OFFICE OF PERSONNEL MANAGEMENT (OPM)

Statement of Regulatory Priorities

The Office of Personnel Management's mission is to recruit, retain, and honor a world class workforce to serve the American people. OPM fulfills that mission by, among other things, providing human capital advice and leadership for the President and Federal agencies; delivering human resources policies, products, and services; administering a broad range of benefits programs; and holding agencies accountable for their human capital practices. OPM's 2013 regulatory priorities are designed to support these activities.

Phased Retirement

OPM is working on proposed regulations that would implement a new statutory benefit available to Federal employees. This new benefit, called phased retirement, allows an employee to begin to collect a partial annuity while working a part-time schedule for the agency. Individuals taking advantage of this new benefit will be expected to mentor other agency employees to facilitate knowledge transfer and smooth staff transitions.

Extending FEHBP Coverage to the Children of an Employee's Same-Sex Domestic Partner

OPM has issued proposed regulations that would allow employees participating in the Federal Employees Health Benefits Program to obtain health insurance coverage for the children of their same-sex domestic partner. This regulation implements the Presidential Memorandum of June 2, 2010, which requires agencies to provide equity in benefits between employees with spouses and those with same-sex domestic partners, to the greatest extent permitted by law.

Multi-State Plan Program Regulations

Under the Affordable Care Act, OPM is charged with entering contracts with health insurance issuers to establish at least two multi-State plans that are to offer health insurance coverage on the Affordable Care exchanges that are to be established in each of the 50 States and the District of Columbia. The multi-State plans must be available in 31 states as of January 1, 2014. OPM is in the process of completing proposed regulations to implement the Multi-State Plan Program.

Combined Federal Campaign

OPM is planning to issue proposed regulations to modernize the Combined Federal Campaign. The proposed regulations are informed by recommendations made by the CFC 50 Commission. They seek to implement changes that will streamline this charity drive by leveraging available technology and modifying the campaign structures.

Benefits for Family Members of Military Members

OPM is planning to issue proposed regulations to implement amendments to the Family and Medical Leave Act (FMLA). These regulations will implement section 585(b) of the National Defense Authorization Act for Fiscal Year 2008 (NDAA) (Pub. L. 110-181, Jan. 28, 2008) and section 565(b)(1) of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84, Oct. 28, 2009). The statutory changes amended the FMLA provisions in 5 U.S.C. 6381-6383 (applicable to Federal employees) to provide that a Federal employee who is the spouse, son, daughter, parent, or next of kin of a covered service member (either a current or former service member) with a serious injury or illness incurred or aggravated in the line of duty on active duty is entitled to a total of 26 administrative workweeks of leave during a single 12-month period to care for the covered service member.

Under 5 U.S.C. 6387, OPM is required, to the extent appropriate, to be consistent with Department of Labor (DOL) regulations. DOL issued proposed regulations on February 15, 2012, (77 FR 8960). The comment period for the regulations closes April 30, 2012. After DOL issues final regulations, OPM will publish proposed regulations.

Elimination of the Certification of Job Readiness Requirement

OPM is planning to issue final regulations on the appointment of persons with mental retardation, severe physical disabilities, or psychiatric disabilities. The proposed changes would modify or possibly eliminate the certification of job readiness requirement for people with mental retardation, severe physical disabilities, or psychiatric disabilities using Schedule A appointment authority.

Recruitment, Relocation, and Retention Incentives

In OPM's continuing effort to improve the administration and oversight of recruitment, relocation, and retention incentives, OPM anticipates issuing final regulations to improve oversight of recruitment and retention incentive determinations; add succession planning to the list of factors that an agency must consider before approving a retention incentive, if applicable; and provide that OPM may require data on recruitment, relocation, and retention incentives from agencies. These regulations will help support OPM's efforts to ensure agencies actively manage their incentive programs so that they continue to be cost-effective compensation tools.

Senior-Level and Scientific and Professional (SL/ST) Pay for Performance

OPM is planning to issue proposed regulations on pay-for-performance, as appropriate, with respect to senior-level, scientific, and professional employees, consistent with Public Law 110-372.

Managing Senior Executive Performance

OPM is planning to issue proposed regulations to revise the current regulations addressing the performance management of Senior Executives to provide for a Government-wide appraisal system built around the Executive Core Qualifications and agency mission results.