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OPM.gov / Policy / Hiring Information / Dual Compensation Waivers /

Dual Compensation Waivers

 

Guidance

Reemployment of Civilian Retirees to Meet Exceptional Employment Needs

The regulations guiding Reemployment of Civilian Retirees to Meet Exceptional Employment Needs are found in the Code of Federal Regulations (CFR). The citation is 5 CFR part 553. The questions and answers listed here are not meant to be a substitute for reading the regulations. We hope this information will be helpful to your agency's managers and human resources specialists.

Recent Changes

  • What are the new changes to the regulations pertaining to salary offset (dual compensation) waivers? View more

    The final regulations clarify that it is possible to grant a waiver on the grounds of "other unusual circumstances" that do not rise to the level of a true emergency. To do this we restricted 5 CFR 553.201(c) to emergencies and added a new paragraph, "Requests based on other unusual circumstances" at 5 CFR 553.201(f).

    Similarly, for agency requests for delegated authority, we modified 5 CFR 553.202(b)(1) to separate other unusual circumstances from emergencies.

  • Why were these changes made? View more
    OPM made these changes to provide ourselves with the same flexibility the statute affords. In essence we wanted to clarify that OPM may grant or delegate to agencies the authority to grant salary offset waivers in situations resulting from emergencies posing immediate and direct threat to life or property or situations resulting from other unusual circumstances that do not rise to the level of a true emergency.

General Provisions

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Emergency Hiring Need

Severe Recruiting Difficulty

  • Is public notice (i.e., a USAJOBS vacancy announcement) always required before OPM will consider an agency request under "severe recruiting difficulty"? View more

    Public notice is required whenever the position the agency is seeking to fill via waiver requires it (i.e., positions in the competitive service or Senior Executive Service). Agencies are not required to describe the results of public notice in their waiver requests for excepted service positions because these positions do not require public notice prior to being filled.

    When public notice is required, OPM recommends agencies describe all methods of recruiting (e.g., newspaper ads, notices in professional journals, or in-house recruiting) in their requests. Such information may strengthen an agency's case for a severe recruiting difficulty.

  • Must an individual for whom a waiver is being sought be the only qualified candidate or can he/she be one of several qualified candidates? View more
    The individual for whom an agency is seeking a waiver based on a severe recruiting difficulty must be the only qualified candidate described in the agency's recruiting efforts. For these purposes, a minimally qualified candidate is a qualified candidate.
  • What documentation must agencies submit in order to receive consideration from OPM under the "severe recruiting difficulty" criteria? View more

    Agencies MUST submit documentation, for requests based on a severe recruiting difficulty, which describes:

    • A statement confirming that the person whom the agency wishes to employ is not currently a Federal employee, i.e., is already a Federal annuitant;
    • A statement that the annuitant whom the agency wishes to reemploy will not accept the offer without a waiver;
    • The name of the individual for whom the waiver is being requested;
    • The appointing authority the agency intends to use to reemploy the annuitant.;
    • The position to which the agency intends to reemploy the annuitant;
    • The length of the agency's recruiting efforts;
    • The breadth of the agency's recruiting efforts;
    • The results of the agency's recruiting efforts; and
    • Any other factors (e.g., unusual qualification requirements or working conditions) which demonstrate that a legitimate recruiting need cannot be met without the requested waiver.

    Agency requests should contain the specific dates during which vacancy announcements were open; the number of applicants for each vacancy announcement advertised; the number of applicants referred to the selecting official; and an explanation as to why none of these candidates was selected.

Need to Retain a Particular Individual

  • May OPM approve waivers under the "need to retain" criteria for individuals who no longer work for the requesting agency? View more
    No. OPM cannot grant waivers under "need to retain" for individuals who are no longer on the agency's rolls.
  • May OPM approve waivers under the "need to retain" category to retain an individual to perform all of the duties of the position he or she held prior to retirement? View more
    No. Section 553.201(e) provides for retention of an individual uniquely qualified for an on-going project. Section 553.201(e) does not provide for retention of an individual to perform all of the duties of the position that he or she held prior to retirement. For these purposes, a project may encompass a subset of the duties performed by the individual prior to retirement, but should, in fact, be properly describable as a "project" within the usual sense of that word. OPM will not grant waivers under the "need to retain" category merely to avoid delay in scheduled completion of on-going work.
  • What documentation must agencies submit in order to receive consideration from OPM under the "need to retain a particular individual" criteria? View more

    Agencies MUST submit documentation, for requests based on a need to retain a particular individual, which describes each of the following:

    • A statement confirming that the person whom the agency wishes to retain is currently working for the agency;
    • A statement that the employee whom the agency wishes to retain intends to retire (or, in the case of an annuitant currently reemployed without a waiver, intends to resign) and will not stay on without a waiver.
    • The name of the individual for whom the waiver is being requested;
    • The appointing authority the agency intends to use to retain the person;
    • The position in which the agency intends to retain the annuitant;
    • Critical nature of the project
      • The importance of the project to the agency's mission;
      • Potential costs of project failure or delay;
      • Any legislative or Presidential deadlines;
      • Any other factors demonstrating that the project is unusually critical
    • Candidate's unique qualifications
      • The knowledge, skills, and abilities possessed by the candidate that are essential for successful completion of the project;
      • Justification that these knowledge, skills, and abilities could not be acquired by another appointee within a reasonable amount of time
    • Other staffing options
      • Why the work could not be assigned to other employees involved with the same project

Other Unusual Circumstances

Delegation of Waiver Authority

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on this page

Dual Compensation Waiver Templates

Agencies should use the below templates to submit a dual compensation (salary offset) waiver request to OPM. Each template lists the criteria OPM must consider when reviewing requests, and using the templates may eliminate the need for OPM to seek follow-up information. Finally, please refer to OPM's Reemployment of Civilian Retirees to Meet Exceptional Employment Needs for additional guidance on dual compensation waivers.

Visit our Staffing, Recruiting, Examining, and Assessment Policy page for more hiring authority information.

Emergency Hiring Need

Honorable {Name of Director of OPM}
Director
U.S. Office of Personnel Management
Washington DC 20415

Dear Director {Name of Director of OPM}:

The {name of requesting agency} requests a dual compensation reduction (salary offset) waiver for Mr. (or Ms.) ___________. This waiver will enable {name of requesting agency} to reemploy Mr. (or Ms.) ________ for work needed to respond to {describe the military threat, natural disaster, or other unforeseen occurrence (e.g., an outbreak of pandemic influenza) for which the individual's services are needed. Emergencies must involve direct threats to life or property.} The {name of requesting agency} will appoint Mr. (or Ms.) ________ on a {indicate the appointing authority which the agency intends to use to reemploy the annuitant} appointment to {indicate the position the reemployed annuitant will have.}

The {name of requesting agency} is requesting this waiver under the criteria in 5 CFR 553.201 (c) - "Requests based on an emergency hiring need." The criteria for approving a waiver for Mr. (or Ms.) __________ are met by the following information:

  1. Nature of emergency. {describe the emergency – military threat, natural disaster, or unforeseen occurrence, the date it occurred, and the expected duration of the emergency response effort needed by the individual for whom the waiver is being requested. Describe how the emergency poses a direct threat to life or property.}

  2. Need for Mr. (or Ms.) _______ services. Mr. (or Ms.) _______ {provide a description of how the individual is uniquely qualified for the emergency response work or explain how the number of positions to be filled and/or the urgency of response justifies the appointment of the individual without further delay in the context of the impact on life or property}

Sincerely,

{Name of requestor, and title}

Attachments (if any)

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Severe Recruiting Difficulty

Honorable {Name of Director of OPM}
Director
U.S. Office of Personnel Management
Washington DC 20415

Dear Director {Name of Director of OPM}:

The {name of requesting agency} requests a dual compensation reduction (salary offset) waiver for Mr. (or Ms.) ___________. The {name of requesting agency} is seeking a waiver for Mr. (or Ms.) ________ because we have had exceptional difficulty recruiting a qualified individual for the position of {state the position the reemployed annuitant will occupy}. The {name of requesting agency} will appoint Mr. (or Ms.) ________ on a {indicate the appointing authority which the agency intends to use to reemploy the annuitant} appointment to {indicate the position the reemployed annuitant will have.}

The {name of requesting agency} is requesting this waiver under criteria in 5 CFR 553.201 (d) - "Request based on severe recruiting difficulty." The criteria for approving a waiver for Mr. (or Ms.) ________ are met by the following:

  1. A description of the length, breadth and results of the agency recruitment efforts for the position. {Provide detailed specifics about your agencies recruiting efforts. Give detailed results of job postings, i.e. vacancy announcement number, open and close dates, number of applications received, number of qualified candidates, number of candidates referred to the selecting official, and describe/explain why your agency did not make a selection. In addition to USAJOBS postings, describe any additional recruiting efforts – job fairs, advertisements in professional journals, etc. If the position being filled is in the excepted service, you still must describe your agency's recruiting efforts – e.g., use of recruitment fliers, advertisements in professional or trade journals, campus recruiting, etc., and the results of those efforts. Mention the extent to which your agency used recruitment incentives to help fill this position. It is also recommended that you include documentary evidence of your recruitment efforts i.e., vacancy announcements.}

  2. Other factors demonstrating that a legitimate recruiting need cannot be met without the waiver. {describe any unusual qualification requirements, or how the working conditions (i.e., the location of the job or conditions specific to the nature of the work to be performed) of the position have impacted your ability to recruit qualified individuals. If you offered retention bonuses – give dates, etc. If applicable, explain why the position needs to be filled without further delay, and why continued recruiting efforts are not feasible}.

Sincerely,

{Name of requestor, and title}

Attachments (if any)

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Need to Retain

Honorable {Name of Director of OPM}
Director
U.S. Office of Personnel Management
Washington DC 20415

Dear Director {Name of Director of OPM}:

The {name of requesting agency} requests a dual compensation reduction (salary offset) waiver for Mr. (or Ms.) ___________. This waiver will enable {name of requesting agency} to retain Mr. (or Ms.) ________ in the position of {identify the position} in order to {indicate the specific ongoing project on which the individual will be working. Note: under this provision, individuals cannot be retained to continue all of the duties or functions of the position they held prior to retirement; they may only be retained for a specific project}.

The {name of requesting agency} is requesting this waiver under the criteria in 5 CFR 553.201 (e) - "Exceptions based on the need to retain a particular individual." The criteria for approving a waiver for Mr. (or Ms.) ________ are met by the following information:

  1. Critical nature of the project. Mr. (or Ms.) _______ will be {describe the project for which the individual is needed}. This project is important because {describe the importance of the project to the agency's mission. Also, describe the potential costs (can be cost in terms of impact or ramification) of project failure or delay, if any. Describe any legislative or presidential deadlines (be specific – particularly if timelines or milestones are involved), if any. Describe any other factors, as applicable, which demonstrate how the project is unusually critical}.

  2. Candidate's Unique qualifications. Mr. (or Ms.) _______ {describe the knowledge, skills, and abilities possessed by the candidate that are essential for successful completion of the ongoing project; Provide a justification which shows that these knowledge, skills, and abilities could not be acquired by another appointee within a reasonable amount of time}.

  3. Need for retention. Mr. (or Ms.) _______ will retire (or resign if currently reemployed without a waiver) and refuses reemployment without this waiver. Consequently, {name of requesting agency} will lose Mr. (or Ms.) _______ services unless the waiver is granted.

  4. Other staffing options. The project work Mr. (or Ms.) _______ will perform cannot be assigned to other employees involved with the same project because {explain why the work cannot be assigned to other employees involved with the same project}

Sincerely,

{Name of requestor, and title}

Attachments (if any)

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Other Unusual Circumstances

Honorable {Name of Director of OPM}
Director
U.S. Office of Personnel Management
Washington DC 20415

Dear Director {Name of Director of OPM}:

The {name of requesting agency} requests a dual compensation reduction (salary offset) waiver for Mr. (or Ms.) ___________. This waiver will enable {name of requesting agency} to reemploy Mr. (or Ms.) ________ for work needed as a result of {describe the unusual circumstance for which the individual's services are needed}. The {name of requesting agency} will appoint Mr. (or Ms.) ________ on a {indicate the appointing authority which the agency intends to use to reemploy the annuitant} appointment to {indicate the position the reemployed annuitant will have.}

The {name of requesting agency} is requesting this waiver under the criteria in 5 CFR 553.201(f) - "Requests based on other unusual circumstances." The criteria for approving a waiver for Mr. (or Ms.) ________ are met by the following information:

  1. The unusual circumstance. {describe the unusual circumstance, when it first occurred, and the length of time your agency expects the unusual circumstance to last.}

  2. Relationship between the waiver request and the agency's mission. {describe how the waiver request directly supports your agency's mission.}

  3. Why the unusual circumstance could not be avoided {explain how or why the unusual circumstance could not have been avoided/anticipated/addressed prior to the waiver request.}

  4. Candidate's unique qualifications. Mr. (or Ms.) _______ {describe the knowledge, skills, and abilities possessed by the candidate that are essential to the position being filled or that the urgency of response justifies making the appointment without further delay; Provide a justification which shows that these knowledge, skills, and abilities could not be acquired by another appointee within a reasonable amount of time}

Sincerely,

{Name of requestor, and title}

Attachments (if any)

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Delegation of Authority

Honorable {Name of Director of OPM}
Director
U.S. Office of Personnel Management
Washington DC 20415

Dear Director {Name of Director of OPM}:

The {name of requesting agency} requests delegated dual compensation reduction (salary offset) waiver authority as a result of {indicate the emergency or unusual circumstance for which the delegation of waiver authority is being requested.}

The {name of requesting agency} is requesting this waiver under the criteria in 5 CFR 553.202 - "Request for delegation of authority to approve reemployment without reduction or termination of annuity in emergencies or other unusual circumstances." The justification for delegation of waiver authority is as follows:

  1. Description of the situation(s) for which the authority is requested. {For emergencies - describe the military threat, natural disaster, or other unforeseen occurrence (e.g., an outbreak of pandemic influenza) for which the delegation is needed. Emergencies must involve direct threats to life or property. Describe how the emergency poses a direct threat to life or property. For unusual circumstances – describe the unusual circumstance, when it first occurred, the length of time your agency expects the unusual circumstance to last, and its impact on your agency's ability to meet mission requirements. Explain how or why the unusual circumstance could not have been avoided/anticipated/addressed prior to the waiver request.}

  2. Identification of the occupations, grades, and locations of positions that might be filled under this delegated authority. {Provide the list of positions by occupational series, grades, and geographic locations for which the agency is requesting the delegation of authority}.

  3. Statement of expected duration. {Provide the expected duration of the reemployment the agency will approve under the delegation.}

Sincerely,

{Name of requestor, and title}

Attachments (if any)

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