FOREST SERVICE HANDBOOK WASHINGTON FSH 6109.11 - PAY ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK Amendment No. 6109.11-96-2 Effective July 26, 1996 POSTING NOTICE. Amendments are numbered consecutively by Handbook number and calendar year. Post by document name. Remove entire document and replace with this amendment. Retain this transmittal as the first page of this document. The last amendment to this Handbook was Amendment 6109.11-96-1 to FSH 6109.11,10 Contents. This amendment supersedes Amendment 6109.11-93-4 to 6109.11,16.38a-18. Superseded New Document Name (Number of Pages) 6109.11,16.38a-18 22 22 Digest: 16.5 and 16.52 - Increases the amount of overpayment of pay that may be waived to $1,500 (formerly, $500). 16.54a - Changes the caption to "Claims of $1,500 or Less" (formerly, "Claims of $500 or Less"). 16.54b - Changes the caption to "Claims in Excess of $1,500" (formerly, "Claims in Excess of $500"). There are no substantive changes to the direction in the rest of this chapter. JACK WARD THOMAS Chief FSH 6109.11 - PAY ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK WO AMENDMENT 6109.11-96-2 EFFECTIVE 7/26/96 16.38a - Two or More Orders Against an Employee. When two or more garnishment orders are received against the same employee and OGC has provided instruction to honor each, prepare two or more separate case files with unique case numbers to distinguish between each order. Prepare a separate Form AD-747 for each order and honor each order to the extent possible under the maximum garnishment limitations (sec. 16.37b) on a first-come, first-serve basis. 16.38b - Casual Employees. Do not use the Assistant Disbursing Officer (ADO) process (FSH 5109.34, section 13.24) for payment of compensation for employees hired under the AD pay plan for whom court-ordered child support and/or alimony has been authorized. Instead, send to NFC copies of the completed Form AD-747, OGC instruction sheet, court order, and completed AD-288, Fire Time Report. NFC will issue one check to the firefighter and one to the garnishment recipient. Notify the employee (sec. 16.36a) and the court or other ordering authority (sec. 16.36b); exhibit 01 is a sample letter to a casual employee and exhibit 02 is a sample letter to the court or other ordering authority. 16.38b - Exhibit 01 Sample of a Form Letter Informing a Casual Employee (under the AD Pay Plan) About a Garnishment Order FOR OFFICIAL USE ONLY United States Forest Umatilla 2517 S.W. Hailey Ave. Department of Service National Pendleton, OR 97801 Agriculture Forest Reply To: 6150-3-7 Date: July 12, 1993 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Ms. Wanda J. Murphy 11 N.E. Rockefeller Drive Pendleton, OR 97801 Dear Ms. Murphy: A garnishment order on your wages has been served on the Department of Agriculture under Title 42, United States Code, section 659. The deduction will be made from your pay whenever you are employed by the USDA Forest Service. We must advise you that the United States will not represent the interests of the employee in garnishment legal proceedings. If you have any questions, please feel free to contact this office on 503-278-0001. Sincerely, /s/ Sally Jones SALLY JONES Personnel Officer Enclosure cc: Office of Support Enforcement FOR OFFICIAL USE ONLY 16.38b - Exhibit 02 Sample of a Letter to a Court or Ordering Authority Concerning a Garnishment Order on a Casual Firefighter Employee FOR OFFICIAL USE ONLY United States Forest Umatilla 2517 S.W. Hailey Ave. Department of Service National Pendleton, OR 97801 Agriculture Forest Reply To: 6150-3-7 Date: July 12, 1993 Office of Support Enforcement 11 W. 39th St. P.O. Box 4269 Vancouver, WA 98662-0269 Subject: Wanda J. Murphy, Court Case No. 1245 This is to notify you that we have received the Notice to Withhold Earnings, dated May 8, 1993, issued against subject Forest Service employee. While Ms. Murphy is not a continuing employee of the USDA Forest Service, she has been hired from time to time as a casual firefighter. This means that she is called to work and released as needed. She does not have a schedule and may or may not be employed by the Forest Service again in the future. In compliance with the Notice to Withhold Earnings, and on instruction from our Office of General Counsel, we will process a garnishment against any pay Ms. Murphy receives. The enclosed Form AD-747 describes the amount to be withheld and the address to which it will be sent. If you have any questions, please contact me at this office on 503-278-0001. Sincerely, /s/ Sally Jones SALLY JONES Personnel Officer Enclosure cc: Ms. Wanda J. Murphy FOR OFFICIAL USE ONLY 16.38c - Human Resource Program Enrollees. Enrollees in these programs are subject to garnishment under the same laws and regulations as Federal employees. Enrollees in the Forest Service are payrolled from the NFC payroll personnel system. For garnishment of enrollees' pay, follow the same procedures in this chapter as used for other employees (sec. 16.3 - 16.39). 16.38d - Manual Processing. Payroll actions for certain garnishment situations require NFC to process payments manually: 1. Garnishment orders which require deductions based on a percentage of gross income. 2. Garnishment orders for employees who receive cost-of- living allowances. The Personnel Officer at the servicing personnel office follows the same procedures as for other garnishment cases (sec. 16.34 - 16.39), except that the completed Form AD-747 and a copy of the garnishment order must be mailed in paper format or sent by facsimile to NFC, Administrative Billings (P.O. 60000, New Orleans, LA 70160; FAX 504-255-5689) for processing. Once NFC establishes the manual payment, any changes to the case must be coordinated with NFC. Send a completed Form AD-747 with accompanying documents to NFC for any change or cancellation. If the change constitutes an automatic payroll deduction, then any other actions may be processed in PRES. For example, a change from percentage of gross income to a dollar amount requires NFC to suspend the manual payment and establish the payroll deduction in the system. 16.39 - Case Files. Establish and file documentation for each case of garnishment in a separate case file. The servicing personnel office assigns new case file numbers. When employees move from one employing unit to another, forward the garnishment case files to the new servicing personnel office. Do not change existing case file numbers when the employee moves to a new employing office, unless there is a duplication of numbers within the same servicing personnel office. 16.39a - Case File Retention. Maintain file copies of Form AD- 747 with supporting documentation so that inquiries concerning garnishments can be promptly answered. Close garnishment files when the deduction is cancelled by the court or other ordering authority or when the employee is no longer working for the Forest Service. Files on employees who are terminated due to seasonal employment are not closed unless it is expected that the employee will not be rehired. Keep closed files separate from current case files and apply the retention period according to FSH 6209.11. 16.4 - Garnishment or Attachment of Wages for Bankruptcy. Honor bankruptcy orders received from a Federal Bankruptcy Court under Public Law 95-589. The Court order may specify withholding up to 100 percent of the employees net salary for purposes of bankruptcy. It is not necessary to refer Bankruptcy Court orders to the Office of the General Counsel (OGC) for legal determination unless circumstances warrant a specific review by that office. 16.41 - Processing Instructions. The National Finance Center (NFC) processes payroll deductions for bankruptcy purposes for employees. When the Employing Office receives a Court order, notify the NFC by letter. Include a copy of the Court order with the notification. 16.42 - Notify Employee. As soon as possible, notify the employee by letter that a court order for bankruptcy has been received and that the NFC is to process it. Include a copy of the Court order. 16.43 - Filing Records. File copies of the notification letter, Court order, and letter to NFC on the temporary side of the employee's Official Personnel Folder (OPF). Remove them and notify the Court when the deductions are complete, or when the employee separates or transfers from the Department or agency. 16.5 - Waiver of Overpayments. (FSM 6152.21). Claims against employees or former employees arising from erroneous payments of pay or allowances may be waived in whole or in part. Pay includes salary, wages, and other compensation for services, such as base pay, overtime, differential, holiday, and severance pay and pay for accumulated and accrued leave. It does not include expenses for travel, transportation, transportation of household goods, or other allowances provided by Title 5, United States Code, section 5724 (5 U.S.C. 5724). Allowances include, but are not limited to, payments for quarters, uniforms, and overseas cost-of-living expenses, but does not include travel and transportation allowances, and relocation expenses payable under 5 U.S.C. 5724a. Claims of more than $1,500 can be waived only by the Comptroller General. Since accountability for payment of casual employees is a fiscal responsibility, waivers for overpayments to casuals shall be concurred in by the Regional Director, Fiscal and Accounting Services Staff, prior to final decision. 16.51 - Initiating a Waiver Action. The employee who received the erroneous payment is responsible for initiating a request for waiver. However, the employing office may, without a specific request, initiate waiver action for any claim arising out of an erroneous payment made on or after July 1, 1960. It is not necessary that units search files in an effort to discover cases involving erroneous payments for possible consideration under these regulations. 16.52 - Conditions for Waiver of Claims. Claims against employees arising from erroneous payments of pay or allowances may be waived in whole or in part, whenever all of the following conditions exist: 1. The amount of the claim is $1,500 or less, exclusive of any repayments by the employee (that is, the original claim must not be greater than $1,500). 2. The erroneous payment of pay or allowance was made on or after July 1, 1960, and less than 3 years have passed since the date of discovery of the erroneous payment of pay after October 1, 1971, or for allowances after October 2, 1975. 3. Collection would be against equity and good conscience and not in the best interest of the United States. This criterion will be met by a determination that the erroneous payment of pay or allowances occurred through administrative error and that there is no indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person having an interest in obtaining a waiver of the claim. Any significant, unexplained increase in an employee's pay or allowances that would prompt a reasonable person to make inquiry concerning the correctness of the pay or allowances ordinarily would preclude a waiver when the employee fails to bring the matter to the attention of appropriate officials. Waiver of overpayments of pay or allowances under this standard necessarily must depend upon the facts existing in the particular case. Record in detail the facts and make such a record a part of the case file (7 AR 696.6i(1)). Ordinarily, consider collections for minor adjustments involving erroneous payments (7 AR 303) to be in the best interest of the United States and not against equity and good conscience. 4. The claim has not been referred to the Comptroller General for collection or the Attorney General for litigation or is not the subject of an exception made by the Comptroller General in the account of an accountable officer (7 AR 697.6g). 16.53 - Investigation of Claim Prior to Waiver. Before taking waiver action, conduct an investigation, unless the overpayment of pay or allowances is $100 or less and there is no indication in the record of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person having an interest in obtaining a waiver of the claim. Submit the report with the request for a waiver. Refer all claims involving known, suspected, or alleged violations or irregularities through the designated liaison officer of the Region, Station, or Area to the appropriate Inspector General Officer (8 104). Include in the investigative report: 1. The total amount of the erroneous payment together with the part of the erroneous payment made on each pay record or voucher. Enclose copies of pertinent documents such as Form AD- 334, Statement of Earnings and Leave, and Form AD-343, Payroll Action Request. The statement must be sufficiently detailed to permit an audit by the reviewing official. 2. A statement showing the circumstances surrounding the erroneous payment, the date of its discovery, and whether or not it was subject to an exception made by the Comptroller General. This statement must include details of personnel actions, dates, actions taken or not taken by any persons who processed documents, and any other pertinent information. 3. A statement as to whether there is any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person having an interest in obtaining a waiver of the claim. 4. A statement by the employee concerning the employee's knowledge of the overpayment. The employee should record the facts as the employee remembers them and should sign and date the statement. The original, signed by the employee, must be submitted to GAO. 5. Any factual information indicating that the employee was aware of the possibility of having received an erroneous payment of pay or allowances. 16.54 - Waiver Action. 16.54a - Claims of $1,500 or Less. Upon receipt of the report of investigation, the delegate responsible for waiver of such claims shall review the report, take whatever action is necessary to prevent similar erroneous payments, and if the circumstances of the case so justify, waive the claim in whole or in part. Document the date and reasons for the waiver or rejection, and the nature of the corrective action, and make this documentation a part of the case file along with the report of investigation and related correspondence. Promptly notify in writing the employee involved and all others concerned, including the National Finance Center, of the waiver action taken. When waiving a claim, notify all persons who have repaid any part of the claim so waived of the waiver if it is reasonably possible to locate them. Inform them of their right to apply for a refund within 2 years following the date of the waiver. A Forest Service unit may not waive claims referred to the Comptroller General for waiver or collection or to the Attorney General for litigation. Refer the report of investigation for such claims, along with a recommendation for waiver action, to the Washington Office for review and forwarding to the General Accounting Office. 16.54b - Claims in Excess of $1,500. For such claims, forward the case with the investigative report, supporting documents, and recommendation on the waiver action to: U.S. General Accounting Office Accounting and Financial Management Division Claims Group, Room 5451 441 G Street, NW. Washington, DC 20548 16.55 - Refunds of Repayment. When employees or former employees have repaid amounts paid in error on or after July 1, 1960, and the erroneous payment is subsequently waived, refund the employee the amount of the waiver granted or amount repaid, whichever is less, provided the employee applies for refund within 2 years following the date of the waiver. The National Finance Center refunds based upon the notification of waiver and such other information as may be required to process payment. For income tax withholding and reporting purposes, refunds are considered as taxable wages in the year in which the employee receives them. Charge refunds to the appropriation from which the erroneous payment was made. 16.56 - Records and Reports. Both case files and a register of cases are required. Maintain a register of cases containing the following: 1. Name of employee who received overpayment. 2. Date of discovery. 3. Date of receipt of request for waiver. 4. Disposition and date. 5. Amount waived and/or amount denied. 6. Amount refunded. For each claim establish a case file containing the report of investigation, an account of corrective action taken, waiver action taken with reasons, and pertinent information such as action taken concerning refunds and related correspondence. By November 1 each year submit Report FS-6100-AC, Annual Report of Waiver of Claims Against Employees for Erroneous Payments of Pay and Allowances, to the Director, Personnel Management Staff, Washington Office, indicating the total amount of claims waived and refunds made during the preceding fiscal year. See exhibit 01 for report format. Negative reports are mandatory and must be submitted on Form FS-1300-22, Negative Report. 16.56 - Exhibit 01 Annual Report of Waiver of Claims Against Employees for Erroneous Payments of Pay and Allowances To: The Comptroller General From: USDA-Forest Service Number Dollar Value Waived in full by agency 0 $ 0 Denied in full by agency 0 0 Waived in part and 0 0 waived denied in part by agency 0 denied Agency determined application not for consideration (See 4 GAO 102.1-102.3) 0 0 Cases referred to GAO 0 0 Amount refunded as result of waiver action by agency: $ 0 Amount refunded as result of waiver action by GAO: $ 0 16.57 - Referral of Claims for Collection or Litigation. In cases where you have considered and denied a request for waiver, and the National Finance Center (NFC) is unable to collect the amount owed, the NFC refers the uncollectible billing to the General Accounting Office (GAO) and includes a statement indicating denial of waiver of the claim. In the case of casual employees, the fiscal agent refers the uncollectible billing to the GAO with a statement indicating denial of the waiver of the claim. 16.6 - Backpay. Regional Foresters, Station Directors, and the Area Director are delegated authority to approve backpay claims and cases. Cases which are in doubt or where no clear precedent or Comptroller General decision exists, shall be sent to the Director, Personnel Management Staff, Washington Office, for decision or for transmittal to the USDA Office of Personnel or General Accounting Office (GAO). The statute of limitations for backpay claims is 6 years, except for certain situations involving military service during time of war. For cases that must be decided by the General Accounting Office, the date used to determine the statute of limitation is the date received and noted at GAO. An agency administrative office cannot stop the date for claims when the statute of limitation is involved. Only GAO has that authority. 17 - ALLOWANCE BASED ON DUTY AT REMOTE WORKSITES. 17.02 - Objective. 1. To provide some compensation to employees in recognition of extraordinary expense, inconvenience, or hardship: a. Involved in commuting long distances to and from an official duty station that is remote from the nearest established community or suitable place of residence. b. When employees are required by agency management to remain at a remote duty station for the workweek because conditions such as location and transportation make it impractical to commute on a daily basis. The law does not permit establishment of an allowance for remoteness as such or for situations where employees may live either permanently or temporarily at or near remote duty stations and may have to travel long distances to avail themselves of consumer services. The factors of expense, inconvenience, and hardship, as they exist in connection with commuting to a remote post of duty, must be appreciably greater than that experienced by employees who commute to work in metropolitan areas throughout the country. 2. To provide instructions for administering the remote worksite commuting allowance program. 17.03 - Policy. 1. Take positive steps to eliminate, reduce, or minimize to the extent permissible or feasible, any extraordinary expense, inconvenience, or hardship that may be associated with or stems from employment at a remote duty station. 2. Pay the allowance where requirements are met. 3. Review approved remote worksites at least annually to determine if there have been any changes in the remote worksite commuting conditions or other factors that may affect an authorized allowance. Report changes in conditions to the Washington Office on a current basis. 17.05 - Definitions. 1. Official Duty Station. The worksite where the employee is actually stationed and where that employee expects and is expected to spend the greater part of work time (FSM 6543.06e). 2. Nearest Established Community or Suitable Place of Residence. A city, town, or location with adequate living quarters and basic consumer services, such as shopping facilities, medical care, schools, and recreation. Any community with a population of 5,000 or more is generally considered a suitable place of residence. However, a community with a smaller population is also considered suitable if adequate living quarters and consumer services are available (FSM 6445.05, item 4). 3. Official Residence. The residence to which an employee commutes daily or could commute daily except when the employee stays at the worksite. 4. Permanent Resident. An employee who lives year-round at or near the remote worksite. The official residence is less than 50 miles from the remote worksite. 5. Temporary Resident. An employee who does not maintain an official residence in or near the nearest established community from which the employee could commute to and from the remote worksite on a daily or weekend basis. Such an employee uses housing at the worksite as the place of residence for the period of employment at the worksite. A temporary resident is generally one of the following: a. A temporary employee who lives in another geographical area and who has not established an official residence in or near the nearest established community; that is, a rented room or apartment from which the employee could commute to and from the remote worksite on a daily or weekend basis. Establishing a mailing address, acquiring a post office box, or renting a motel room for weekends does not meet the intent of "establishing and maintaining an official residence for the period of employment." b. An employee with an official residence in or near the nearest established community who rents out this residence and lives in housing at the worksite for the period of employment. 6. Most Direct Route. The shortest route available over dry and regularly maintained State, county, or Forest Service system roads between the nearest established community and the official duty station (FSM 73l0.3). 7. Commuting Time. The average time required for a prudent, safe driver to drive a vehicle from the nearest established community to the official duty station (FSM 73l0.3) at just under the established speed limits and using the most direct route. 17.1 - Employees Eligible for an Allowance. Employees, regardless of type of appointment or work schedule, are eligible to receive remote worksite allowances if they: 1. Have a remote worksite designated as their official duty station. 2. Maintain an official residence at or within a reasonable distance from the nearest established community. 3. Incur extraordinary expense, inconvenience, or hardship as a result of: a. Commuting daily 50 miles or more one way to a remote worksite. b. Maintaining two residences when management requires them to remain at a remote worksite to which daily commuting is impractical. Availability of housing at the worksite does not affect an employee's eligibility for an allowance. Do not require the employee to occupy Government housing for the sole purpose of either granting or denying an allowance. 17.2 - Employees Ineligible for an Allowance. The following employees are not eligible to receive an allowance, even though they are working at a worksite designated as remote: 1. Permanent Residents. See paragraph 4, section 17.05. 2. Temporary Residents. See paragraph 5, section 17.05. 3. Others. Employees who do not have the remote worksite designated as their official duty station in accordance with FSM 6543.06e. 17.3 - Basic Criteria for Determining Remoteness. A remote worksite must meet one of the following situations: 1. Daily Commuting by Motor Vehicle a. Minimum Distance. The worksite has road access where daily commuting is practical and is located 50 miles or more, one way, over the most direct route from the nearest established community or suitable place of residence. b. Inconvenience and Hardship. Daily travel normally exceeds 1 hour, one way, between the nearest established community or suitable place of residence and the remote post of duty. 2. Where Daily Commuting Is Not Required. Consider the worksite to be remote when factors such as location, terrain, weather, or transportation make it impractical for employees to commute daily and the Forest Service, therefore, requires them to remain at the worksite for the workweek or a substantial part of the workweek as a regular condition of employment. In these situations, employees typically travel from their homes to the worksite at the start and finish of the workweek. 3. Other Commuting Situations. The minimum requirements outlined in 17.3, paragraphs 1 and 2 do not apply when commuting: a. Is by boat, aircraft, or other unusual conveyance. b. Involves factors or conditions unique to the worksite. Do not consider an allowance rate to compensate for inconvenience and hardship in such circumstances unless the travel time normally exceeds 1 hour, one way, between the nearest established community or suitable place of residence and the remote worksite. In these situations, where Forest Service management believes that because of extraordinary commuting conditions the worksite should receive consideration as remote for allowance purposes, submit a request showing the recommended allowance to the Washington Office for review and forwarding to the Office of Personnel Management for consideration. 17.4 - Allowances Payable. An allowance rate may not exceed $10 per day. A specific allowance rate is established for each remote worksite. Rates are terminated or adjusted as conditions warrant. The following are the types of allowances payable and the factors considered in establishing the specific rate: 17.41 - Commuting Expenses. Compensation may be authorized for each round trip an employee actually makes to a remote worksite if either of the following factors apply. 17.41a - Transportation. Extraordinary expenses are incurred in commuting to a remote worksite located 50 or more miles one way from the nearest established community. The transportation allowance is computed in accordance with Federal Personnel Manual Supplement 990-2, book 591, appendix A (FSH 6109.41 - FPM Sup. 990-2, bk. 591, ap. A). 17.41b - Inconvenience and Hardship. Excessive travel time or unusual commuting conditions or conveyance are compensable when normal time exceeds 1 hour one way from the nearest established community to the remote worksite. The inconvenience and hardship allowance is computed in accordance with Federal Personnel Manual Supplement 990-2, book 591, appendix B (FSH 6109.41 - FPM Sup. 990-2, bk. 591, ap. B). 17.42 - Miscellaneous Expenses. The Office of Personnel Management (OPM) may authorize an allowance to cover other miscellaneous expenses incurred in situations where daily commuting is impractical. Following are some examples of allowances that may be authorized. 17.42a - Lodging Expenses. This allowance covers the quarters fee paid by the employee when management requires that employee to remain overnight at the remote worksite. 17.42b - Food Costs and Inconvenience. This allowance compensates for the hardship and inconvenience incurred in maintaining two residences and/or being separated from the family and defrays the costs of providing two food supplies. Generally, OPM has provided an allowance rate of $8.50 per day for this portion of the allowance, of which $6.00/day is allocated to food costs and $2.50/day to hardship and inconveniences incurred. While the amounts may vary depending on individual circumstances and situations, some portion of this allowance is payable to all eligible employees, married or single. The basic test to determine the actual amount of the allowance payable to each employee is the extent to which the employee incurs additional costs by assignment to a remote worksite. The following examples illustrate how this allowance may vary according to individual circumstances: 1. A married employee is paid the full $8.50/day for every day the family does not accompany the employee to the remote worksite. For the days when the family also lives at the worksite, the employee receives only the $2.50/day hardship and inconvenience portion of the allowance and not the $6.00/day for food costs. 2. A single employee living alone in the official residence would not lose any economy of scale nor have to pay for two continuing food supplies, and, therefore, would not incur unusual or additional food costs. Therefore, the employee receives only the $2.50/day portion for the inconvenience associated with living at the remote worksite. 3. Single employees who share the official residence and lose the economy of scale associated with sharing expenses are eligible for the full $8.50/day. For the days when the sharing resident also lives at the worksite, the employee receives only the $2.50/day hardship and inconvenience portion of the allowance and not the $6.00/day for food costs. 4. If all employees eat at a Government mess operation and pay a set meal fee, the allowance per day would be the actual food costs plus the $2.50 per day for inconvenience. Do not apply this part of the allowance universally. Evaluate it in relation to individual situations. Specific allowance rates payable for each remote site are established when the site is designated as a remote worksite. 17.5 - Payment of Allowance. 17.51 - Effective Date. Allowances are payable from the date of approval by the Office of Personnel Management or the Washington Office. No retroactive payments are authorized. 17.52 - Maximum Allowance Payable. The maximum allowance payable is limited by statute to $10 a day even if the total of the amounts allowed for the various allowance factors is greater. 17.53 - Computing the Allowance. 1. Payment of the allowance is for those days when the employee actually incurs expenses or experiences hardship or inconvenience because of commuting to the remote worksite. a. Pay the allowance for each round trip an employee actually makes between the official residence and the remote worksite. The round trip is completed on the day that the employee returns to the official residence. Pay the full allowance for that day. When an employee remains overnight at the worksite through personal choice, do not pay the allowance for that day. b. Pay the full commuting allowance for the day and any fee charged for housing when management requires an employee who normally commutes on a daily basis to remain at the worksite overnight because of work demands. 2. An employee earns an allowance on a daily basis; do not pay an allowance for days the employee is absent from the worksite, such as sick days or annual leave, holidays, temporary assignments on detail, training, or travel, or other nonworkdays, unless payments are averaged in accordance with Federal Personnel Manual Supplement 990-2, book 591, subchapter 3 (FSH 6109.41 - FPM Sup. 990-2, bk. 591, subch. 3). 3. Daily commuting allowances are based on mileage and time. An employee who meets eligibility requirements need not maintain an official residence within the nearest established community. a. Base the allowance on the mileage and time from the center of the community to the remote worksite if the employee resides within the nearest established community. b. Compute the allowance based on the mileage and time from the employee's residence if the employee lives closer to the worksite than the nearest established community, but still 50 or more miles away. c. Base the allowance on the mileage and time the employee incurs for commuting from the nearest established community to the worksite when the employee lives farther than the nearest established community but close enough to commute on a daily basis. d. Consider an employee who lives less than 50 miles from the worksite to be a permanent resident; such an employee is not eligible for the allowance. e. Consider an employee who does not maintain a residence within a distance that would permit daily commuting to be a temporary resident at the worksite; such an employee is not eligible for the allowance. f. Do not pay the mileage portion of the allowance if the employee travels in a Government vehicle. g. Do not pay the inconvenience and hardship portion of the allowance if the employee travels on official time. 4. As specified in section 17.42, apply allowance rates individually to each eligible employee based on the degree of hardship and inconven ience actually experienced for situations where daily commuting is impractical. 17.6 - Relationship to Additional Pay Payable Under Other Statutes. Employees shall receive a remote worksite commuting allowance in addition to any additional pay or allowances paid under other statutes. When computing additional pay or allowances payable under other statutes, do not consider the remote worksite commuting allowance to be part of the employee's rate of basic pay. 17.7 - Requests for Designation of Remote Worksites. To prepare supporting information for each proposal, use Federal Personnel Manual Supplement 990-2, book 591, subchapter 3, appendix C (FSH 6109.41 - FPM sup. 990-2, bk. 591, subch. 3, ap. C). The following supplemental instructions apply: 1. Item b, (1)(d) - Facilities and services at the duty post. If room and board are provided, state this fact and the cost to each employee. 2. Item b, (3) - Allowances and differentials. Do not list employees in travel status working at the worksite. 3. Item b, (4) - Local communities and housing. Use the commuting habits of present employees to identify the commuting area surrounding the worksite. 4. Item b, (6)(c) - Government-provided transportation. As a general rule, this includes any form of transportation provided by the Forest Service. 5. Item b, (7) - Recommendations. Provide specific answers to the subitems in this item. The Office of Personnel Management role is primarily to review requests. The recommended allowance may be accepted and used as the final established rate. 6. Item b, (7)(b) - Appendixes A and B exactly as shown. Use the round trip distance in excess of 50 miles column in Appendix A in all commuting factors. 7. Item b, (7)(d) - Many remote worksites have only one allowance rate based on commuting from the nearest established community. However, in making your recommendations, consider the possibility of more than one rate if employees live closer than the nearest established community. Requests must also demonstrate that employees actually experience extraordinary expenses, hardships, or inconvenience as a result of assignment to a remote worksite. It is not sufficient to simply establish the remoteness of the worksite. 18 - GRADE AND PAY RETENTION. 18.1 - Grade Retention. See FSH 6109.41, FPM/DPM 536, and Supplement 990-2, Book 536, for the mandatory grade retention rules and additional grade retention information. 18.11 - Eligibility for Grade Retention. FSH 6109.41, FPM/DPM 536, subchapter 3, and Supplement 990-2, book 536, subchapter 3, permit grade retention under circumstances that are optional with each agency. Under these provisions, grant grade retention to employees who meet the basic eligibility requirements provided all of the following conditions are met: 1. The move to a lower graded position occurs during a reorganization, a transfer of function, or reclassification. 2. Management notifies affected employees in writing of anticipated reorganizations, transfer of function, or reclassification. 3. The notice identifies those employees directly affected by the reorganization, transfer of function, or reclassification. 4. In a reorganization, the employee is in the competitive level that is affected. If the preceding conditions are met, the move to a lower graded position may be initiated by the employee or by management. The move may occur before the employee receives a specific reduction- in-force notice or management's written notice that the employee's position is being downgraded. Management decides on the appropriateness of the placement. If an employee initiates a move to a lower grade, grade retention under this section is appropriate only if the move has a positive effect on another employee and/or such action will assist management in advancing its objectives and reduce or avoid adverse impacts on employees and the agency functions. In a reclassification where the employee moves to a different position, reclassify the original position at the proper level before it is refilled. A reorganization is the planned elimination, addition, or redistribution of functions or duties either wholly within an agency or between agencies. In addition, a reorganization must affect more than one position. However, only one position might be adversely affected; that is, eliminated or reduced in grade. A transfer of function takes place when the work of one or more employees is moved from one competitive area to another or when the competitive area in which the function is performed is moved to another commuting area. The competitive area is the limit geographically and/or organizationally within which employees compete for positions. 18.12 - Notification of Entitlement to Grade Retention. Notify the employee in writing of entitlement to grade retention benefits. Exhibit 01 is a sample grade retention notification and may be used as is or modified to more accurately fit specific situations. In addition, when an employee is offered a position with grade retention in anticipation of a reduction in grade under the agency option provision, inform the employee in writing that acceptance of the position is not required. Declination of the offer has no effect on the employee's entitlement to grade retention if the employee is subsequently placed in a lower graded position. Management should also explain that the lower grade shall be used for determining retention rights in a subsequent reduction in force. After 2 years, the employee shall receive only 50 percent comparability increases if the retained rate exceeds the maximum rate of the lower grade. 18.12 - Exhibit 01 Employee Grade Retention Notification You are being demoted effective . The demotion was the result of a , and you meet the requirements for grade retention under Public Law 95-454, Title VIII. You are entitled to a 2-year period of grade retention effective and ending , dependent upon meeting certain conditions. Grade retention provisions shall continue for the 2-year period unless any one of the following conditions occurs: 1. You have a break in service of 1 workday or more; 2. You are demoted for personal cause or at your personal request; 3. You elect in writing to have the grade retention benefits terminated; 4. You are placed in a position at a grade equal to or higher than your retained grade; 5. You decline a reasonable offer of placement in another position. A reasonable offer to deny grade retention benefits must meet the following conditions: a. The offer must be in writing and must include an official position description of the offered position; b. The offered position must be a permanent position and one for which you meet the established qualification requirements; c. The offer must have a tour of duty no less than you current tour which is ; d. The offered position must be in your commuting area which is . If grade retention benefits are terminated prior to the end of the 2-year period, the termination shall be effective on the last day of the pay period in which the declination or request to terminate is received, or the last day of the pay period before you are placed in a position at a grade equal to or higher than your retained grade of . 18.12 - Exhibit 01--Continued Under Public Law 95-454, the grade of the position you occupy must be used to establish your rights if there is a reduction-in- force following the effective date of this personnel action. This does not, however, affect your entitlement to grade retention in any way. You are entitled to retain your current grade of for the period indicated on this notification and to be paid at your current pay rate. You are also entitled to within-grade increases in your retained grade, during your retained grade period, assuming all requirements are met. During the grade retention period, your retained grade shall also be used in determining any retirement and insurance benefits to which you are entitled, and in determining your eligibility for promotion and training. You shall also be entitled to any pay comparability adjustments that are effective for your retained grade and position. (This section will require modification for merit pay employees.) If your grade retention benefits are not terminated under one of the conditions cited above, you may be entitled to pay retention benefits upon expiration of your grade retention benefits. You will be advised of any pay retention benefits prior to the expiration of your grade retention benefits. You may appeal a classification decision to the Office of Personnel, USDA, first, or directly to the Office of Personnel Management as described in FSH 6109.41-FPM/DPM 511. If you have any questions concerning the downgrading action or grade and pay retention benefits under Public Law 95-454, you should contact in the Personnel Office. 18.2 - Pay Retention. Grant pay retention under the mandatory and optional provisions in section 18.1 if the employee is not eligible for grade retention and the employee's rate of basic pay would be reduced as the result of a management action. 18.3 - Priority Placement Consideration. The priority placement of employees under grade and pay retention is covered in the Agriculture Personnel Manual, Chapter 335, Appendix B (FSH 6109.41 - DPM 335, ap. B). Priority placement consideration is for 2 years within the local commuting area. Forest Service employees who are placed in a lower graded position through no fault of their own and covered by mandatory grade and/or pay retention are automatically placed on the priority placement consideration list. Management may place on the priority placement consideration list employees who are placed in lower graded positions through no fault of their own and covered by optional grade and/or pay retention. 18.4 - Records and Reports. The Personnel Officer shall maintain sufficient records to demonstrate that the requirements and conditions for each grade and pay retention application have been met. Use the National Finance Center's reports, including the Position Organization Listing and the Roster of Employees to show data about the employee's current grade and position, not the grade for which paid (retained grade).