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.
- Where are the regulations pertaining to salary offset (dual compensation) waivers located? (READ MORE)
Regulations pertaining to salary offset (dual compensation) waivers can be found in the Code of Federal Regulations, 5 CFR part 553. These regulations implement statutory provisions codified at 5 U.S.C. 8344(i) and 8468(f).
- Under what conditions may agencies request salary offset (dual compensation) waivers from OPM? (READ MORE)
Agencies may request approval from OPM for individual waivers (i.e., on a case-by-case basis) or delegated authority to grant waivers.
- Will OPM delegate waiver authority to agencies without an agency request for delegated authority? (READ MORE)
No. OPM will not delegate waiver authority without a request from the agency. OPM will only delegate waiver authority upon the request of an agency head or official at the headquarters level of an agency.
- What are the different types of situations for which agencies may request waivers on a case-by-case basis from OPM? (READ MORE)
The regulations contain four types or categories of case-by-case waivers:
- Emergency hiring need;
- Severe recruiting difficulty;
- Need to retain a particular individual uniquely qualified for a specific project; and
- Requests based on other unusual circumstances not rising to the level of an emergency.
- What information must agencies submit when requesting waivers on a case-by-case basis from OPM? (READ MORE)
The answer will depend upon the justification submitted. (See discussion below.)
- Is OPM required to approve any salary offset (dual compensation) waiver request that meets the regulatory criteria for approval? (READ MORE)
No. OPM authority to grant dual compensation waivers, or delegation of waiver authority, is discretionary, not mandatory. OPM always retains the discretion to deny a request even if the agency establishes that regulatory criteria are met. In essence, the criteria in part 553 are simply a threshold that must be met before OPM may act; they do not establish a requirement to act, however.
- Q. Do annuitants earn additional retirement benefits when reemployed with a salary offset (dual compensation) waiver? (READ MORE)
No. Annuitants who are reemployed with a salary offset (dual compensation) waiver are not eligible for additional retirement coverage (other than Social Security coverage).
- May individuals who are re-employed with a salary offset (dual compensation) waiver earn health and life insurance benefits? (READ MORE)
Generally, if the re-employment is for more than one year benefits coverage is available, regardless of whether the individual has coverage as an annuitant.
- Do reemployed annuitants earn annual and sick leave? (READ MORE)
Yes, reemployed annuitants may earn both annual and sick leave during the period of their reemployment.
- Do reemployed annuitants have reduction in force (RIF) protections or can they be let go at any time? (READ MORE)
Reemployed annuitants under a salary offset waiver do not have reduction in force (RIF) protection. These individuals are at-will employees who can be terminated without RIF protections whenever their employing agency chooses to terminate the employment.
- May an agency seek an extension for a waiver which has expired? (READ MORE)
No, once an initial waiver has expired, agencies must request a new waiver. Agencies should follow the same procedures as when requesting an initial waiver or delegation of waiver authority.