subchapter III]

Emergency Leave Transfer Program

In the event of a major disaster or emergency as declared by the President

that results in severe adverse effects for a substantial number of Federal

employees, OPM, in consultation with the Office of Management and Budget

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(OMB), may establish an emergency leave transfer program (ELTP). Under

an ELTP, employees in the executive and judicial branches, or agency leave

banks, may donate annual leave to employees of the same or other

agencies, or the judicial branch, who are adversely affected, or have family

members who are adversely affected, by the disaster or emergency (e.g.,

floods, earthquakes, hurricanes, bombings). Once an ELTP is established,

agencies with affected employees administer the program for their

employees. [5 U.S.C. 6391 and 5 CFR part 630, subpart K]

Disabled Veteran Leave

An employee hired on or after November 5, 2016, who is a veteran with a

service-connected disability rating of 30 percent or more from the Veterans

Benefits Administration of the Department of Veterans Affairs is entitled to

up to 104 hours of disabled veteran leave (DVL) for the purposes of

undergoing medical treatment for such disability. DVL is a one-time benefit

provided to an eligible employee. The employee has a single, continuous

12-month eligibility period, beginning on the “first day of employment” (as

that term is defined in the regulations) in which to use the leave or it will be

forfeited. [5 U.S.C. 6329 and 5 CFR part 630, subpart M]

Military Leave

An employee whose appointment is not limited to less than 1 year is entitled

to military leave, which is time off at full pay for certain active or inactive

duty in the National Guard or a Reserve of the Armed Forces. Two types of

military leave are most common. First, employees are entitled to 15 days of

military leave per fiscal year for active duty, active duty training, inactive

duty training, or funeral honors duty. Up to 15 days may be carried over

into the next fiscal year. Second, employees are entitled to 22 workdays of

military leave per calendar year for emergency duty as ordered by the

President, the Secretary of Defense, or a State Governor when the

employees perform military duties in support of civil authorities in the

protection of life and property, or when they perform full-time military

service as a result of a call or order to active duty in support of a

contingency operation as defined in section 101(a)(13) of title 10, United

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States Code. For the 22 days of military leave, an employee’s civilian pay is

reduced by the amount of military pay for the days of military leave. None

of the 22 days may be carried over into the next calendar year. [5 U.S.C.

6323]

Court Leave

An employee is entitled to paid time off without charge to leave for service

as a juror or witness in a judicial proceeding in which the Federal, State, or

local government is a party. [5 U.S.C. 6322]

Leave for Bone-Marrow or Organ Donors

An employee is entitled to 7 days of paid leave each calendar year to serve

as a bone-marrow donor and 30 days each calendar year to serve as an

organ donor. [5 U.S.C. 6327]

More Information

Additional information about the Federal Government’s leave programs,

including those described above, is available on OPM’s website.

Separation Payments

Certain payments may be payable to an individual who is separated from the

Federal service.

Severance Pay

Severance pay is authorized for full-time and part-time employees who are

involuntarily separated from Federal service and who meet other conditions

of eligibility. To be eligible for severance pay, an employee must be serving

under a qualifying appointment, have completed at least 12 months of

continuous service, and be removed from Federal service involuntarily for

reasons other than misconduct or unacceptable performance. A Presidential

appointment, an excepted appointment under Schedule C, a noncareer

appointment in the SES (as defined in 5 U.S.C. 3132(a)), and an equivalent

appointment made for similar purposes, are not qualifying appointments;

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therefore, an individual serving under one of these appointments is not

eligible for severance pay. [5 U.S.C. 5595 and 5 CFR part 550, subpart G]

Career SES appointees who accept Presidential appointments may elect to

retain severance pay benefits. [5 U.S.C. 3392(c) and 5 CFR part 317,

subpart H]

Lump-Sum Payments for Unused Annual Leave

An employee who is covered by the Federal leave system and who separates

from Federal service or who enters on active duty and elect to receive a

lump-sum payment are entitled to a lump-sum payment for unused annual

leave. The lump-sum payment generally equals the pay the employee would

have received if the employee had remained in Federal service on annual

leave (as provided in OPM regulations at 5 CFR 550.1205). This payment

excludes (among other things) any incentives or allowances that are paid for

the sole purpose of encouraging an employee to remain in Government

service, such as retention incentives and physicians comparability

allowances. Most Presidential appointees (PAS and PA) are excluded from

coverage under the Federal leave system and therefore do not receive lump-

sum annual leave payments upon separation. [5 U.S.C. 5551 and 5552 and

5 CFR part 550, subpart L]

A Federal employee covered by the Federal leave system who receives a

Presidential appointment to a leave-exempt position does not receive a

lump-sum payment for his or her unused annual leave. The unused annual

leave is held in abeyance for recredit if and when the employee is

subsequently reemployed in a position covered by the Federal leave system.

If the individual separates from Federal service while under such a

Presidential appointment, the employee will receive a lump-sum payment for

unused annual leave based on the rate of pay in effect for the position the

employee held immediately before the employee accepted the Presidential

appointment. [5 CFR 550.1203(e)]

[Reminder: These lump sum payments are treated as taxable income.]

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When an employee who received a lump-sum payment for annual leave is

reemployed in the Federal service before the end of the annual leave period

covered by the lump-sum payment, the employee must refund a portion of

the lump-sum payment. The refunded portion covers the period between

the date of reemployment and the expiration of the lump-sum leave period.

Upon full refund, the employing agency will recredit to the employee the

amount of annual leave that is equal to the days or hours of work remaining

between the date of reemployment and the expiration of the lump-sum

leave period. [5 U.S.C. 6306]

Retirement, Health and Life Insurance, and Other Benefits

[OPM Contact: Karen McManus, 202-606-0788]

New Employees

Note: Reemployed Federal annuitants’ benefits may be handled differently

from that of other employees. Each agency’s Human Resources Office can

provide the necessary information to these employees.

Health Insurance (FEHB)

Eligibility for participation in the Federal Employees Health Benefits (FEHB)

Program depends on the type of Federal appointment. Generally, full-time

and part-time Federal employees, as well as seasonal, temporary or

intermittent Federal employees for whom the employing office expects the

total hours in pay status (including overtime hours) plus qualifying leave

without pay hours to be at least 130 hours per calendar month, are eligible

to enroll in FEHB.

Members of Congress and certain “designated” Congressional staff are not

eligible to purchase a health benefit plan for which OPM contracts and

approves under the FEHB, but may purchase health benefit plans on the

District of Columbia Small Business Health Options Program (DC SHOP).

These individuals may receive a Government contribution toward that

purchase just as other Federal employees receive such a contribution toward

FEHB.

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Individuals with temporary appointments designated as “provisional” are

eligible for FEHB coverage, since this type of appointment is used to

expedite placement in a position expected to be permanent while the

necessary procedures required for non-temporary appointment are

proceeding, such as a pending Senate confirmation or security clearance.

After the initial opportunity to enroll, the Program permits enrollments and

changes to existing enrollments during the annual Federal Benefits Open

Season conducted each year from mid-November through mid-December; in

addition, certain enrollment changes are permitted throughout the year upon

the occurrence of certain other qualifying life events such as a change in

family status.

• Plans: Eligible new employees will receive information describing

available plans from the employing agency and must make an

enrollment election within 60 days of becoming eligible. Generally, to

enroll, new employees complete and submit a Health Benefits

Election Form (SF 2809) to their employing office’s human resources

department; in addition, some agencies may have electronic

enrollment available. The Program offers each employee a number of

Governmentwide fee-for-service plans (some of which require

membership in an employee organization) and health maintenance

organizations serving the geographic area in which the employee

lives or works. Enrollment types include Self Only, Self Plus One, or

Self and Family.

• Cost: The Government contribution equals 72 percent of the

program-wide weighted average of subscription charges in effect

each year, for Self Only, Self Plus One, and Self and Family

enrollments, subject to the maximum of 75 percent of the charges for

any particular plan or option. Employees are subject to payroll

withholdings for health plan costs in excess of the Government

contribution.

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• Premium Conversion: Eligible new employees who elect to enroll in

the FEHB Program will participate automatically in premium

conversion unless they waive participation. Premium conversion is a

tax benefit. It allows an employee’s contribution for FEHB coverage

to be made on a pre-tax basis, which means that the money is not

subject to Federal income, Medicare, or Social Security taxes.

• Consumer-Driven Health Plans: Consumer Driven Health Plans

(CDHPs) are types of health plans that give you greater control over

the cost of your health care. The plan does not pay for health care

until you meet a deductible that is higher than traditional health

insurance but members may access a medical fund to pay for health

care and, if the fund is lower than the deductible, pay out-of-pocket

for health care until the deductible is met.

A specific type of CDHP is a High Deductible Health Plan (HDHP).

HDHPs are offered in the FEHB Program, with health savings accounts

(HSAs) and, for those not eligible, health reimbursement

arrangements (HRAs). An HDHP with a Health Savings Account

(HSA) provides traditional medical coverage and a tax-free way to

build savings for future medical expenses. The HDHP features higher

annual deductibles than other traditional health plans (for 2020, a

minimum of $1,400 for Self Only and $2,800 for Self Plus One or Self

and Family coverage). The maximum out-of-pocket limitations for

HDHPs participating in the FEHB Program in 2020 are $6,900 for Self

Only and $13,800 for Self Plus One and Self and Family enrollment.

The HSA and HRA associated with each HDHP will be funded from

premiums. The contribution or credit amount will vary from plan to

plan. Monies in an employee’s HSA belong to the employee and will

remain in that account until used for qualified medical expenses.

Monies in an employee’s HRA belong to the employer, and not the

employee, and are managed by the health plan. They do not earn

interest and are not portable. The HRA may continue to be used for

qualified medical expenses so long as the employee does not switch

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to another health plan or separate from Federal service, except to

retire. More information on this option is on OPM’s website.

Life Insurance (FEGLI)

Eligibility to participate in the Federal Employees’ Group Life Insurance

(FEGLI) Program depends on the type of Federal appointment. Generally,

Federal employees who receive appointments limited to 1 year or less are

excluded.

However, individuals with temporary appointments designated as

“provisional” are eligible as explained in the Health Insurance section.

If life insurance coverage is waived during a new employee’s first

opportunity to enroll, which ends 60 days after the employee’s appointment

date in an eligible position, subsequent open enrollment opportunities to

elect coverage are very limited. Enrollment will be accepted within 60 days

after a change in family circumstances (marriage or divorce, a spouse’s

death, or acquisition of an eligible child) or, for any coverage except Option

C, upon medical evidence of insurability.

• Basic: Eligible employees automatically receive Basic life insurance

coverage unless they file a written waiver. The Basic insurance

amount is equal to the greater of $10,000, or the total of employee’s

annual rate of basic pay, rounded up to the next even $1,000, plus

$2,000. It includes additional coverage for employees under age 45,

plus accidental death and dismemberment coverage (AD&D).

• Optional: Basic must be in effect in order to elect any Optional

coverage. The Program offers three types of Optional life insurance,

which employees may elect within 60 days of becoming eligible

without evidence of good health. Option A offers $10,000 life

insurance and AD&D coverage; Option B offers life insurance (no

AD&D) coverage in multiples of 1, 2, 3, 4, or 5 times the employee’s

annual rate of basic pay (rounded up to the next even $1,000); and

Option C is life insurance (no AD&D) on the employee’s eligible family

U.S. OPM Presidential Transition Guide

members in multiples of 1, 2, 3, 4, or 5 times the amount of $5,000

on death of a spouse and $2,500 on death of an eligible child.

• Cost: The cost of Basic life insurance is shared by the employee and

the Government; the employee pays two-thirds, and the Government

pays one-third. The employee’s biweekly premium is 15 cents per

$1,000 of the Basic insurance amount. Employees pay the full cost of

all Optional insurance, and premiums for Optional insurance are

based on 5-year age bands beginning at age 35.

Flexible Spending Accounts (FSAFEDS)

New employees working for an executive branch agency, or an agency that

has adopted the Federal Flexible Benefits Plan ("FedFlex"), can elect to

participate in the Federal Flexible Spending Accounts Program (FSAFEDS).

FSAFEDS offers three different flexible spending accounts (FSAs): a health

care flexible spending account, a limited expense health care flexible

spending account, and a dependent care flexible spending account.

Information on this program is on the FSAFEDS website.

New employees have 60 days after their entry on duty to enroll in this

program; however, new enrollments are not accepted after September 30.

In addition, there is an enrollment opportunity each year during the Federal

Benefits Open Season at which time eligible employees may enroll in Flexible

Spending Accounts for the following year.

Long Term Care Insurance (FLTCIP)

Most Federal and U.S. Postal Service employees and annuitants, active and

retired members of the uniformed services, and their qualified relatives are

eligible to apply for insurance coverage under the Federal Long Term Care

Insurance Program (FLTCIP). An eligible employee is one who serves in a

position that conveys eligibility for the FEHB Program, even if he or she does

not enroll in FEHB. The Program is medically underwritten, which means

that applicants will have to answer questions about their health on the

application. Certain medical conditions, or combinations of conditions, will

prevent some people from being approved for coverage. New employees

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and their spouses can apply with abbreviated underwriting within 60 days of

the hire or eligibility date. After the 60 days, employees and spouses can

apply with full underwriting. Qualified relatives, including same-sex and

opposite-sex domestic partners, can apply at any time with full underwriting.

FLTCIP does not offer a “Self and Family” option. Each applicant must apply

on his/her own. Long Term Care Partners, LLC, the administrator of the

Program, evaluates each application to determine eligibility to enroll in the

Program. The Federal Long Term Care Insurance Program is an employee-

pay-all program. By law, there is no Government contribution toward

premiums.

For more information and to apply for coverage, eligible individuals should

visit the Federal Long Term Care Insurance Program website.

Dental and Vision Insurance (FEDVIP)

Dental and vision benefits under the Federal Employees Dental and Vision

Insurance Program (FEDVIP) are available to eligible Federal civilian and

U.S. Postal Service employees, Federal retirees (annuitants), survivor

annuitants, compensationers, and their eligible family members. Certain

retired uniformed services members and their family members and active

duty family members are also eligible for FEDVIP.

Federal civilian or U.S. Postal Service employees who are eligible for FEHB

coverage are eligible, whether or not they are enrolled in FEHB, except

employees with certain temporary and intermittent appointments. Most

uniformed service retirees and their family members are eligible for dental

coverage. Most uniformed services retirees and their family members as

well as active duty family members are eligible for vision coverage, if

enrolled in a TRICARE health plan.

New employees may enroll within 60 days of becoming eligible. After the

initial opportunity to enroll, FEDVIP permits enrollment and enrollment

changes during the Federal Benefits Open Season each November/December

and upon the occurrence of qualifying life events such as changes in family,

employment or coverage status.

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Plans: FEDVIP offers a choice of 12 dental and 5 vision plans that offer

coverage nationwide or in specific geographic regions. Enrollment types

include Self Only, Self Plus One, or Self and Family. Eligible employees and

annuitants may enroll in either a dental plan or a vision plan, or both.

New employees may enroll through the BENEFEDS enrollment portal.. Once

enrolled, employees may change or cancel their FEDVIP plan during Federal

Benefits Open Season.

Cost: FEDVIP is an enrollee-pay-all program. By law, there is no

Government contribution toward premiums.

Premium Conversion: Premiums are paid for FEDVIP coverage on a pre-tax

basis (premium conversion) for active Federal civilian and U.S. Postal

Service employees. Unlike the FEHB Program, employees may not opt out

of premium conversion for FEDVIP.

More information can be found on the BENEFEDS website.

Retirement Coverage

Eligibility for retirement coverage depends upon the type of appointment.

Most types of appointments, including “provisional” appointments, will confer

retirement coverage eligibility. However, temporary appointments limited to

a year or less and intermittent appointments are excluded from coverage

eligibility. Other less common appointments may also be excluded from

coverage eligibility.

Types of Coverage:

Appointees who are eligible for retirement coverage will generally be covered

under either the Federal Employees’ Retirement System (FERS) or the Civil

Service Retirement System (CSRS), depending upon individual

circumstances. FERS and CSRS are the two principal retirement plans for

Federal employees.

• FERS is a three-tiered system consisting of Social Security benefits,

basic FERS (a defined benefits plan), and the Thrift Savings Plan (a

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defined contribution plan). An employee covered by FERS will be

covered under either FERS, FERS-Revised Annuity Employee (FERS-

RAE), or FERS-Further Revised Annuity Employee (FERS-FRAE).

FERS-RAE and FERS-FRAE employees receive the same FERS

retirement benefit, but pay a higher deduction for FERS. See Chapter

10, Coverage, of the CSRS & FERS Handbook for Personnel and

Payroll Offices, for additional information on determining whether an

employee is covered by FERS, FERS-RAE or FERS-FRAE.

• CSRS is a defined benefit plan that pre-dates Social Security and was

originally established as a stand-alone staff retirement plan.

Beginning in 1984, however, certain employees subject to CSRS

coverage also became covered by Social Security. Coverage under

both CSRS and Social Security is often referred to as CSRS-Offset.

Employees covered under CSRS or CSRS-Offset may also participate

in the Thrift Savings Plan.

New Appointees: In most cases, appointees eligible for retirement coverage

who are new to Government service will be covered under FERS-FRAE.

Appointees with Prior Government Service: If an appointee has prior

Government service and is eligible for retirement coverage, the appointee

may be covered under FERS, FERS-RAE, FERS-FRAE, CSRS, or CSRS-Offset,

depending on their work history with the Government. The appointee’s

Human Resources Office will determine the appropriate type of retirement

coverage and will advise the appointee of any retirement coverage election

opportunities.

See Appendix E for additional information about health benefits, life

insurance, and retirement for new appointees.

Separated Employees

Health Insurance (FEHB)

After separation, FEHB plan coverage terminates on the last day of the pay

period in which the employee separates. The employee is then entitled to a

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31-day temporary extension of coverage at no cost to the employee. In

addition, if the employee files an election with the separating agency and

pays both the employee and the Government share of costs (plus a 2

percent administration fee), coverage in the existing plan or another plan in

the Program can be continued for up to 18 months under the temporary

continuation of coverage (TCC) program feature. When group insurance

eligibility ends, the employee has the right to convert the coverage to an

individual health insurance policy if offered by his or her health plan or to

purchase a plan on or off the Health Insurance Marketplace (Exchange).

If an employee retires under a retirement system for Federal employees,

group health insurance can be continued into retirement, provided the

employee qualifies for an immediate annuity and was enrolled in the FEHB

Program for the 5 years of service immediately preceding retirement, or – if

less than 5 years – for all periods of eligibility since the first opportunity to

enroll. This includes Members of Congress and designated congressional

staff who have been enrolled in DC SHOP coverage.

Eligible retirees have the same health plan choices and pay the same share

of the costs for health insurance as active employees do. Annuitants are

subject to withholdings from their monthly annuity to pay for health plan

costs in excess of the Government contribution.

Consumer Driven Health Plan:

Employees who join a high deductible health plan (HDHP) and have a Health

Savings Account (HSA) have funds that are fully portable. As long as their

money stays in a qualified Health Savings Account and is used for qualified

medical expenses, as established by the Department of the Treasury, both

the interest and any withdrawals are tax free. This is true even for

employees who elect a health care option in the future that is not a

Consumer Driven Health Plan or the equivalent. The money in an HSA may

continue to accrue – or be used – for future medical expenses, and monies

in an HSA will remain in the account until used for qualified medical

expenses. However, employees who retire and enroll in Medicare are not

eligible by law for HSAs, so if they have a High Deductible Health Plan, a

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new health reimbursement arrangement (HRA) will be established by their

health plan. Monies in their HRA belong to the employer, and not the

annuitant, and are managed by the health plan. They do not earn interest

and are not portable. The HRA may continue to be used for qualified

medical expenses so long as the annuitant does not switch to another health

plan.

Life Insurance (FEGLI)

Life insurance continues for 31 days after separation at no cost. During this

period, all or any part of the coverage can be converted, without medical

examination, to non-group coverage, with rates based on the individual’s

age and class of risk.

If an employee retires under a retirement system for Federal employees,

Basic and Optional group life insurance can be continued into retirement,

provided the employee qualifies for an immediate annuity and had the

coverage for at least the 5 years of service immediately before retirement,

or during all periods the coverage was available, if that is less than 5 years.

(The employee may convert any coverage that he or she is not eligible to

continue into retirement.)

Retirees pay the same premiums as active employees. The premiums for

Basic insurance and Option A stop at age 65. At that time, the face value of

Option A insurance in effect at retirement begins to decrease by 2 percent

per month. The post-retirement reduction continues until 75 percent of the

coverage is gone and 25 percent ($2,500) remains. There is a similar 75

percent reduction for Basic insurance; at the time of retirement, however, an

employee eligible to continue Basic insurance can elect to pay additional

premiums to prevent Basic insurance from decreasing or to have a lesser

(50 percent) reduction.

If a retiring employee is eligible to continue Option B and/or Option C

insurance into retirement or while receiving workers’ compensation benefits,

the retiring employee can elect how many Option B/Option C multiples to

carry into retirement and how those multiples will reduce after he or she

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reaches age 65. The employee will be able to choose from two levels of

coverage: Full Reduction or No Reduction, for the respective multiples.

If a retiring employee chooses Full Reduction, premiums stop at age 65, and

the coverage begins to reduce by 2 percent per month until it reduces to

zero. If a retiring employee chooses No Reduction, the coverage does not

reduce at age 65, and the retiree continues to pay premiums for the

appropriate age group. The retiring employee can choose mixed multiples of

coverage for Option B and Option C. For example, if the retiring employee

has three multiples of an Optional insurance (B, C, or both), he or she can

elect to have two multiples with Full Reduction and one with No Reduction.

The retiree can change a No Reduction election to Full Reduction at any time

(unless coverage is assigned). The retiree can change a Full Reduction

election to No Reduction only if the retiree is younger than 65.

Flexible Spending Accounts (FSAFEDS)

Money in an FSAFEDS flexible spending account – either the health care

flexible spending account, limited expense flexible spending account, or the

dependent care flexible spending account – is available only for claims

incurred prior to the date the employee separates from the Government.

However, the claims do not have to be submitted by the separation date.

When an employee incurs eligible expenses before the separation date, he or

she has until April 30 of the following year to submit claims incurred during

the plan year prior to separation. Any balances remaining for which claims

were not submitted by April 30 will be forfeited. FSAFEDS dependent care

accounts from 2019 have a claim submission date of April 30, 2021.

For the Health Care and Limited Expense Health Care FSAs only, if an

employee had more eligible expenses than money deducted from payroll, he

or she will not have to reimburse the difference, and the balance will not be

recovered from the employee. This could happen, for example, if the

employee’s election was for $2,500 and incurred eligible expenses equal to

that amount by the separation date. Because this amount ($2,500) is

designated to be taken out of paychecks in equal amounts spread out over

the course of the year, if the employee leaves before the end of the year,

U.S. OPM Presidential Transition Guide

the missing payments can no longer be deducted from payroll, and he or she

will not be required to otherwise make them up.

Federal Long-Term Care Insurance Program (FLTCIP)

Long term care insurance coverage is fully portable, which means it

continues without change when insured individuals leave the Federal

Government – the same product and the same price – as long as they

continue to pay premiums. OPM is still the policyholder, and the coverage

continues to be administered by Long Term Care Partners, LLC. If the

insured individual is paying premiums through direct bill or automatic bank

withdrawal, those arrangements continue unchanged. However, individuals

paying through payroll deduction should contact Long Term Care Partners

directly so that they can switch their payment method to direct bill or

automatic bank withdrawal.

Dental and Vision Insurance (FEDVIP)

Coverage under the Federal Employees Dental and Vision Insurance Program

(FEDVIP) terminates upon separation from Federal service, unless the

employee is eligible for an immediate annuity.

If an employee retires under a retirement system for Federal employees,

FEDVIP coverage eligibility is retained. Retirees must have retired with an

immediate annuity (a FERS Minimum Retirement Age (MRA) + 10 postponed

annuity is considered an immediate annuity). Those in receipt of a deferred

annuity are not eligible to enroll in FEDVIP. However, unlike FEHB coverage

and FEGLI coverage, there is no length of time one must be enrolled in

FEDVIP as an active employee in order to continue coverage after

retirement.

Retirement

An employee under FERS (including FERS-RAE and FERS-FRAE) may retire

after reaching the minimum retirement age (MRA, age 55 to 57, depending

on year of birth) with 30 years of service, age 60 with 20 years, or age 62

with five years. Under FERS, one can also retire on a reduced annuity at

MRA with as little as 10 years of service. An employee under CSRS and

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CSRS-Offset may retire voluntarily after reaching age 55 with 30 years of

service, age 60 with 20 years, or age 62 with five years.

An employee may also be eligible for early discontinued service retirement

(DSR), based on an involuntary separation. Under both FERS and CSRS, the

employee must be age 50 and have at least 20 years of service or have at

least 25 years of service regardless of age, in order to be eligible for DSR.

An involuntary separation is qualifying for DSR unless it is based on

misconduct or delinquency. A resignation may also qualify for DSR if the

individual resigns in response to a written request from an Administration

official having the authority to request such resignations or the new head of

an agency. The resignation of a Presidentially-appointed policy-making

officer qualifies for DSR whenever the individual’s resignation is accepted by

the President (not limited to the advent of a new administration). When it is

known that a Presidential appointee is leaving, the resignation of a

noncareer SES appointee or Schedule C appointee who works for that person

is also considered an involuntary separation for purposes of DSR.

Individuals Not Eligible For Immediate Retirement:

Employees who do not meet the age and service requirements for voluntary

retirement may be eligible for deferred retirement. Under both FERS and

CSRS, at least five years of civilian service are needed to qualify for deferred

retirement at age 62. In addition, a FERS employee with at least 10 years of

Federal service (which must include at least five years of civilian service)

may elect to receive deferred retirement as early as the MRA. To qualify for

deferred retirement, individuals must leave their retirement contributions in

the retirement fund. Individuals with less than five years of civilian service

do not qualify for deferred retirement.

Refunds of Retirement Contributions:

Those not eligible for an immediate annuity (whether or not eligible for a

deferred annuity) may elect to receive a refund of retirement contributions.

To qualify for the refund, the individual must be separated for at least 31

days and apply for the refund at least 31 days before qualifying for an

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annuity. Under FERS and CSRS, the service covered by the refund may be

creditable towards retirement benefits if the individual returns to

Government service and is subject to retirement coverage.

Unemployment Compensation and Dislocated Worker Services

Unemployment Compensation for Federal Employees

Presidential appointees, noncareer and limited SES appointees, and

Schedule C employees who resign by request or are separated due to a

change in agency leadership or as a result of the transition to a new

Presidential administration may be eligible for Unemployment Compensation

for Federal Employees (UCFE). Unemployment compensation is generally

provided through the State in which the individual’s last official duty station

is located. Benefit levels and eligibility requirements vary from State to

State. For further information about UCFE requirements and benefits,

contact a specific State Workforce Agency listed on CareerOneStop.

Whether an individual’s resignation is requested or not requested may affect

entitlement to unemployment compensation. Resigning before receiving a

request to resign is generally considered an unprompted resignation and is

not usually viewed as sufficient for unemployment compensation purposes.

To assure that State Workforce Agencies are aware that the separation by

request is due to a change in Presidential administrations or agency

leadership, it is important that this reason be clearly indicated on the SF-50.

Individuals are advised to provide a copy of the request for resignation to

the State Workforce Agency when filing.

Dislocated Worker Services

These employees may also be eligible for dislocated worker services,

including retraining and placement assistance, which are funded through

Department of Labor grants. Benefits and eligibility requirements vary from

State to State. Visit the Department of Labor’s website for more information

about dislocated workers.

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V. Personnel Security Vetting

This section provides guidance on the personnel security vetting processes

for personnel assigned as Presidential Appointees, political appointees and

those assigned to work on Presidential transition teams.

Per section III of this document, OPM authorizes the appointment of Non-

career Senior Executive Service (SES) members as well as Schedule C

employees in positions of a confidential or policy determining nature.

However, this authorization does not include the personnel security vetting.

Personnel security vetting is the investigative and adjudicative process

individuals must undergo to be determined fit to be appointed to the position

as well as eligible to occupy a national security position or to hold a security

clearance, as appropriate.

The Intelligence Reform and Terrorism Prevention Act of 2004, Subtitle F,

Section 7601, names the Office of the Director of National Intelligence

(ODNI) as the designated agency to coordinate the investigations and

granting of security clearances for appropriate transition team members who

will have a need for access to classified information for the period between

the election of the President-elect and the Presidential Inauguration. Some

of the transition team members processed may eventually be named as

Presidential Appointees, Non-career SES members or as Schedule C

appointees for any given Department or Agency.

Between Election and Inauguration

Only applicable if there is a change in Administration. Should the incumbent President be

re-elected, vetting processes remain unaffected.

The ODNI designated the Federal Bureau of Investigation (FBI) as the entity

to conduct background investigations for Presidential transition team

personnel up until the time of the Presidential Inauguration. The ODNI

designated the Department of Justice (DOJ), Security and Emergency

Planning Staff (SEPS) as the entity to make security clearance

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determinations during this period. The DOJ, SEPS will process interim

clearances, as required, conduct the commensurate security briefings, and

obtain the required Non-Disclosure forms (SF-312 and/or 4414). In

conducting the background investigation, the FBI will report any matters

regarding the fitness of these individuals to the Office of the President-Elect

for a fitness decision. If the investigation is completed during this time

period, the DOJ, SEPS will make the final security clearance determinations.

The DOJ, SEPS will communicate the clearance information to the Office of

the President-Elect. Departments and Agencies whose Cabinet level

Presidential Appointees are confirmed by the Senate during this time should

contact the DOJ, SEPS to coordinate any additional required security

briefings.

Agencies requiring security clearance information for their respective

transition teams should have their security office email the Department of

Justice, SEPS, Personnel Security Group at DOJTransitionVetting@usdoj.gov

to request the information.

After Inauguration

Upon the inauguration of the President, the DOJ, SEPS is no longer

responsible for the security clearance adjudications for Presidential or

political appointees to other Departments and Agencies. On or around the

next business day after the Presidential Inauguration, the DOJ, SEPS will

coordinate with Departments and Agencies to transfer the records of any

adjudicated personnel security investigations, and applicable non-disclosure

forms, for personnel already confirmed or appointed to respective

Departments and Agencies for their record retention. The agencies will need

to sign a receipt for the records received.

For individuals for whom the DOJ, SEPS has granted an interim clearance

but the FBI background investigation is still in process at the time of the

Inauguration, DOJ will transfer the security record on hand to the White

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House Clearance Counsel’s office. The FBI will deliver their investigation,

once completed, to the White House Clearance Counsel’s office.

Or to an office designated by the Administration.

Post-Inauguration Vetting Processes per Appointment Type

Presidential Appointees Requiring Senate Confirmation who are

Nominated Post-Inauguration:

Once an individual is under consideration by the President for nomination to

a Senate-confirmed position, the background investigation is conducted by

the Federal Bureau of Investigation (for most Departments and Agencies

)

and provided by the FBI to the White House Clearance Counsel’s Office.

Matters developed during the investigation will be considered by designated

personnel from the White House Clearance Counsel’s office in deciding

whether the President should proceed with the nomination. The candidate is

then officially nominated by the President, and the candidate undergoes the

confirmation process through the appropriate Senate committee and the full

Senate confirmation.

Some agencies with delegated investigative authority for vetting may be permitted to

conduct the background investigations for their Senate-confirmed presidential appointees.

If and when the individual is confirmed by the Senate, the Department or

Agency to which the individual is appointed must coordinate with the FBI,

Name Check Division to request a copy of the completed background

investigation. The Department or Agency personnel security office will use

the results of the investigation to make the appropriate personnel security

determinations. Departments and agencies who may have fitness concerns

should consult with their White House Liaison officer.

Presidential Appointees Not Requiring Senate Confirmation, Non-

Career SES and Schedule C Appointees who are Appointed Post-

Inauguration:

For Presidential appointments not requiring Senate confirmation, non-Career

SES appointments, and Schedule C appointments, post-Inauguration, the

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Department and Agency to which the individual is being appointed will

proceed with their normal personnel vetting processes, per their established

policies and procedures. Background investigations for these individuals are

generally not conducted by the FBI but rather by the Defense

Counterintelligence and Security Agency (the primary provider for

background investigations across Government) or another agency with

delegated investigative authority.

Departments and Agencies in need of further guidance should consult with

their White House Liaison officer.

Reciprocity

Reciprocity requirements and procedures per E.O. 13467, as amended, and

ODNI Security Executive Agent Directive 7, Reciprocity of Background

Investigations and National Security Adjudications, are applicable to all

political appointees except for Presidential Appointees requiring Senate

confirmation because an updated investigation with a greater scope is

required for these appointees.

Reinvestigations

Reinvestigations for Presidential Appointees, Non-career SES, and Schedule

C appointees are initiated by the Department or Agency where they are

assigned. The agency’s designated Security Officer will make the

determination of continued eligibility to hold a clearance based on a

reinvestigation and the adjudicative determination should be reported to the

national investigations repository as required by policy. Departments and

agencies should consult with their White House Liaison officer if any fitness

concerns are developed in the reinvestigation or self-reported by the

individual.

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VI. Personal Identity Verification

This section provides guidance on the requirements for issuing appropriate

personal Government-issued identity badges to individuals working on

Presidential transition teams.

Overview

The President’s Homeland Security Policy Directive # 12 (HSPD-12)

established a mandatory, Governmentwide standard for secure and reliable

forms of identification to gain access to Federally-controlled facilities and

information systems. Under this directive and implementing guidance by the

National Institute of Standards and Technology (FIPS-201-2, August 2013)

and the Office of Management and Budget (OMB Memorandum M-05-24,

August 2005), personal identity verification (PIV) cards are to be issued for

long-term access to Federal facilities and/or information systems. Pursuant

to Executive Order 13467, as amended, OPM issued a Memorandum to

Heads of Departments and Agencies, dated July 31, 2008, entitled “Final

Credentialing Standards for Issuing Personal Identity Verification Cards

under HSPD-12.” This memorandum provides Governmentwide

credentialing standards to be used by all Federal agencies in determining

whether to issue or revoke PIV cards for their employees and contractor

personnel. Additionally, on March 2, 2016 the Security, Suitability and

Credentialing Performance Accountability Council issued Guidance on

Executive Branch-Wide Requirements for Issuing Personal Identity

Verification (PIV) Credentials and Suspension Mechanism explaining that

agencies are required to apply the supplemental standards from the 2008

memorandum referenced above, when making determinations on individuals

not subject to adjudicative standards for suitability under 5 CFR part 731 or

adjudicative standards for national security determinations pursuant to

Executive Order 12968.

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PIV Credentials for Transition Team Members

Members of transition teams needing access on a short-term basis, (less

than six months) to a Department or Agency, may be granted access

according to the Department or Agency’s internal policies and procedures,

which may include issuance of an alternative token for logical access

pursuant to OMB guidance.

Members of transition teams needing long-term access (more than 6

months) to Federally-controlled facilities or information systems will need

PIV credentials and will therefore require the appropriate level of

investigation and a determination of eligibility to be granted a PIV credential,

in accordance with OMB guidance. Agencies needing expedited investigative

services for members of transition teams requiring PIV cards after the

Presidential Inauguration should consult with their Investigative Service

Provider (in most instances, the Defense Counterintelligence and Security

Agency). Members of transition teams who are detailed from Federal

agencies to a transition team not within their agency will need to verify that

their PIV cards are acceptable at the detail site.

The Department or Agency’s Personnel Security Office should be consulted

when processing transition team members for access to Federal facilities or

Federal information to ensure the proper vetting has been completed.

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VII. Appendices

Appendix A: Q&A on Separations for Political Appointees

General Issues

Benefits

Thrift Savings Plan

Social Security

Post Separation Employment

General Issues

1. Can I be separated before the resignation date of my agency head, and

how much notice will I receive?

Yes. If you are a noncareer SES appointee, you may be removed at any

time. Noncareer SES appointees must be given a written notice at least

1 day before the effective date of a removal. [5 U.S.C. 3592(c); 5 CFR

359.902]

If you are a Schedule C employee, you may be removed at any time.

There is no statutory notice requirement. However, some agencies have

elected to provide Schedule C employees with advance notice of their

separations. Your Human Resources Office can advise you of your

agency’s policy on notice procedures.

2. Do I have appeal or grievance rights?

There is no appeal right to the Merit Systems Protection Board (MSPB) on

the removal of a noncareer SES appointee. Employees separated from

their Schedule C positions have no appeal rights to MSPB. In some

agencies, noncareer SES appointees and Schedule C employees may

grieve their separations under an agency administrative grievance

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system or another agency dispute resolution system. Your Human

Resources Office can advise you if your agency permits such grievances.

3. Do I have additional procedural and/or appeal rights if I am a veteran?

An employee’s status as a veteran does not change an employee's rights

beyond those described in the answers to Questions 1 and 2 above.

4. If my boss has a statutory term appointment that extends beyond the

resignation date of my agency head, do I have to leave before the

resignation date?

Not necessarily. This, too, will be up to your agency.

5. If my boss is asked to stay beyond the agency head’s resignation date,

will I be allowed to remain in my position also?

Not necessarily. This, too, will be up to your agency.

6. Can my agency provide outplacement assistance?

If your agency offers outplacement services to all agency employees,

noncareer SES appointees and Schedule C employees may use them.

7. Can my agency pay my travel and transportation expenses when I leave

Government service?

The Government is not authorized to pay relocation expenses for

separating Presidential appointees, noncareer SES appointees, or

Schedule C appointees to return to private industry or to their place of

residence. See gsa.gov/travelpolicy on the General Services

Administration’s website for additional information about travel and

transportation allowances, in particular those for departing political

appointees.

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Benefits

8. What happens to my accrued annual and sick leave?

When your Federal employment ends, you will receive a lump-sum

payment for any unused annual leave. The lump-sum payment is

taxable and equals the pay you would have received if you had remained

in Federal service on annual leave (as provided in OPM regulations). This

payment excludes any allowances that are paid for the sole purpose of

encouraging an employee to remain in Government service, such as

retention incentives and physicians’ comparability allowances. No

payment is made for accrued sick leave. Generally, sick leave will be

recredited if you are reemployed in a Federal position.

9. Will I be eligible for severance pay?

No. Employees serving under noncareer SES or Schedule C

appointments are not eligible for severance pay.

10. If I am separated, will I be eligible for unemployment compensation?

The U.S. Department of Labor advises that Presidential appointees,

noncareer and limited SES appointees, and Schedule C employees are

generally eligible for benefits under the Unemployment Compensation for

Federal Employees (UCFE) program because their separation from

Federal service is viewed as being involuntary (i.e., occurring through no

fault of their own). To make State unemployment compensation offices

are aware that your separation is due to a change in agency leadership,

it is important that this reason be clearly indicated on the SF-50

(Notification of Personnel Action) and all UCFE claims inquiry forms.

Agencies are encouraged to use reasons such as “separation due to

change in agency leadership” or “separation due to transition to new

Presidential administration.”

11. If I resign, will I be eligible for unemployment compensation?

If you resign by request due to a change in Presidential administrations

or agency leadership, you may be eligible, provided you meet all other

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State-specific eligibility requirements. If you resign before being

requested to do so, you may not be eligible. To assure that State

Workforce Agencies are aware that your resignation is by request due to

a change in Presidential administrations or agency leadership, it is

important that this be clearly stated in your written resignation. Your

agency should also indicate the same on the SF-50 and all UCFE claims

inquiry forms. Again, you should check with your State Workforce

Agency if you have any questions.

12. What will my SF-50 say if I resign or if I am separated?

If you resign from your position due to a change in agency leadership or

as a result of a transition to a new Presidential administration, the

“Remarks” section of your SF-50 (Block 45) will state “Reason for

Resignation” and will then summarize the reason you provided in your

written resignation. You should state as your reason for resignation,

“Resignation due to a change in Presidential administrations” or

“Resignation due to a change in agency leadership.” If your resignation

is requested, you should state, “Resignation due to a change in

Presidential administrations” or “Resignation by request due to a change

in agency leadership.” If you are separated, your agency will state in

Block 45 under the “Reason for Termination” that you were separated

“due to a change in Presidential administrations” or “due to a change in

agency leadership.”

(Note: The reason given for resignation may affect your eligibility for

unemployment benefits. Resigning before receiving a request to resign

is generally considered an unprompted resignation and is not usually

viewed as sufficient for unemployment compensation purposes. See also

Questions 10, 11, and 13)

13. How do I apply for unemployment compensation?

States act as agents of the Department of Labor in the taking,

processing, and payment of UCFE benefits. Therefore, applications are

generally filed with a State Workforce Agency in the State of the

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employee’s last official duty station. Employees returning from overseas

can file in the State of residence after the most recent period of

employment. Most States accept UCFE applications by telephone or

through the Internet, so you may not have to report in person to file a

claim. To locate unemployment benefit information in the State of your

choosing, visit http://www.servicelocator.org/OWSLinks.asp. When you

file a claim with the appropriate State agency, you may be asked to

provide a copy of your Standard Form (SF) 8 (Notice to Federal

Employee about Unemployment Insurance), a copy of your SF-50

(Notification of Personnel Action), and/or copies of your leave and

earnings statement.

Unemployment benefits are payable under State unemployment

insurance laws. To receive these benefits, you usually must register with

the local unemployment office in the State of your last duty station.

Employees returning from overseas file in the State of residence. When

you file a claim with the State Workforce Agency, you must provide a

completed copy of your SF-8 and proof of your Federal employment

earnings (an earnings and leave statement). If you have moved out of

the State of your last duty station, you can file your claim by contacting

the unemployment insurance (UI) agency of the State of your last duty

station, or you may contact the UI agency of your State of residence. If

you resigned by request, you may need to provide a copy of the request

when filing. Your agency’s Human Resources Office will provide you with

a copy of form SF-8 and answer any questions you may have in this

area.

14. Can I keep my Federal employee health insurance coverage when I

leave?

After separation, your FEHB coverage continues at no cost for 31 days.

In addition, if you file an election with the separating agency and you

pay both the employee and employer cost (plus 2 percent administrative

cost), your current plan, or another Federal Employees Health Benefits

plan you may choose, can be continued temporarily for 18 months.

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When the group coverage ends, you have a right to convert it to non-

group coverage if offered by your health plan or you can enroll on or off

the Health Insurance Marketplace. If you retire under a retirement

system for Federal employees, you can continue your FEHB health

insurance into retirement, provided you qualify for an immediate annuity

and you were enrolled for the 5 years of service immediately before

retirement, or – if less than 5 years – for all service since your first

opportunity to enroll. As a retiree, you would pay the same contribution

for health insurance as active employees do.

15. Can I keep my Federal employee life insurance coverage when I leave?

Life insurance continues for 31 days after separation at no cost, and the

insurance can be converted. Under the conversion privilege, you may

convert all or any part of your Basic and Optional insurance to a non-

group policy, with rates based on age and class of risk. No medical

examination is required, although you may be asked a few questions

about your health to see if you qualify for a lower premium.

If you retire under a retirement system for Federal employees, your

group life insurance (but not accidental death and dismemberment) can

be continued into retirement, provided you qualify for an immediate

annuity and you were enrolled for purposes of each type of coverage for

at least the 5 years before retirement, or since the first opportunity to

enroll if you had coverage for less than 5 years. As a retiree, you would

pay the same premiums as employees. If a retiree chooses a 75 percent

reduction at age 65, the amount of insurance begins to decrease by 2

percent per month and your premiums will stop. The post-retirement

reduction continues until the Basic and Option A coverage is 25 percent

of its original value in force at retirement and until the other optional

insurance expires completely. At the time of retirement, you can also

elect (via the Standard Form 2818 “Continuation of Life Insurance as an

Annuitant or Compensationer”) to pay additional premiums to prevent

the Basic and Option B and/or Option C coverages (if applicable) from

reducing after you reach age 65.

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16. Can I keep my Federal long-term care insurance coverage when I leave?

Long term care insurance coverage is fully portable, which means it

continues without change when employees leave Federal service – the

same product and the same price – as long as premiums continue to be

paid. OPM is still the policyholder and the coverage continues to be

administered by Long Term Care Partners, LLC. If the employee is

paying premiums through direct bill or automatic bank withdrawal, those

arrangements continue unchanged. However, employees paying through

payroll deduction should contact Long Term Care Partners directly so that

they can switch their payment method to direct bill or automatic bank

withdrawal.

17. Can I keep my Federal dental and/or vision insurance coverage when I

leave?

After separation, FEDVIP coverage terminates unless you are eligible for

an immediate annuity.

If an employee retires under a retirement system for Federal employees,

FEDVIP coverage eligibility is retained. Retirees must have retired with

an immediate annuity (a FERS MRA + 10 postponed annuity is

considered an immediate annuity). Those in receipt of a deferred

annuity are not eligible to enroll in FEDVIP. However, unlike FEHB

coverage and FEGLI coverage, there is no length of time you must be

enrolled in FEDVIP as an active employee in order to continue coverage

after retirement.

18. What are the basic age and service rules for retirement?

Under the Federal Employees’ Retirement System (FERS), voluntary

retirement is available at the minimum retirement age (MRA, age 55 to

57 depending on year of birth ) with 30 years of service, age 60 with 20

years, or age 62 with 5 years. Individuals under FERS can also retire on

a reduced annuity at MRA with as little as 10 years of service. Under the

Civil Service Retirement System (CSRS), you can retire voluntarily after

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reaching age 55 with 30 years of service, age 60 with 20 years, or age

62 with 5 years.

19. How do I know if I am eligible for early retirement?

You would be eligible for early retirement if you qualify for a discontinued

service retirement (DSR) based on an involuntary separation (see next

question) and have the required combination of age and service. Under

both FERS and CSRS, you must be age 50 and have at least 20 years of

service, or you may retire at any age if you have at least 25 years of

service.

20. What is considered an involuntary separation for purposes of qualifying

for discontinued service retirement?

Generally, a separation is qualifying for DSR if it is an agency-initiated

action that is not a removal for cause on charges of misconduct or

delinquency. A resignation qualifies you for DSR if you resign in

response to a written request from an Administration official having the

authority to request such resignation or the new agency head. The

resignation of a Presidentially-appointed policy-making officer qualifies

for DSR whenever the individual’s resignation is accepted by the

President. When it is known that a Presidential appointee is leaving, the

resignation of a noncareer SES or Schedule C appointee who works for

that person is also considered an involuntary separation for purposes of

DSR.

21. What if I am not yet eligible for retirement?

You might be eligible for a deferred annuity. Under both FERS and

CSRS, if you have at least 5 years of civilian service, you may receive a

deferred annuity at age 62. Also, a FERS employee with at least 10

years of Federal service (which must include at least 5 years of civilian

service) may elect to receive a deferred annuity as early as the minimum

retirement age (see Question 18). To qualify for deferred benefits, you

must leave your retirement contributions in the retirement fund. If you

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have less than 5 years of civilian service, you do not qualify for a

deferred annuity.

Whether or not you qualify for a deferred benefit, you may elect to

receive a refund of your retirement contributions as long as you are not

eligible for an immediate annuity. To qualify for the refund, you must be

separated for at least 31 days and apply for the refund at least 31 days

before you qualify for a deferred annuity.

Generally, interest is payable on FERS refunds, but no interest is payable

on CSRS refunds. Desirability of the refund depends on individual

circumstances (how far from or close to retirement you are and whether

you anticipate future Federal employment). You can reinstate credit for

the service if you return to Federal service under CSRS or FERS and

redeposit the refund with interest.

22. With regard to my benefits, is there anything else I need to watch out

for?

You should ask your agency Human Resources Office to look at your

particular circumstances. For example, you may need to make a deposit

for military service before you leave the agency. Your Human Resources

Office will be able to give you specific answers to your questions.

Thrift Savings Plan (TSP)

23. What are my TSP withdrawal options after I leave Federal service?

The TSP provides several ways to withdraw your account:

• You can make a partial withdrawal of your account in a single

payment.

• You can make a full withdrawal of your account by any one, or any

combination, of the following methods:

o A single payment

o A series of monthly payments

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o A life annuity

A combination of any of the above three full withdrawal options is called

a “mixed withdrawal.”

You can have the TSP transfer all or part of any single payment or, in

some cases, a series of monthly payments, to a traditional Individual

Retirement Arrangement (IRA) or eligible employer plan. Payments to

you can be deposited directly into your checking or savings account by

means of electronic funds transfer (EFT).

For more information please see TSP withdrawal guidance on the TSP

website.

24. Can I leave my money in my account, and can I add to this money after

I leave Federal service?

You can leave the money in your account. You cannot make direct

deposits. However, under certain circumstances, you can make transfers

(or rollovers) of eligible distributions from an eligible retirement plan,

including a traditional IRA and an eligible employer plan (or its

designated financial institution). Only TSP participants who have open

accounts can transfer money into the TSP. This includes participants

who are separated from Federal civilian service. However, a separated

participant who is receiving monthly payments from his or her TSP

account cannot transfer money into it.

Your account will continue to accrue earnings, and you can continue to

move your money among the TSP investment funds by making interfund

transfers. Caution: You must receive your account in a single payment

or begin receiving monthly payments from the Thrift Savings Plan, or

from the annuity vendor, by April 1 of the year following the year you

turn 70 ½. The SECURE Act, which was enacted on December 20, 2019,

changes the age at which you have to start taking required minimum

distributions from 70 ½ to 72. The law excludes people who turned 70 ½

on or before December 31, 2019.

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25. If I leave Federal service, can I have the TSP transfer my payment to an

Individual Retirement Arrangement (IRA) or other eligible retirement

plan?

Yes, you can have the TSP transfer all or part of a single payment to an

IRA or other eligible retirement plan. You also can transfer certain

monthly payments.

26. Where can I find tax information about TSP disbursements?

For detailed information about withdrawing your account, see the

booklet, Withdrawing Your TSP Account after Leaving Federal Service.

For detailed information about the tax consequences of your withdrawal

choices and Federal income tax withholding requirements, see the TSP

tax notice, “Important Tax Information about Payments from your TSP

Account.” The booklet and notice are available from the TSP website

(tsp.gov). Also, your agency Human Resources Office must give you this

information when you leave Federal service. You should also ask your

State and local tax authorities about State and local taxes.

27. Will I keep the FERS Agency Automatic (1 percent) Contributions to TSP

when I leave?

If you meet the TSP vesting requirements when you leave Federal

service, you are entitled to the Agency Automatic (1 percent)

Contributions in your account and their earnings.

Most FERS employees become vested in their Agency Automatic (1

percent) Contributions after completing 3 years of Federal (generally

civilian) service. However, employees who are in one of the following

positions at separation are vested after 2 years of civilian service:

• A noncareer SES appointment.

• An Executive Schedule position listed in 5 U.S.C. 5312, 5313, 5314,

5315, or 5316.

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• A position placed in level IV or level V of the Executive Schedule,

under 5 U.S.C. 5317.

• A position in the executive branch that is excepted from the

competitive service by the Office of Personnel Management because

of the confidential and policy-determining character of the position

(i.e., a Schedule C position).

• A position as a Member of Congress or a Congressional employee.

28. How soon can employees start participating in the Thrift Plan?

If you are a new FERS employee or rehired FERS or CSRS employee, you

may begin contributing to the TSP immediately.

Social Security

29. Does my Federal employment have an impact on my Social Security

benefits?

Yes, it could affect your benefits. If you have ever worked under the

Civil Service Retirement System (CSRS) or another retirement plan for

Federal employees that doesn't include Social Security, such as the

Foreign Service Retirement System, and you receive an annuity based on

that service, two provisions of the Social Security law may affect your

Social Security benefits:

• The Windfall Elimination Provision (WEP) may reduce the Social

Security benefit you earned based on your work. The WEP doesn't

apply if you were automatically covered by the Federal Employees’

Retirement System (FERS) or if you have 30 or more years of

“substantial earnings” in Social Security-covered employment.

• The Government Pension Offset (GPO) may reduce or eliminate any

Social Security spousal benefit you are otherwise eligible to receive.

The GPO doesn't apply if you were required by law to have coverage

under the CSRS-Offset provisions (a combination of CSRS coverage

and Social Security), or if you were automatically covered by FERS.

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Your agency’s benefits officer can help you determine whether either of

these provisions will affect your Social Security benefits. The Social

Security Administration also has fact sheets: The Windfall Elimination

Provision (Publication No. 05-10045) and Government Pension Offset

(Publication No. 05-10007), that can be printed from ssa.gov or ordered

by calling 1-800-772-1213. Benefit estimates received from the Social

Security Administration do not reflect reductions under the WEP or GPO.

The Social Security website also allows workers to view an online version

of their Social Security earnings and benefits statements. You can also

estimate your retirement, disability and survivor benefits. If you enter

your earnings history (found on your Social Security Statement) and

specific information about your non-covered pension, the detailed

calculator can refigure your benefit, including the adjustment for the

WEP.

Post-Separation Employment

30. Are there restrictions on my seeking non-Federal employment while I am

currently employed? Will I have any post-employment restrictions?

Yes, there are a number of restrictions. However, because of the

complexity of the issues involved, you should address any questions to

your agency’s Designated Agency Ethics Official or to the Office of

Government Ethics.

31. May I compete for other Federal jobs in my agency or in other Federal

agencies?

You may compete for any Federal career jobs that are open for

applications from the general public. This would include jobs announced

through OPM and jobs announced by agencies when the announcement

specifies that applications will be accepted from all sources. However,

many agency jobs are open only to current career employees or status

candidates. You could not apply for those positions unless you had

previous Federal career service and the announcements were open to

reinstatement or status candidates.

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Some non-political jobs are filled in what is called the excepted service.

These jobs are excepted from the specific appointment procedures

required for competitive career jobs although they are subject to the

basic principle of selection based on merit. Agencies may establish their

own procedures and qualification requirements for filling certain excepted

service positions. If you qualify for such a position, you will be

considered in accordance with the agency’s procedures.

You may compete for an SES career appointment when the position is

advertised under proper merit staffing procedures. However, if you are a

noncareer SES appointee, you cannot receive a career SES appointment

in your current position, or a successor position, since there is no bona

fide vacancy.

32. Where and how can I find current job openings and other information on

applying for other Federal jobs?

OPM provides access to employment information through USAJOBS, the

official job site of the United States Federal Government. USAJOBS can

be accessed through the Internet at usajobs.gov.

USAJOBS enables job seekers to use a single system to locate many

positions across the Federal Government and use a single résumé to

apply for positions across the Government.

33. What are my reinstatement rights if I previously worked for the Federal

Government in a career (competitive) position?

You do not have a right (i.e., an entitlement) to be reinstated to a career

job. However, if you are eligible for veterans’ preference, if you had

career tenure, or if you have not had a break in Federal service of more

than 3 years since you left a competitive service job, you do have

reinstatement eligibility in the competitive service. This means that you

may apply for jobs open only to status candidates and do not have to

compete for employment with candidates from outside the Government.

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However, agencies do not have to consider reinstatement candidates for

any particular job.

However, you have lifetime reinstatement eligibility if you left a

permanent competitive service job with career tenure or you are a

veterans’ preference eligible and left with career-conditional tenure.

(Non-veterans’ preference eligibles who separate with career-conditional

tenure generally have 3 years of reinstatement eligibility.) [5 CFR

315.401].

You may be reinstated in the SES if you previously successfully

completed the 1-year SES probationary period as a career appointee, or

if you converted to a career SES appointment when the SES was

established in 1979. However, separation from the SES career

appointment must not have been for performance or disciplinary

reasons. [5 CFR 317.702]

34. If I am reemployed in the Federal Government, must the agency match

my current salary and grade?

An agency is not required to match your salary and grade. However, if

you are reemployed in a General Schedule (GS) position, an agency may,

if its internal rules permit, set your basic pay based on the highest

previous rate you received in the Federal Government, but not above the

highest rate for the grade of the new position. If you are reemployed

following a break in service of at least 90 days, an agency may, if its

internal rules permit, use the superior qualifications and special needs

pay-setting authority to set your GS pay above step 1, not to exceed

step 10, based on your superior qualifications or a special need of the

agency for your services.

35. If I retire, can I later return to Federal service?

Yes. However, depending on the type of annuity you receive, in most

cases your annuity will terminate or your salary as a reemployed

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annuitant will be offset by the amount of your annuity. There are

exceptions, as indicated in the paragraph on “Reemployed Annuitants”.

If you received a lump-sum payment for unused annual leave and are

reemployed in the Federal service before the end of the annual leave

period covered by the lump-sum payment, you must refund a portion of

the lump-sum payment. The refunded portion covers the period between

the date of reemployment and the expiration of the lump-sum leave

period. Upon full refund, your employing agency will recredit to you the

amount of annual leave that is equal to the days or hours of work

remaining between the date of reemployment and the expiration of the

lump-sum leave period.

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Appendix B: Appointments and Awards During the 2020

Presidential Election Period

This memo was released on September 22, 2020 and is available on the

CHCOC website.

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Appendix C: Sample Separation Notice

Notice of Removal to an Employee who does not have a property right to the

job under law or regulation, e.g., Noncareer SES Appointee, Schedule C

without status in the position.

Mr. C. B. Blank

4731 99th Avenue

Washington, D.C.

Dear Mr. Blank:

This is to notify you that your service as (insert position title) will be

terminated effective at the close of business, (insert date).

Under the law, incoming leadership has the authority to select staff in whom

it has personal confidence to carry out its policy goals. This often

necessitates the replacement of existing personnel. As a result, this action

should not be construed in any way as a reflection on you personally or on

your performance under the prior leadership.

Sincerely yours,

(Insert Name)

(Insert Title)

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Appendix D: Q&A on Senior Executive Service

This appendix provides technical guidance, in the form of questions and

answers, on transition to a new Presidential term or Presidential

administration as it may affect the Senior Executive Service (SES). This

material supplements the information in other parts of the Transition

Guidance.

• Career Appointments

• Reassignments and Details of Career Appointees

• Career Appointees Who Accept Appointment Outside the SES

• Noncareer and Limited Appointments

• Pay and Other Compensation

• Leave

• Performance Appraisals

• Awards

• Removals and Other Separations

• Experts and Consultants

• Miscellaneous

Career Appointments

1. Are there any special procedures that agencies must follow in making

career appointments during the transition?

As with staffing actions at any time, appointments must meet all civil

service laws, rules, and regulations and be free of any impropriety.

Agencies should also refer to the memorandum of January 11, 2016, to

agency heads concerning limitations on appointments and awards during

the election period (Appendix B). (See also Question 27)

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All initial career appointments to the SES must be made under SES merit

staffing procedures, and the executive qualifications of the selected

candidate must be approved by an OPM-administered Qualifications

Review Board (QRB) before appointment can occur. Since the SES is

separate from the competitive and excepted services, there is no

provision for noncompetitive movement from the other services to a

career SES appointment. [5 U.S.C. 3393; 5 CFR part 317, subpart E.]

2. Does a transition affect the processing of actions by a Qualifications

Review Board?

OPM will impose a moratorium on the processing of an agency’s SES

Qualifications Review Board (QRB) cases when the agency head departs

for any reason, effective on the date of his or her departure. A QRB

moratorium will also be imposed when the head of an agency announces

his or her intention to leave that office, effective immediately upon that

announcement. This is done to enable the incoming head of that agency

to exercise his or her prerogative to make or approve executive resource

decisions that will affect the agency’s performance during his or her

tenure.

While a QRB moratorium is intended to preserve the prerogatives of an

incoming agency head, this must be balanced against the need to ensure

the continuity of agency operations during such transitions. Accordingly,

OPM will consider requests for exceptions to an agency’s QRB

moratorium on a case-by-case basis. Requests for exceptions should be

signed by the agency head or the official who is designated to act in the

agency head’s absence and must specifically address the potential for

adverse impact on national security, homeland security, or critical

agency mission, program, or function if a particular SES candidate is not

immediately certified. [5 CFR 317.502 (d)]

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3. Do individuals who formerly held career SES appointments need to

compete and be approved by a Qualifications Review Board to get a new

career SES appointment?

If the individual successfully completed the SES probationary period or

did not have to serve one (e.g., converted to the SES as a career

appointee when the SES was established in 1979), the individual may be

noncompetitively reinstated in the SES. However, separation from the

SES must not have been for performance or disciplinary reasons. There

is no time limit on reinstatement eligibility after leaving the SES. [5

U.S.C. 3593; 5 CFR part 317, subpart G]

Reassignments and Details of Career Appointees

4. What authority does an agency head have to reassign career SES

appointees?

Career SES appointees may be reassigned to any SES position in the

agency for which they are qualified without OPM approval. One of the

basic premises of the SES was to enable an agency head to reassign

senior executives to best accomplish the agency’s mission. However,

there are a number of restrictions in the law to protect career executives

from arbitrary or capricious actions, as indicated in Questions 5 through

14. [5 U.S.C. 3395; 5 CFR 317.901]

5. What advance notice requirements apply to the reassignment of career

SES appointees?

The appointee must be given a 15-day advance written notice if the

reassignment is within the same commuting area and a 60-day advance

written notice if the reassignment is between commuting areas. The

agency must consult with the appointee before providing a 60-day

advance notice for a geographic reassignment, and the advance notice

must include the reasons for the action. [5 U.S.C. 3395(a)(2); 5 CFR

317.901(b)]

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6. If a career SES appointee is reassigned to an SES position where the

individual will have a policy-making role, is it necessary for the appointee

to give up his or her career status?

No. A career SES appointee may be reassigned to any SES position and

retain career status. If a career appointee elects to accept a noncareer

or limited appointment, the voluntary nature of the action must be

documented in writing before the effective date of the action, and a copy

of the documentation must be maintained as a permanent record in the

individual’s Official Personnel Folder. [5 CFR 317.904]

7. What protections do career SES appointees have against involuntary

reassignment?

A career SES appointee cannot be involuntarily reassigned within 120

days after the appointment of a new agency head or the appointment of

a new noncareer supervisor who has authority to make the initial

performance appraisal of the career appointee. The 120-day moratorium

is a protection built into the law to prevent peremptory reassignments

before the capabilities of the career appointee are known.

This restriction does not apply to a reassignment action taken as a result

of an unsatisfactory performance rating, if the rating was given before

the appointment of the new agency head or noncareer supervisor.

However, if an unsatisfactory rating is given during a moratorium, the

resulting reassignment cannot be effected until the moratorium ends.

(See Question 26) concerning the moratorium on appraisal and rating of

a career appointee’s performance within 120 days after the beginning of

a new President’s term of office.) [5 U.S.C. 3395(e); 5 CFR 317.901]

8. How is the advance notice requirement affected by the moratorium?

The 120-day moratorium does not interrupt or affect the progress of a

15- or 60-day advance notice; however, it can prevent the agency from

taking action immediately upon expiration of the advance notice period.

This depends upon when the advance notice is issued. If an advance

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notice is issued after the 120-day moratorium begins, the reassignment

may not be effected until after the moratorium ends. If an advance

notice is issued before the 120-day moratorium starts, the reassignment

may be effected when the advance notice period ends even if the

moratorium is still in effect.

It is not appropriate for a proposed agency head or noncareer supervisor

to have someone else issue a reassignment notice before the 120-day

moratorium starts to avoid application of a moratorium. The action must

be initiated independent of the incoming agency head or noncareer

supervisor. [5 U.S.C. 3395(e); 5 CFR 317.901]

9. Who is covered by a moratorium initiated by the appointment of a

noncareer supervisor?

A moratorium on involuntary reassignments initiated by the appointment

of a noncareer supervisor applies only to those career appointees for

whom the noncareer supervisor gives the initial performance appraisal.

It does not apply to those career appointees for whom the new

noncareer appointee serves as the higher level supervisor and functions

as a reviewing official or final rater but does not give the initial

performance appraisal. While this moratorium precludes involuntarily

reassigning specific career appointees, it does not otherwise restrict a

new noncareer appointee’s delegated authority to reassign other career

appointees to whom no moratorium applies. [5 U.S.C. 3395(e); 5 CFR

317.901(c)]

10. Who is considered a “noncareer appointee” for purposes of initiating the

moratorium on involuntary reassignments?

A noncareer appointee includes an SES noncareer or limited appointee,

an appointee in a position filled by Schedule C appointment, or an

appointee in an Executive Schedule or equivalent position that is not

required to be filled competitively. [5 CFR 317.901(c)]

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11. Can an agency head take an involuntary reassignment action instead of a

noncareer supervisor?

If a moratorium is initiated by the appointment of a noncareer appointee,

the agency head may not involuntarily reassign a career appointee to

whom the moratorium applies (as defined in Question 9), even if the

agency head has been in office more than 120 days. [5 U.S.C. 3395(e);

5 CFR 317.901(c)]

12. Is a moratorium on involuntary reassignments initiated when an “acting”

agency head or noncareer supervisor is named?

No. The designation of an “acting” agency head or noncareer supervisor

(e.g., by a detail or when a deputy acts in the position) is not considered

an appointment. Therefore, the statutory moratorium technically does

not apply. However, the agency, at its discretion, may apply the

moratorium in such situations. In this case, if the “acting” individual is

later permanently appointed to the position without a break in service,

time spent under the agency-imposed moratorium counts toward the

120-day moratorium initiated by the permanent appointment. [5 CFR

317.901(c)(5)]

13. May career SES appointees be reassigned voluntarily before the 15- or

60-day advance notice period and/or the 120-day moratorium on

involuntary reassignments has ended?

Yes. However, the career appointee must agree in writing to the

reassignment. The agreement is retained as a temporary record in the

appointee’s Official Personnel Folder. [5 CFR 317.901(c)(3)]

14. May career SES appointees be detailed during the 120-day moratorium

on involuntary reassignments?

Yes. If a career appointee is detailed during the moratorium, the first 60

days of the detail (or any combination of details) do not count against

the 120 days. For example, if the employee is placed on a 90-day detail,

the first 60 days would be added to the 120 days, and the moratorium

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would last 180 days. Although there is no limit on the total length of a

detail during the moratorium, any detail during the period must meet the

detail requirements in the regulations and should be made judiciously

and only when there is a clear, bona-fide need. [5 U.S.C. 3395(e); 5

CFR 317.901(c)(4) and 317.903]

15. Does the moratorium on involuntary reassignments apply to a

realignment or position abolishment?

No. The 120-day restriction does not apply to a realignment, which is

the movement of an employee and the employee’s position when a

transfer of function or an organization change occurs within the same

agency and there is not a change in the employee’s position.

The 120-day restriction does not preclude the abolishment of a position

during the moratorium. For example, a position could be abolished, and

the incumbent could elect immediate discontinued service retirement or

agree to an immediate voluntary reassignment. However, the incumbent

could not be involuntarily reassigned until the 120 days have elapsed.

[See 5 CFR 317.901(a) for definition of reassignment]

Career Appointees Who Accept Appointment Outside the SES

16. What benefits may career SES appointees retain if they accept

Presidential appointments or certain other appointments to positions paid

equivalent to Executive Level V or higher?

The following provisions apply to a career SES appointee who is

appointed by the President, subject to Senate confirmation (PAS), to a

civilian position in the executive branch which is not in the SES, and for

which the rate of basic pay payable is equal to or greater than the rate

payable for level V of the Executive Schedule. The same provisions apply

to a career appointee who is appointed (by the President or other

appointing authority) to a civilian position in the executive branch which

is not in the SES and which either is covered by the Executive Schedule

or has a rate of basic pay fixed by statute at a rate equal to one of the

levels of the Executive Schedule.

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If the appointment is made without a break in service, the individual may

elect to retain any or all of the following SES benefits: SES basic pay

(including the SES aggregate pay limit); eligibility for performance and

rank awards; severance pay; annual and sick leave; and retirement.

(The individual retains his or her current retirement coverage. However,

if the position to which the individual is appointed is an Executive

Schedule position listed in 5 U.S.C. 5312-5317, the individual is subject

to mandatory Social Security coverage. An individual under CSRS would

then be covered under CSRS-Offset.)

If the individual elects to retain severance pay coverage, the individual is

entitled to severance pay if involuntarily separated from the Presidential

appointment and if otherwise eligible, even if the individual is entitled to

reinstatement in the SES (see Question 17). A resignation is considered

an involuntary separation for severance pay purposes if the SES member

resigns after receiving a written resignation request or notice of

separation from the President or an authorized representative. A self-

initiated resignation is not qualifying for severance pay.

See Question 27 for information about restrictions on granting awards to

Presidential appointees who were SES career appointees and retained

awards eligibility. [5 U.S.C. 3392(c); 5 CFR part 317, subpart H]

17. What are the reinstatement rights of a former career SES appointee who

took a Presidential appointment?

A former career SES member who received a Presidential appointment

without a break in service from the career SES appointment is entitled to

reinstatement to the SES. (This applies regardless of the pay rate of the

position held as a Presidential appointee.) The individual must have left

the Presidential appointment for reasons other than misconduct, neglect

of duty, or malfeasance. OPM will provide placement assistance (and

direct placement if necessary) if the individual applies to OPM within 90

days after separation. The individual also may negotiate his or her own

reinstatement without OPM assistance. Note that a former post-

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probationary career SES appointee who can elect to retain certain SES

benefits under 5 U.S.C. 3392(c) (see Question 16) but is not a

Presidential appointee is eligible for, but not entitled to, reinstatement to

the SES. A former probationary career SES appointee who can elect to

retain benefits under 5 U.S.C. 3392(c) but is not a Presidential appointee

is not eligible for reinstatement to the career SES appointment. [5

U.S.C. 3593(b); 5 CFR part 317, subpart G]

If the individual elected to continue SES pay while serving in the

Presidential appointment (see Question 16), the appointee’s pay rate

does not change on reinstatement unless 12 months have elapsed since

his or her last pay adjustment, except as allowed under OPM regulations.

If 12 months have elapsed, the appointee’s pay may be increased. Any

adjustments in the individual’s pay will be subject to the normal SES pay

rules. If the individual did not elect to continue SES pay and is later

reinstated in the SES, the agency may set his or her pay at a rate within

the SES pay range, subject to the requirements in OPM regulations. [5

CFR part 534]

If eligible, the individual may apply for discontinued service retirement

(DSR) when the Presidential appointment is terminated, instead of

reinstatement in the SES, whether or not the individual has received a

job offer in the SES. OPM considers the resignation of a Presidential

appointee to be an involuntary separation for DSR purposes whenever it

is submitted and accepted. [CSRS and FERS Handbook for Personnel

and Payroll Offices, Chapter 44 – see

http://www.opm.gov/retire/pubs/handbook/hod.htm]

18. Can SES appointees be reinstated to the competitive service?

Yes, if they held a competitive service appointment before their SES

appointment and meet certain other conditions. Career SES appointees

who are eligible for reinstatement in the competitive service may be

appointed to any competitive service position for which they qualify, at

any grade or salary level, including senior-level positions. We advise

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appointees interested in reinstatement to the competitive service to

consult with their agency’s Human Resources Office to verify their

reinstatement eligibility. [5 CFR 315.401 and 335.103(c)(3)(vii)]

Noncareer and Linear Appointments

19. Are there any restrictions on making noncareer or limited SES

appointments?

Yes. The agency must receive a noncareer appointment authority from

OPM before making the appointment. When the individual leaves the

position, the appointment authority reverts to OPM. The agency must

get a new authority from OPM before making another noncareer

appointment to the position. (Note that an agency must obtain OPM

approval for an appointment authority to reassign a noncareer appointee

to another SES position or to transfer a noncareer appointee from

another agency.) The agency approves the qualifications of the

appointee, and the appointment is made noncompetitively. The White

House Office of Presidential Personnel must also approve each noncareer

appointment before the agency makes that appointment, except that an

appointment to or from any SES position within an independent

regulatory commission is not subject to review or approval by any entity

of the Executive Office of the President. [See 5 U.S.C. 3392(d).]

Agencies must obtain limited appointment authorities from OPM on a

case-by-case basis, but OPM has provided a “pool” of authorities equal to

3 percent of each agency’s SES space allocation. An agency can use its

pool without prior OPM approval for SES limited appointment of career or

career-type non-SES employees to positions appropriate for the type of

appointment. Such appointments are made to SES positions established

within the agency’s existing number of SES spaces, unless the agency

requests and OPM approves a new temporary SES space.

The law limits the total number of SES positions that can be filled by

noncareer appointment to 10 percent of the Governmentwide SES space

allocation and 25 percent of an individual agency’s allocation (unless the

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allocation is 3 or less). Additional limitations are imposed,

administratively or by other statutes, on an agency-by-agency basis.

The law also limits the number of SES positions that can be filled by

limited appointment to 5 percent of the Governmentwide SES space

allocation. [5 CFR part 317, subpart F]

20. What assistance is available from OPM to help agencies during transition?

OPM may make SES limited term appointment authorities available to

agencies for positions related to a transition. These appointments

normally are for no longer than 6 months. (If an SES authority would

not be appropriate, e.g., the position is senior-level rather than SES,

under conditions prescribed in regulation, agencies may establish

temporary transitional Schedule C positions during the 1-year period

immediately following a change in Presidential administration, the

appointment of a new department or agency head, or the creation of a

new department or agency to facilitate transition.) [See 5 CFR 213.3302

for Schedule C]

21. Can SES noncareer or limited appointments be used for individuals who

are awaiting Senate confirmation?

Yes. OPM may authorize a noncareer or limited appointment authority

for an individual who has been nominated by the President, but whose

appointment is pending Senate confirmation. Such appointments may

not be made to the position for which the individual has been nominated.

Rather, the individual normally serves in an advisory capacity in another

position until confirmed. (Instead of an SES appointment, agencies may

use a consultant appointment under 5 U.S.C. 3109, provided the

appointment is not to an SES position, the individual meets the definition

of a consultant, and the work assigned requires consultant services. See

also Questions 33 and 5 CFR part 304.)

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22. Are individuals who receive SES limited emergency and limited term

appointments eligible for health benefits, life insurance, and retirement

coverage?

Yes, if the agency designates the appointment as provisional or the

appointment is for more than 1 year. For example, an agency may

designate an appointment of 1 year or less as provisional when it is

expected that the individual will be converted to a nontemporary SES

appointment (career or noncareer) or to a non-temporary Presidential

appointment upon OPM approval, White House clearance, and/or

confirmation by the Senate. The limited emergency or limited term

appointment must be designated as a “provisional appointment” on the

SF-50, Notification of Personnel Action. The appointee will then be

eligible for health benefits, life insurance, and retirement coverage. [See

5 CFR 316.403; 5 CFR 317.602 for provisional appointments]

Pay and Other Compensation

23. Are there any restrictions on what a new SES appointee can be paid?

The agency determines the rate of pay within the SES rate range

applicable to the agency, subject to the requirements in OPM regulations.

The maximum for an agency with a certified performance appraisal

system is a rate equivalent to Executive Level II; otherwise, the

maximum is the rate for Executive Level III. In determining the initial

rate of basic pay, agencies must consider the nature and quality of the

individual’s experience, qualifications, and accomplishments as they

relate to the requirements of the SES position, as well as the individual’s

responsibilities in the job held immediately before the SES appointment.

Rates of basic pay above the rate for Executive Level III generally are

reserved for those executives who possess superior leadership or other

competencies. However, a senior executive’s salary above EX-III may

not be reduced due to transfer from an agency with a certified

performance appraisal system to an agency that does not have one.

Generally, an SES member may receive a pay adjustment only once

during any 12-month period. The setting of the initial SES pay rate

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triggers the 12-month clock. However, an agency may provide

additional pay increases under certain circumstances as provided in OPM

regulations. [5 U.S.C. 5383; 5 CFR part 534]

[Note: There is a pay freeze for certain senior political officials in 2020.

See the Compensation section for more information about this pay

freeze.]

24. What pay and other flexibilities are available to help recruit SES

personnel?

Agencies may use several discretionary pay flexibilities to deal with

documented staffing difficulties. Specific statutory and regulatory

conditions govern the use of each of these flexibilities. Full

documentation required by laws and regulations must be maintained,

and pertinent information will be subject to public scrutiny and third-

party review. We caution agencies to exercise these flexibilities

judiciously, especially when hiring other than career employees, and use

them only when necessary to address documented staffing problems.

• Payment of travel and transportation expenses to any individual for

pre-employment interviews and to a new appointee for moving

expenses from his/her place of residence to the duty station. [5

U.S.C. 5706b and 5723; 5 CFR part 572]

• Advance payment of basic pay covering not more than 2 pay periods

for a new appointee, except for appointment as agency head. [5

U.S.C. 5524a; 5 CFR part 550, subpart B]

• Recruitment or relocation incentives of up to 25 percent of annual

basic pay times the number of years in the service agreement (see

section for higher limits available with OPM approval), when it would

otherwise be difficult to fill a position and the action involves

recruitment of a new appointee in the Federal Government or

relocation of a current appointee to a different commuting area. In

return, an employee must sign an agreement to serve for a specified

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period of time – at least 6 months in the case of a recruitment

incentive. These incentives may not be paid to an employee in a

position:

o to which the individual was appointed by the President,

o in the Senior Executive Service as a noncareer appointee,

o which has been excepted from the competitive service by

reason of its confidential, policy-determining, policy-making,

or policy-advocating character,

o designated as the head of an agency, including an agency

headed by a collegial body composed of two or more

individual members,

o in which the employee is expected to receive an appointment

as an the head of an agency; or

o in the SES as a limited term appointee or limited emergency

appointee when the appointment must be cleared through the

White House Office of Presidential Personnel. [5 U.S.C. 5753;

5 CFR part 575, subparts A and B]

• Retention incentives of up to 25 percent of basic pay (see page 30 for

higher limits available with OPM approval) for an employee with

unusually high or unique qualifications or serving a special agency

need when the employee would be likely to leave Federal service or,

under certain limited conditions, likely to leave for a different position

in the Federal service. (The employee coverage exclusions noted

above for recruitment and relocation incentives also apply to

retention incentives.) [5 U.S.C. 5754; 5 CFR part 575, subpart C]

• Waiver of dual compensation restrictions for civilian retirees in certain

situations. In general, approval must be obtained from OPM on a

case-by-case basis, and the agency must have experienced

exceptional difficulty in recruiting a qualified employee for the

position. Agencies are cautioned that these waivers are intended to

be rare exceptions, used only in the most unusual circumstances – a

detailed justification that covers the criteria specified in the

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regulations must accompany the waiver request. (Agencies should

send waiver requests for positions above GS-15 to the Deputy

Associate Director for Executive Resources and Employee

Development.) As noted in the paragraph on “Reemployed

Annuitants”, there are exceptions under which agencies may grant

waivers without OPM approval under limited circumstances. [5

U.S.C. 8344 and 8468; 5 CFR part 553]

Leave

25. What leave benefits are available to SES employees?

SES employees are covered by the Federal leave system. They have

access to the same leave benefits that are available to other covered

employees, as described on pages 33 through 39.

Performance Appraisals

26. What effect does a change in Presidential administrations have on

performance appraisals?

Agencies cannot appraise or rate career SES appointees’ performance for

120 days following the inauguration of a new President (i.e., from

January 20 through May 19, 2017). This includes the supervisor’s initial

appraisal, higher level official’s review, a Performance Review Board’s

recommendations, and an appointing authority’s final rating. The length

of the performance appraisal period is not extended by this moratorium –

it just delays the appraisal and rating actions. However, this moratorium

does not preclude an interim appraisal when an appointee changes

positions or a supervisor leaves, nor does it preclude a progress review

during the appraisal period. [5 U.S.C. 4314(b)(1)(C); 5 CFR 430.309(b)]

Awards

27. Are there restrictions on awards during the transition period?

Yes. There is a statutory prohibition on granting awards under 5 U.S.C.

chapter 45 to senior politically-appointed officers during the Presidential

election period, defined as the period from June 1, 2020, through

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January 20, 2021. This prohibition applies to Schedule C appointees and

SES members who are not career appointees.

There is also a statutory prohibition on granting cash awards under

chapter 45 of title 5, United States Code, to Executive Schedule officials

at any time. These restrictions do not preclude a Presidential Rank

Award under 5 U.S.C. 4507 for a former career SES appointee who

elected to retain eligibility for Presidential ranks under 5 U.S.C. 3392(c)

upon appointment to an Executive Schedule position. Nor do they

preclude an SES performance award under 5 U.S.C. 5384, which is

granted under chapter 53 rather than chapter 45, for such an employee

who elected to retain eligibility for performance awards. An agency may

take a broad range of factors into account in exercising its discretion to

determine whether to grant an award in individual cases, including

budget limitations, restrictions on the size of the award pool,

Congressional concerns, and Administration policy.

Note: Until further notice, agencies may not grant discretionary awards,

bonuses, and similar payments to politically-appointed Federal employees.

OPM’s December 26, 2019 memorandum freezing discretionary awards,

bonuses, and similar payments for political appointees continues in effect

until further notice. Agencies should continue to apply this freeze in

accordance with OPM's guidance.

Removals and Other Separations

28. What restrictions are there on the removal of career appointees from the

SES?

Under 5 U.S.C. 3393(g), a career appointee may not be removed from

the Senior Executive Service or civil service except in accordance with

applicable provisions of sections 1215 (disciplinary action by the Merit

Systems Protection Board based on a written complaint by the Special

Counsel), 3592 (removal during the probationary period or removal at

any time for less than fully successful executive performance), 3595

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(removal by reduction in force), 7532 (removal in the interests of

national security), or 7543 (adverse action removal).

A career SES appointee cannot be involuntarily removed for performance

or during the probationary period within 120 days after the appointment

(including a recess appointment) of a new agency head or the

appointment of a new noncareer supervisor who has authority to remove

the career appointee. This restriction does not apply to (1) any adverse

action removal of a post-probationary career SES appointee under 5

U.S.C. 7543, (2) a removal under 5 U.S.C. 4314(b)(3) based on an

unsatisfactory performance rating issued before the moratorium, or (3) a

disciplinary removal of a probationer that was initiated before the

moratorium. [5 U.S.C. 3592(b); 5 CFR 359.406 and 359.503]

29. What effect does the 120-day moratorium on removals from the SES

have on completion of the 1-year SES probationary period by career

appointees?

The 120-day moratorium on removals does not interrupt or affect the

progress of an SES member’s 1-year probationary period. If the 120-day

moratorium prevents an agency from carrying out a decision to remove a

career appointee before the probationary year ends, the agency loses its

opportunity to remove the individual under probationary procedures.

There is one exception. The moratorium does not prevent a disciplinary

removal of a probationer that was initiated before the moratorium began.

[5 U.S.C. 3592(b); 5 CFR 359.406]

30. Can the resignation of an SES appointee during the change in

Presidential administrations or a change in agency leadership be

considered involuntary for the purpose of eligibility for discontinued

service retirement (DSR)?

Yes, in certain circumstances. A resignation qualifies for DSR if the SES

appointee (i.e., any noncareer appointee or a career appointee who

reports to a Presidential appointee) resigns in response to a written

request from an Administration official with the authority to request such

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resignation or from the new agency head. A copy of the request must

accompany the retirement application. (Note that a career appointee is

not obligated to comply with a request to resign, nor may the career

appointee be removed for not submitting a resignation.)

The resignation of a Presidentially-appointed policy-making officer

qualifies for DSR whenever the President accepts the individual’s

resignation. When it is known that a Presidential appointee is leaving,

OPM considers the resignation of a noncareer SES or Schedule C

appointee who works for that person to be an involuntary separation for

purposes of DSR. Agencies submitting retirement applications should

document the President’s acceptance of the resignation or that the

Presidential appointee for whom a separating Schedule C or noncareer

SES works is leaving.

In all cases, to be eligible for DSR, the appointee must meet all the other

DSR requirements, e.g., must have 25 years of service (at any age), or

be age 50 and have 20 years of service. [CSRS and FERS Handbook for

Personnel and Payroll Offices, Chapter 44.]

31. Under what conditions are career SES appointees who are involuntarily

separated entitled to severance pay?

To be eligible for severance pay, an employee must be serving under a

qualifying appointment, must have completed at least 12 months of

continuous service, and must be removed from Federal service

involuntarily.

An employee is not eligible for severance pay if he or she is serving

under a nonqualifying appointment, declines a reasonable offer, is

serving under a qualifying appointment in an agency scheduled by law or

Executive order to be terminated within 1 year after the date of the

appointment, is receiving injury compensation payments under

subchapter I of chapter 81 of title 5, United States Code (unless the

compensation is being received concurrently with pay or is the result of

someone else’s death), or is eligible upon separation for an immediate

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annuity from a Federal civilian retirement system or from the uniformed

services. For additional information on severance pay, see 5 CFR part

550, subpart G.

See also Question 16; on former career SES appointees who are entitled

to elect to continue severance pay benefits.

32. Are noncareer or limited SES appointees entitled to severance pay?

No, since they accept their appointments with a presumed understanding

that their tenure is less than career and that they are subject to removal

at any time. (Exception: if a full-time limited SES appointment begins

within 3 days after separation from a qualifying appointment without a

time limit, the limited appointment may convey severance pay eligibility

-- see your agency’s Human Resources Office.) Presidential appointees

are similarly not eligible for severance pay. [See 5 CFR 550.703 for

definition of "nonqualifying appointment"]

Experts and Consultants

33. How do you define “experts and consultants”?

An “expert” has unique or superior education, skills, and

accomplishments in a particular field and is regarded as an authority by

others in the field. The expert performs unusually difficult work beyond

the usual range of competent employees in the field.

A “consultant” provides advice, options, or recommendations on issues or

problems and usually has a high degree of administrative, professional,

or technical experience. The consultant may also be a person affected

by a program who can provide public input based on personal

experience. [5 U.S.C. 3109; 5 CFR part 304]

34. What are the limitations on expert and consultant appointments?

There are limitations on the length and type of appointment as well as on

the nature of the work they can do. Experts and consultants serve under

temporary appointments that are either temporary not to exceed 1 year

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or they are intermittent. An appointment is intermittent if the appointee

does not have a regular work schedule.

Experts and consultants may not serve in Senior Executive Service

positions or positions that require Presidential appointment and/or

Senate confirmation (but they may serve in an advisory capacity pending

confirmation). It is not appropriate to assign consultants to the policy-

making or managerial work that characterizes the SES.

Experts and consultants may not do work performed by the agency’s

regular employees or function in the agency’s chain of command. For

example, they may not supervise agency employees, direct the

preparation of a report or special study, or make decisions regarding

agency policies or programs. Their work must be strictly advisory in

nature (reviewing/recommending) or limited to a special project

requiring an exceptional level of expertise. [5 U.S.C. 3109; 5 CFR part

304]

35. How are experts and consultants paid?

Each agency determines the pay for experts and consultants based on

qualifications and the work to be performed. Experts and consultants

appointed under 5 U.S.C. 3109 may not be paid more than the daily or

biweekly rate for GS-15, step 10, excluding locality pay, unless

authorized by some other law. They may also be appointed without

compensation. Experts and consultants are not subject to the General

Schedule classification provisions in chapter 51 of title 5. See 5 CFR part

304 for additional information on pay limitations. [5 U.S.C. 3109; 5 CFR

part 304]

Miscellaneous

36. Can agencies have an overlap in an SES position for continuity during a

change in Presidential administrations or a change in agency leadership?

No. Agencies cannot employ two individuals in the same position at the

same time (“dual incumbency”). Nevertheless, there are options

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available to agencies to provide continuity in key positions and meet

other transition needs. When an incumbent’s intention to leave has been

documented, an agency may establish a different position to employ a

designated successor for a brief period pending the incumbent’s

departure.

For example, when an office director is leaving, a temporary special

assistant position could be established for a short period to facilitate

orientation of the incoming director to the office’s operations. OPM may

authorize the use of SES limited appointment authorities for short

periods of time for temporary executive positions established under such

circumstances. Agencies may also establish temporary transitional

Schedule C positions for similar non-executive positions to assist with

transitions, under circumstances described in Question 20. [See 5 U.S.C.

3132, 3134, and 3394; 5 CFR part 317, subpart F, for limited

appointments; 5 CFR 213.3302 for transitional Schedule C appointments]

37. What special requirements are there for SES actions in independent

regulatory commissions?

The appointment or removal of an SES appointee in an independent

regulatory commission may not be subject, directly or indirectly, to

review or approval by any officer or entity within the Executive Office of

the President. [5 U.S.C. 3392(d)]

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Appendix E: Q&A Federal Benefits for New Political Appointees

This appendix answers some of the basic questions that new political

appointees might ask about their eligibility for Federal health benefits, life

insurance, and retirement coverage. It is intended primarily for first-time

employees and employees (and annuitants) who are returning to

Government service after a break in service of a year or more. This material

supplements the information in other parts of the Transition Guide. For

more detailed information, please contact your agency’s Human Resources

Office.

1. Will I be eligible for Federal health benefits coverage?

Your eligibility for Federal Employees Health Benefits (FEHB) coverage

depends on the type of appointment you receive. Generally, full-time

and part-time Federal employees, as well as temporary or intermittent

Federal employees for whom the employing office expects the total hours

in pay status (including overtime hours) plus qualifying leave without pay

hours to be at least 130 hours per calendar month, are eligible to enroll

in FEHB.

2. Will I be eligible for premium conversion if I enroll in a FEHB plan?

Premium conversion is a tax benefit, which allows you to allot a portion

of your salary back to your employer, which your employer then uses to

pay your contribution for FEHB coverage. The allotment is made on a

pre-tax basis, which means that the money is not subject to Federal

income, Medicare, or Social Security taxes. All employees in the

executive branch of the Federal Government who are participating in the

FEHB Program, and whose pay is issued by an executive branch agency,

will have FEHB premiums paid under the premium conversion plan unless

they affirmatively elect out of premium conversion. Also, if you are

enrolled in the FEHB Program, employed outside the executive branch, or

your pay is not issued by an agency of the executive branch, you may be

eligible if your employer agrees to offer participation in the plan. For

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more information, use this link on premium conversion to visit OPM’s

website.

3. If I am eligible for FEHB coverage, do I need to take any action, or is

coverage automatic?

Coverage is not automatic. You must enroll within 60 days after you

become eligible and select the plan in which you want to be covered.

You will be able to choose from among several fee-for-service plans and

health maintenance organizations.

4. Am I able to elect an FEHB plan option for a High Deductible Health Plan

(HDHP) and a Health Savings Account (HSA) account?

The FEHB Program offers HDHPs with HSAs and health reimbursement

arrangements (HRAs) for those not eligible for HSAs. An HDHP with an

HSA provides traditional medical coverage and a tax-free way to help

you build savings for future medical expenses.

The HDHP features higher annual deductibles (e.g., a minimum of $1,400

for Self Only and $2, 800 for Self Plus One or for Self and Family

coverage) than other traditional health plans. The maximum out-of-

pocket limit for HDHPs participating in the FEHB Program in 2020 are

$6,900 for Self Only and $13,800 for Self Plus One and Self and Family

enrollment. The HSA and HRA associated with each HDHP will be funded

from premiums. The contribution or credit amount will vary from plan to

plan. Depending on the HDHP, you may have the choice of using in-

network and out-of-network providers. Using in-network providers will

save you money. With the exception of preventive care, you must meet

the annual deductible before the plan pays benefits. A maximum dollar

amount (up to $300, for instance) may apply.

When you enroll in an HDHP, the health plan determines if you are

eligible for a Health Savings Account (HSA) or a Health Reimbursement

Arrangement (HRA). If you are enrolled in Medicare, you are not eligible

for an HSA. Each month, the plan automatically credits a portion of the

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health plan premium into your HSA or HRA, based on your eligibility as of

the first day of the month. You can pay your deductible with funds from

your HSA or HRA. If you have an HSA, you can also choose to pay your

deductible out-of-pocket, allowing your savings account to grow.

5. Will I be eligible for FSAFEDS?

If you are an employee working for an executive branch agency or an

agency that has adopted the Federal Flexible Benefits Plan (“FedFlex”),

you can elect to participate in the Federal Flexible Spending Accounts

Program (FSAFEDS). FSAFEDS offers three different flexible spending

accounts (FSAs): a health care flexible spending account, a limited

expense healthcare flexible spending account, and a dependent care

flexible spending account.

New and newly-eligible employees have 60 days after their entry on duty

to enroll in this program. You cannot enroll in FSAFEDS after October 1.

However, there is also a Federal Benefits Open Season each year during

which you may enroll in an FSA for the following year.

6. Will I be eligible for Federal life insurance coverage?

Life insurance coverage also depends on the type of appointment you

receive. Generally, employees with permanent appointments are eligible

for life insurance coverage, while employees with temporary

appointments limited to 1 year or less are not eligible. However, if your

appointment is designated as a “provisional appointment,” you will be

eligible for life insurance coverage.

7. If I am eligible for Federal life insurance coverage, do I need to take any

action or is there automatic coverage?

If you are eligible for Federal life insurance coverage, you will have Basic

life insurance coverage automatically unless you waive it. If you want

more than Basic coverage, you must act within 60 days to select one or

more of three types of optional coverage.

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8. I am an annuitant. How will my health benefits and life insurance

coverage be affected when I become reemployed in the Federal service?

That depends on the kind of appointment you have when you become

reemployed. If you are a reemployed annuitant, your coverage may be

handled differently from other employees. You must consult with your

Human Resources Office. OPM, or the appropriate retirement system,

must be notified of your reemployment for FEGLI purposes.

9. Will I be eligible to apply for long term care insurance through the

Federal Long Term Care Insurance Program?

If you are employed in an eligible position, you may apply for this

insurance as a new employee using abbreviated underwriting, within 60

days after you begin your Federal position. Your spouse is also eligible

to apply with abbreviated underwriting during those 60 days. Either or

both of you may choose to apply. There is no “Self and Family” option.

Long Term Care Partners, the administrator of the program, will evaluate

your application and let you know if you are eligible to enroll in the

Program.

An “eligible” position means that you are in a position that conveys

eligibility for the Federal Employees Health Benefits Program, even if you

do not enroll in the FEHB Program. If you are unsure of your eligibility,

please ask someone in your agency’s Human Resources Office or visit

LTCFEDS.com.

10. Will I be eligible for coverage under the Federal Employees Dental and

Vision Insurance Program (FEDVIP)?

Federal employees eligible to enroll in the FEHB Program are eligible to

enroll in FEDVIP. As noted above, eligibility for FEHB coverage depends

on the type of appointment you receive. Generally, employees with

permanent appointments are eligible to enroll in FEHB and FEDVIP. Also,

if your appointment is designated as a “provisional appointment,” you

will be eligible for FEHB and FEDVIP coverage. (Provisional appointments

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are used to fill positions that are known to be permanent with the

expectation that the appointee will be converted to permanent status.)

11. If I am not enrolled in FEHB, can I still enroll in FEDVIP?

Yes, while you need to be eligible for FEHB, you don’t have to be enrolled

in FEHB to enroll in FEDVIP.

12. If I am eligible for FEDVIP coverage, do I need to take any action, or is

coverage automatic?

Coverage is not automatic. You must enroll within 60 days after you

become eligible and select the plan in which you want to be covered or

enroll during the annual open season each fall. You may enroll in either

a dental plan or a vision plan, or both.

13. Are FEDVIP premiums paid pre-tax?

Premiums are paid on a pre-tax basis (premium conversion) for active

employees. This is mandatory. Unlike the FEHB Program, employees

may not opt out of premium conversion for FEDVIP.

14. Will I be eligible for retirement coverage?

That will depend on the type of appointment you receive. If you receive

a permanent appointment, you will be eligible for retirement coverage.

Also, a “provisional appointment” (see Question 1) will confer retirement

coverage. Generally, if you receive a temporary appointment limited to

1 year or less, or if you are an intermittent employee, you will not be

eligible for retirement coverage. Other less common appointments may

also exclude you from coverage, so you should check with your

employing agency.

15. If I am appointed to a position that does confer retirement coverage,

what type of coverage will I have?

If this will be your first civilian Government service, you will be covered

by the Federal Employees’ Retirement System (FERS). FERS is a three-

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tiered system consisting of Social Security benefits, basic FERS (a

defined benefits plan), and the Thrift Savings Plan (a defined contribution

plan). Depending on your prior Federal service, you may be covered by

FERS, FERS-RAE or FERS-FRAE. FERS-RAE and FERS-FRAE receive the

same retirement benefit as FERS employees but pay a higher retirement

deduction.

If you have previous civilian service in the Government, you may be

covered, depending on the circumstances addressed in Question 16

below, either by FERS or a combination of the Civil Service Retirement

System (CSRS) and Social Security coverage called CSRS-Offset.

(Note: CSRS coverage without Social Security is available only to people

who (1) had only CSRS coverage; (2) return to CSRS-covered

employment after a break in service of less than 1 year; and (3) are not

required by law to have Social Security coverage in the new position.)

16. What factors will determine the specific retirement plan by which I am

covered?

If your previous Federal service was covered by FERS, your new

appointment will automatically be covered by FERS. You will also be

covered automatically by FERS if your previous civilian service totaled

less than 5 years. Generally, FERS coverage also applies if none of your

prior service was covered by CSRS (or the Foreign Service Retirement

System).

If you are not automatically covered by FERS and your appointment is

not excluded from retirement coverage, you will be covered under CSRS-

Offset and have an opportunity to elect FERS coverage within 6 months.

17. I took a refund of my retirement contributions after my previous service.

What effect will that have on my retirement coverage now?

None, but the amount of your future retirement benefits may be

affected.

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18. I am currently an annuitant. What will my retirement coverage be if I

am reemployed as a senior official?

Generally, if you are a FERS annuitant, you will remain subject to FERS

coverage upon reemployment.

Reemployed CSRS annuitants have different rules, depending on the type

of appointment they receive when reemployed and their prior retirement.

Your Human Resources Office can provide you with specific information

regarding your retirement coverage. If you are covered under CSRS or

CSRS-Offset, you will have a 6-month window to elect FERS.

If you are employed by the Department of Defense, you will be excluded

from FERS and CSRS and will be covered only by Social Security (unless

your retirement was an involuntary retirement and you elect to be

covered under FERS or CSRS).

19. I am an annuitant. What happens to my annuity if I accept a position

with the new administration?

In most cases, you will continue to receive your annuity, but the amount

of your annuity will be offset from your salary. However, your annuity

would be terminated upon reemployment if:

• You retired under CSRS, your annuity is based on an involuntary

separation, and reemployment is to an appointment that provides

retirement coverage (see Question 10; page 104;

• You retired under CSRS and you are reemployed in a Presidential

appointment subject to retirement coverage; or

• You retired on disability under either CSRS or FERS, and OPM finds

you recovered or restored to earning capacity.

If you are employed by the Department of Defense, generally your

annuity will continue and you will receive the full salary for your position.

Under these circumstances, you will earn no additional retirement

benefits. If your retirement was an involuntary retirement, however,

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and you elect to be covered under CSRS or FERS (based on the

retirement coverage you had at retirement), the rules described in the

first paragraph will apply.

20. I am a former Member of Congress. What will my retirement status be in

my new appointment?

Because of the special rules that apply to the reemployment of Members

of Congress, your agency benefits officer should request assistance from

OPM’s Benefits Officers Development and Outreach (202-606-0788).

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Appendix F: Merit System Principles

(5 U.S.C. 2301(b))

1. Recruitment should be from qualified individuals from appropriate sources

in an endeavor to achieve a work force from all segments of society, and

selection and advancement should be determined solely on the basis of

relative ability, knowledge, and skills, after fair and open competition

which assures that all receive equal opportunity.

2. All employees and applicants for employment should receive fair and

equitable treatment in all aspects of personnel management without

regard to political affiliation, race, color, religion, national origin, sex,

marital status, age, or handicapping condition, and with proper regard

for their privacy and constitutional rights.

3. Equal pay should be provided for work of equal value, with appropriate

consideration of both national and local rates paid by employers in the

private sector, and appropriate incentives and recognition should be

provided for excellence in performance.

4. All employees should maintain high standards of integrity, conduct, and

concern for the public interest.

5. The Federal work force should be used efficiently and effectively.

6. Employees should be retained on the basis of adequacy of their

performance, inadequate performance should be corrected, and

employees should be separated who cannot or will not improve their

performance to meet required standards.

7. Employees should be provided effective education and training in cases

in which such education and training would result in better organizational

and individual performance.

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8. Employees should be–

• protected against arbitrary action, personal favoritism, or coercion for

partisan political purposes, and

• prohibited from using their official authority or influence for the

purpose of interfering with or affecting the result of an election or a

nomination for election.

9. Employees should be protected against reprisal for the lawful disclosure

of information which the employees reasonably believe evidences–

• a violation of any law, rule, or regulation, or

• mismanagement, a gross waste of funds, an abuse of authority, or a

substantial and specific danger to public health or safety.

U.S. Oﬃce of Personnel Management

Employee Services

1900 E Street, NW, Washington, DC 20415

OPM.GOV

ES-03375-12/2020