Separate Maintenance Allowance for Duty at Johnston Island

SUMMARY: The Office of Personnel Management is issuing proposed

regulations that would change the method for setting separate

maintenance allowance (SMA) rates for duty at Johnston Island. Under

the proposed method, SMA rates for Johnston Island would be set at the

same amount and adjusted at the same time as SMA rates established by

the Department of State for employees who receive an SMA in foreign

areas.

DATES: Comments must be received on or before December 18, 1995.

ADDRESSES: Comments may be sent or delivered to Donald J. Winstead,

Assistant Director for Compensation Policy, Human Resources Systems

Service, Office of Personnel Management, Room 6H31, 1900 E Street NW.,

Washington, DC 20415 or FAX: (202) 606-0824.

FOR FURTHER INFORMATION CONTACT:

Roger M. Knadle, (202) 606-2858.

SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is

issuing proposed regulations at the request of the Department of

Defense to change the method for setting separate maintenance allowance

(SMA) rates. An SMA is paid to employees assigned to Johnston Island to

help meet the additional expense of maintaining family members

elsewhere who would normally reside with the employee.

Johnston Island is a possession of the United States in the Pacific

Ocean. It is a non-foreign post of duty located 717 nautical miles

southwest of Honolulu, Hawaii. It is about 3 kilometers long and 0.8

kilometer wide. Much of the island is devoted to chemical weapon

storage and disposal facilities. Because of hazardous conditions (toxic

waste) and the lack of facilities, family members are not allowed on

the island.

Civilian employees assigned to foreign areas who are precluded from

establishing a residence because of local living conditions or Federal

policy are authorized an SMA established by the Department of State

that is periodically updated based on the Consumer Price Index (CPI)

and budgetary considerations. The proposed regulations would abolish

the current SMA rates established by OPM regulations and would provide

that SMA rates for Johnston Island be set and adjusted at the same time

and in the same amount as SMA rates established by the Standardized

Regulations (Government Civilians, Foreign Areas) of the Department of

State for employees in foreign areas. This would maintain equity

between civilian employees assigned to foreign and non-foreign areas.

The proposed regulations would apply only to Federal civilian employees

assigned to Johnston Island.

The revised SMA rates would be adjusted on the first day of the

first pay period beginning on or after the effective date of the final

OPM regulations. Subsequently, the SMA rates would be adjusted on the

first day of the first pay period beginning on or after the effective

date of SMA rate adjustments under the Department of State's

Standardized Regulations (Government Civilians, Foreign Areas). The

proposed change in methodology for setting SMA rates would not be

retroactive.

Regulatory Flexibility Act

I certify that these regulations would not have a significant

economic impact on a substantial number of small entities because they

would affect only Federal agencies and employees.

List of Subjects in 5 CFR Part 591

Government employees, Travel and transportation expenses, Wages.

U.S. Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM is amending part 591 of title 5 of the Code of

Federal Regulations as follows:

PART 591--ALLOWANCES AND DIFFERENTIALS

Supart D--Separate Maintenance Allowance for Duty at Johnston

Island

1. The authority citation for subpart D of part 591 is revised to

read as follows:

Authority: 5 U.S.C. 5942a(b), 5942a note; E.O. 12822, 57 FR

54289, 3 CFR, 1992 Comp., p. 325.

2. In Sec. 591.401, paragraph (a) is revised to read as follows:

Sec. 591.401 Purpose and applicability.

(a) Purpose. This subpart prescribes the regulations required by

section 5942a of title 5, United States Code, to authorize payment of a

separate maintenance allowance to assist an employee assigned to

Johnston Island to meet the additional expenses of maintaining family

members elsewhere who would normally reside with him or her because

they cannot accompany the employee to Johnston Island. This subpart

provides rules for determining which employees are eligible to receive

the separate maintenance allowance, who qualifies as family members

under the program, the method of payment, and payment amounts.

* * * * *

3. Section 591.402 is revised to read as follows:

Sec. 591.402 Definitions.

Adult, a term used in the Department of State Standardized

Regulations (Government Civilians, Foreign Areas), means a family

member who is 21 years of age or older.

Family member means one or more of the following relatives of an

employee who would normally reside with the employee except for

circumstances warranting the granting of a separate maintenance

allowance, but who does not receive from the Government an allowance

similar to that granted to the employee and who is not deemed to be a

family member of another employee for the purpose of determining the

amount of a separate maintenance allowance or similar allowance:

(1) Children who are unmarried and under 21 years of age or,

regardless of age, are incapable of self-support, including natural

children, step and adopted children, and those under legal guardianship

or custody of the employee or the spouse when they are

[[Page 53717]]

expected to be under such legal guardianship or custody at least until

they reach 21 years of age and when dependent upon and normally

residing with the guardian;

(2) Parents (including step and legally adoptive parents) of the

employee or of the spouse when such parents are at least 51 percent

dependent on the employee for support;

(3) Sisters and brothers (including step or adoptive sisters and

brothers) of the employee or of the spouse, when such sisters and

brothers are at least 51 percent dependent on the employee for support,

unmarried and under 21 years of age, or regardless of age, are

incapable of self-support; or

(4) Spouse, excluding a spouse independently entitled to and

receiving a similar allowance.

Johnston Island, also called Johnston Atoll, is a possession of the

United States located 717 nautical miles southwest of Honolulu, Hawaii.

Separate maintenance allowance means an allowance to assist an

employee assigned to Johnston Island who is compelled by reason of

dangerous, notably unhealthful, or excessively adverse living

conditions at Johnston Island, or for the convenience of the

Government, to meet the additional expense of maintaining family

members at a location other than Johnston Island.

4. Section 591.403 is revised to read as follows:

Sec. 591.403 Amount of payment.

(a) The annual rate of the separate maintenance allowance paid to

an employee shall be determined by the number of individuals, including

a spouse and/or one or more other family members, that are maintained

at a location other than Johnston Island.

(b) The annual rates for the separate maintenance allowance paid to

employees assigned to Johnston Island shall be the same as the annual

rates for the separate maintenance allowance established by the

Department of State in its Standardized Regulations (Government

Civilians, Foreign Areas). The annual rates shall not vary by location

of the separate household.

(c) The annual rates of the separate maintenance allowance shall be

adjusted on the first day of the first pay period beginning on or after

[insert effective date of final regulations] and, subsequently, on the

first day of the first pay period beginning on or after the effective

date established for adjustment of annual rates for the separate

maintenance allowance in the Standardized Regulations (Government

Civilians, Foreign Areas).

5. Section 591.405 is revised to read as follows:

Sec. 591.405 Responsibilities of agencies.

Agencies with employees stationed at Johnston Island may require

reasonable verification of relationship and dependency.

[FR Doc. 95-25647 Filed 10-16-95; 8:45 am]

BILLING CODE 6325-01-M