Allowances and Differentials; Separate Maintenance Allowance for Duty at Johnston Island

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 591

RIN 3206-AH17

Allowances and Differentials; Separate Maintenance Allowance for

Duty at Johnston Island

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final

regulations to change the method for setting separate maintenance

allowance (SMA) rates for duty at Johnston Island. Under this method,

SMA rates for Johnston Island are set at the same amount and adjusted

at the same time as SMA rates established by the Department of State

for employees who receive SMA's in foreign areas.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Roger M. Knadle, (202) 606-2858, or FAX: (202) 606-0824.

SUPPLEMENTARY INFORMATION: On October 17, 1995, the Office of Personnel

Management published proposed regulations (60 FR 53716) to set and

adjust the SMA rates for Johnston Island (a non-foreign area) at the

same time and in the same manner as SMA rates for employees in foreign

areas. The 60-day public comment period ended on December 18, 1995. We

received one comment from one agency supporting the regulations as

proposed. Therefore, OPM is issuing final regulations that are the same

as the proposed regulations.

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 and is a non-

foreign post of duty. 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 final regulations abolish the current

SMA rates established by OPM regulations and provide that SMA rates for

Johnston Island will 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 maintains equity between civilian

employees assigned to foreign and non-foreign areas. The final

regulations apply only to Federal civilian employees assigned to

Johnston Island.

The SMA rates will be adjusted on the first day of the first pay

period beginning on or after the effective date of these regulations.

Subsequently, the SMA rates will 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). This change in methodology for

setting SMA rates is not retroactive.

Regulatory Flexibility Act

I certify that these regulations will not have a significant

economic impact on a substantial number of small entities because they

will affect only Federal agencies and employees.

[[Page 27244]]

List of Subjects in 5 CFR Part 591

Government employees, Travel and transportation expenses, Wages.

Office of Personnel Management.

James B. King,

Director.

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

Regulations, as follows:

PART 591--ALLOWANCES AND DIFFERENTIALS

Subpart 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); E.O. 12822, 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 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

July 1, 1996 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. 96-13682 Filed 5-30-96; 8:45 am]

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