Noncompetitive Appointment of Certain Military Spouses Executive Order 13473 Noncompetitive Appointment of Certain Military Spouses

Authority Implementation of Executive Order 13473, 25 Sep 08 OPM Final Regulatory Guidance, effective 11 Sep 09 on Federal Register, Vol. 74, No. 154, 12 Aug 09 http://edocket.access.gpo.gov/2009/pdf/E9-19340.pdf 5 CFR Parts 315 and 316 added §315.612 to subpart F of part 315 revised part 316, Temporary and Term Appointment, subpart C, §316.302 revised subpart D, §316.402 to permit noncompetitive permanent, term, or temporary appointments of certain military spouses to the competitive service. In the Federal Register, Vol. 74, No. 154, OPM issued its final ruling regarding EO 13473, on 12 Aug 09. The effective date for this regulatory guidance is 11 Sep 09. OPM added section 315.612 to subpart F of part 315, 5 CFR and revised part 316, Temporary and Term Appointment, subpart C, section 316.302, and subpart D, section 316.402 to permit noncompetitive permanent, term, or temporary appointments of certain military spouses to the competitive service.

Authority’s Intended Effect Facilitate entry of military spouses into the Federal Civil Service. Provide employment access to spouses negatively impacted due to relocation, incapacitation, or death of service members (SM). Recruit and retain skilled and experienced members of the armed forces. Minimize disruption when military families relocate. Recognize and honor SM who are 100% disabled or killed in connection with their service. The definition of member of the armed services or service member is “an individual who meets any of the three criteria contained in the definition (relocated, incapacitated, killed on active duty) instead of having to meet all three.” This authority provides a hiring mechaniSM for the entry of military spouses into the Federal Civil Service. It also minimizes disruption when military families move to a new duty station due to permanent relocations. Recognize and honor service members who are 100% disabled or die during active duty service.

Who is Eligible for this Authority? Spouse of a SM serving on active duty when they receive orders to relocate; or Spouse of SM whose disability resulted from active duty in the armed forces; or Un-remarried widow or widower of a SM who was killed while on active duty in the armed forces, it does not have to be combat related. Note: Individuals who wait to marry until after the SM receives PCS orders, or relocates are not eligible under this authority. Spouses who are married to service members at the time these service members receive their orders to relocate are eligible for this authority. EO 13473 specifically excludes training duties and attendance at service schools from coverage under this authority. Spouses of service members who 100% disabled. This disability must have resulted from active duty. Un-remarried widows or widowers of a service member killed on active duty; OPM is applying the EO language broadly to anyone killed while in active duty status. The individual need not have been killed in a combat related incident. Individuals who wait to marry until after the service member receives PCS orders, or relocates are not eligible under this authority. EO 13473 does not authorize noncompetitive appointment eligibility for the spouse of the service member who receives follow-on orders.

Eligibility Requirements for Active Duty Spouse Relocation of the Spouse Must relocate with the SM to the new permanent duty station. Documentation: PCS orders authorizing the spouse to accompany the SM; and a certificate of marriage, or license. Geographic Limitations Must be within the geographic area of the permanent duty station; That includes the SM’s duty station and the surrounding area. Until delegation is received from DOD, a waiver of the geographic restriction cannot be approved. The Spouse must be married at the time the PCS orders are received. A certificate of marriage is required as proof of this. The spouse must accompany the service member to the new permanent duty station for eligibility for an appointment under this authority. The head of the agency may delegate the waiver authority to his or her designee, but Army must have delegated approval to do so; therefore, at this time a waiver cannot be approved. Establishing a definitive mileage standard may adversely affect certain spouses’ eligibility for appointment. The agency is in the best position to determine the reasonableness of community distance within its location. Most agencies have defined “commuting area” in their merit promotion plans established under 5 CFR part 335. The parameters in section 315.615(c)(3) specify that the geographic limit is based on the duty station specified on the service members' PCS orders. It includes the service member’s duty station and the surrounding area from which people reasonably can be expected to travel daily to and from work.

Proof of Eligibility for Spouse of Active Duty Spouse must provide the servicing CPAC a copy of following: PCS Orders, that must include: information authorizing him or her to accompany the SM to the new permanent duty station; the specific location to where the SM is to be assigned, reassigned, or transferred IAW PCS orders; and the effective date of the PCS. Certificate of marriage, or license OPM believes that the proof of eligibility requirements in section 315.612(e) is sufficiently detailed. It is incumbent on each agency to accept eligibility documents from military spouses seeking noncompetitive appointment that are as reliable as the eligibility documents submitted by applicants for veterans preference. See instructions on documentation required that accompanies the Standard Form 15, Application for 10-Point Veterans Preference, available at http://www.opm.gov/forms The spouse must provide: A copy of the service member’s active duty orders which authorize a permanent change of station. This authorization must include: A statement authorizing the spouse to accompany the service member to the new permanent duty station; The specific location to which the SM is to be assigned, reassigned, or transferred in accordance with PCS orders; and The effective date of the PCS. Documentation verifying marriage to the service member (i.e., a marriage license or other legal documentation verifying marriage and the date) OPM advises agencies to ensure they ask potential appointees if they have ever used the one-time eligibility under section 315.612(d)(3).

Eligibility for Spouse of Disabled Veteran Spouses must provide the following documents and are eligible for a maximum of 2 years from the date of: the release or discharge document from active duty due to a service-connected disability; the documentation showing disability rating of 100%; and certificate of marriage or license These spouses are not restricted to the geographical location limitation. Documentation showing the member of the armed forces was released or discharged from active duty due to a service-connected disability; Documentation showing the member of the armed forces retired, or was released or discharged from active duty, with a disability rating of 100 percent; Documentation verifying marriage to the member of the armed forces (i.e., a marriage license or their legal documentation verifying marriage and the date). This authority states the disability must be 100%, it may not be less than that.

Eligibility for Spouse of Service Member Killed While on Active Duty A copy of the DD 1300 Report of Casualty (the 2-year eligibility begins from the date of this report); Documentation verifying the individual was killed while on active duty; Certificate of marriage or license; and Statement certifying that spouse is un-remarried. These spouses are not restricted to the geographical location limitation. Prior to appointment, the spouse of a member of the armed forces must submit to the employing agency copies of: Documentation showing the individual was released or discharged from active duty due to his or her death while on active duty, such as the DD1300 Report of Casualty; documentation verifying the member of the armed forces was killed while on active duty; documentation verifying marriage the service member, such as a marriage license or certificate; and a statement certifying that he or she is the un-remarried widow or widower of the service member. Individuals eligible under section 315.612(c)(1)(ii) who remarry after becoming employed under this authority will not lose their jobs because of their remarriage.

Conditions This appointing authority can be used immediately. A spouse remains eligible for a maximum of 2 years (may not be extended) from the date of the PCS orders; documentation showing the SM is 100% disabled or verifying the SM was killed while on active duty. Only one permanent appointment is authorized per PCS. There is no limit on the number of appointments for a spouse of a 100% disabled veteran or the un-remarried widow or widower of a deceased SM. It does not contain a grandfather provision for SM who may have met the eligibility criteria in prior years. Spouses who wait to marry after their spouse relocates are not eligible under this authority. EO 13473 limits eligibility under this authority to spouses of service members in receipt of PCS orders( except in cases of service member with a 100 percent disability or is killed while on active duty). This appointing authority can be used immediately. Eligibility is limited to 2 years maximum and may not be extended. It begins from the date on the documentation provided verifying the spouse’s eligibility. OPM’s opinion is that two years is a reasonable time period for affected individuals to obtain Federal employment via this authority. Spouses of 100 percent disabled service members and service members killed while on active duty will have a veterans’ preference entitlement in additional to eligibility under this appointing authority. Using the date the orders are issued provides consistency and equitable treatment of affected individuals because reporting times may vary. EO13473 does not contain a grandfather provision for service members who may have met the eligibility criteria in prior years.

Competitive Status and Tenure A person appointed under this authority acquires competitive status automatically upon completion of the probationary period. Appointment is career-conditional unless the appointee has previously satisfied the service requirement. Acquisition of competitive status: A person appointed under this authority acquires competitive status automatically upon completion of probationary period. Tenure on appointment. An appointment is career-conditional unless the appointee has already satisfied the requirement for career tenure or is exempt from the service requirement pursuant to §315.201.

Miscellaneous Rating and ranking of applicants for use of this noncompetitive authority is not required. Spouses must meet OPM Qualification Standards, as identified in the vacancy announcement. A vacancy announcement is required when using this authority to fill permanent or term positions. The US Citizenship requirement must be met before using this authority. Management still has the right to select from other appropriate sources IAW 5 CFR 335.103(b)(4) There are no imposed grade-level limitations. Because this is a noncompetitive hiring authority, agencies are not required to rate and rank individuals when using this authority. Agencies must evaluate eligible spouses to determine whether they meet the qualifications for the position being filled, per the OPM Qualifications Manual. Per 5 U.S.C 3330(b) agencies must follow public notice requirement (i.e., posting of a vacancy announcement on the USAJOBS website and the CPOL Army website) when using this authority to fill permanent, term, or temporary positions lasting more than 1-year. The 5 CFR part 330 requires agencies to advertise jobs lasting more than 120 days. Spouses are to seek job opportunities under this authority on OPM’s USAJOBS website or the Army web site (or the agency they wish to apply to). Eligible spouses may apply for positions advertised as being open to the “public,” “all sources,” or “status candidates.” Agencies have the discretion to select and appoint individuals under any available appointing authority. This authority is one among many other sources authorized and available to agencies, such as other noncompetitive authorities, competitive examining, merit promotion, and excepted authorities under 5 CFR part 213. OPM is not imposing any grade-level limitation on positions filled through this hiring authority.

Military Spouse Preference To be eligible for registration in any PPP program, the prospective registrant must: Register for PPP at their local CPAC. Be well qualified to perform at least one specific type of position. If the eligible spouse does not have prior Federal Civilian Service, their work experience, education, and training must be evaluated to determine if registration is warranted. The registering CPAC will be responsible for reviewing spouses' narrative resumes and deciding whether they have sufficient experience to meet this standard and for translating non-Federal experience to specific occupational series and grades. If a spouse is well qualified for more than one type of position, the higher-grade experience shall be used as the "current" grade for registration purposes unless the spouse does not want to be registered for that line of work. Program S is not used in OCONUS locations; therefore, interested spouses must apply via vacancy announcements. This new appointing authority, in and of itself, does not entitle spouses to preference, but it does provide another means to meet the appointability requirement. This authority is a noncompetitive hiring mechaniSM; it does not establish or constitute a hiring preference for eligible spouses, nor does it create an entitlement to a Federal job for an eligible spouse. Use of this authority is completely at the discretion of hiring agencies. It is one of many hiring tools agencies may use to recruit needed individuals. To obtain hiring preference through PPP, spouses should contact the Civilian Personnel Advisory Center (CPAC) to inquire about their eligibility. In order to be eligible for placement, the prospective registrant must be well qualified to perform at least one specific type of position. In most cases, spouses eligible only under E.O. 13473 will not have prior Federal civilian service; therefore, the registrant is required to submit a narrative resume for evaluation of work experience, education, and training to determine if registration is warranted. If a spouse is well qualified for more than one type of position, the higher-grade experience shall be used as the "current" grade for registration purposes unless the spouse does not want to be registered for that type of position. For more information contact your local CPAC; to find the nearest CPAC on-line, click on the following link: http://acpol.army.mil/employment/findcpac/index.html

Spouses Seeking Job Opportunities Spouses should be advised to seek job opportunities on their own initiative to increase their opportunities for placement through websites, such as USAJOBS and the Army CPOL. The Vacancy Announcement Board (VAB) has been updated to include EO 13473, so the HR Specialist and spouses are able to find and select this authority under the “Who May Apply” section. The extended definition has also been added to the VAB. Applying for Federal Government positions: The VAB has been updated to read "Military Spouses eligible under EO 13473; HR Specialists should include this appointing authority by clicking EO 13473 under the “Who May Apply” section of the vacancy announcement. The extended definition has also been added to the VAB. To find it click on the link “Who May Apply” and the VAB will open up a list of extended definitions.