CONVERSION TO PRESIDENTIAL APPOINTMENT OF EMPLOYEES SERVING IN SES-DESIGNATED POSITIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000900130004-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: April 13, 2001
• Sequence Number: 4
• Publication Date: June 18, 1979
• Content Type: REGULATION

Ap91 SSveQ( P&W6ff 1905/01 : CIA-`R 182 d0ft7-R000
Federal Personnel Manual System
FPM Letter 296-57
SUBJECT: Conversion to Presidential Appointment of Employees
Serving in SES-Designated Positions
Heads of Departments and Independent Establishments:
30004 Letter 29f - 57
Published in advance
of incorporation in FPM
Supplement 296-31
RETAIN UNTIL SUPERSEDED
Washington, D. C. 20415
June 18, 1979
This Letter contains instructions for documenting the conversion. of career
executives serving in Senior Executive Service (SES) designated positions to
Presidential appointments effective on or before July 13, 1979, and for docu-
menting the conversion of SES career executives to Presidential appointments
effective after July 13, 1979.
1. Conversion Rights
Section 3392(c), title 5, U.S.C., permits an SES career appointee who is
appointed by the President, by and with the consent of the Senate, to a
position for which the rate of basic pay payable is equal to or greater than
that payable for level V of the Executive Schedule, to elect to continue
certain SES provisions relating to basic pay and other employment conditions.
To carry out this intent and to facilitate merit appointments of able career
executives to Presidential appointments before the SES goes into effect, the.
President, on March 6, 1979, directed heads of agencies to take the following
actions:
a. If a career executive in your agency has been nominated for a
Presidential appointment and that executive is serving in a position
which will be in the SES, the executive's present position should be
officially designated SES immediately. (Suchdesignati_on is authorized
by Section 413 of P.L. 95-454, which became effective on October 13,
1978.)
b. The agency designation should be forwarded to the Office of Personnel
Management, Executive Personnel and Management Development Group, for review
and publication in the Federal Register.
c. Upon official designation by the agency, the career incumbent of this SES
position should be given the option to convert to SES or to decline such
conversion (P.L. 95--454 permits the incumbent up to 90 days to make a
conversion decision, but the decision may be made at any time during that
period. In this instance, the incumbent would need to make the decision
before his or her Presidential appointment is confirmed by the Senate.)
Inquiries: Agency Compliance and Evaluation, Work Force Information Division
[phone], -9790
Code: 296, Processing Personnel Actions
Distribution: FPM Supplement 296-31
Approved For Release 2001/05/01 : CIA-RDP82-00357R000900130004-9
 FP 7 e2Pl ? Relea 001/05/01 : CIA(RDP82-00357R0009QJ30004-9
d. If the career incumbent chooses to convert to SES, he or she may then
elect to retain SES basic pay and other benefits as provided under
Section 3392(c), title 5, U.S.C. Since SES basic pay and benefits do not
become effective before July 13, 1979, until that date the incumbent will
receive basic pay and benefits for the new position to which appointed.
2. Documenting Personnel Actions
a. Offer of Conversion to SES
If employee declines conversion to SES
File the SES conversion election form signed by the employee on the
right (permanent) side of the Official Personnel Folder. Issue SF 50,
Notification of Personnel Action (or OPM-approved exception thereto),
to effect the Presidential appointment in accordance with current
instructions in FPM Supplement 296-31.
(2) If employee accepts conversion to SES. File the signed SES election
form on the right side of the Official Personnel Folder.
Issue SF 50 for conversion to SES career appointment. Document the
action in accordance with instructions contained in FPM Letter
296-55 (Special Bulletin l#43). Show the ES pay rate offered in Item
22(b), but enter in Item 23 the salary in effect on the day of the
action. Make the effective date the day before the conversion to
the Presidential appointment, or the last day on the agency's rolls
if the Presidential appointment is in a different agency. Also,
enter the following statement in the Remarks portion (Item 30) of
the SF 50:
Provisions of the Senior Executive Service will take effect on
July 13, 1979.
b. Conversion to Presidential Appointment Following Conversion to SES
If employee declines to continue provisions of the SES
Issue SF 50 to effect the Presidential appointment in accordance
with current instructions in FPM Supplement 296-31. File the
signed declination statement on the right (permanent) side of the
Official Personnel Folder (OPF).
(2) If employee elects to continue provisions of the SES
File the signed election statement on the right side of the OPF.
Issue SF 50 to effect the Presidential appointment. Complete SF 50
items as follows:
(a) Pay Plan and Occupation Code (Item 21)
Enter the appropriate pay plait and occupation code for the
position to which appointed. As this will usually be an
Inspector General appointment under P.L. 95-452, the pay plan
will usually be "EX."
Complete this item if the pay plan in Item 21 normally requires
an entry. If the position has no grade or level, enter "00" (two
Approved For Release 2001/05/01 : CIA-RDP82-00357R000900130004-9
 Approved For Relea 001/05/01 : CIA-RDP82-00357R0009 4QOOW64eS - 296- 57
zeroes). If the pay plan is "EX," enter I, II, III, IV, or V, as
appropriate.
(c) Step or Rate (Item 22(h))
Enter the Senior Executive Service pay rate (#or pay plan "ES")
at which the employee will be paid even though the pay plan in
Item 21 is not "ES." The rates are 1, 2, 3, 4, 5, or 6.
(d) Salary (Item 23)
Enter the salary which is appropriate for the entries in Items
21 and 22(a). For example, if Items 21 and 22(a) show "EX IV,"
Item 23 must show "$50,000 pa."
(e) Remarks (Item 30)
Employee elects to continue appropriate Senior Executive Service
provisions under 5 U.S.C. 3392(c) which will take effect on
July 13, 1979. Item 22(b) indicates the Senior Executive Service
pay rate under which the employee's pay will be set on that date.
(f) Pay Rate Determinant (PRD)
Name Definition
Continued SES Use only when a Senior Executive S
Basic Pay, Etc. Service (SES) career employee is
appointed by the President, by and
with the advice and consent of the
Senate, to a position for which the
rate of basic pay payable is equal
to or greater than that payable for
level V of the Executive Schedule,
and the employee elects to continue to
receive basic pay and other benefits
as if remaining in the Senior Executive
Service position from which appointed
(5 U.S.C. 3392(c)).
Enter the code in Item 30 of SF 50 if manual submissions are made to
the Central Personnel Data File (CPDF). SF 50 entry is optional if
submissions to CPDF are automated, but the code must be reported.
(g) Follow instructions in FPM Supplement 296-31 to complete all other
items on SF 50.
c. Correction Actions
Correction actions should be issued to reflect the above documentation if any
conversions to Presidential appointment have been effected since March 6, 1979.
Approved For Release 2001/05/01 : CIA-RDP82-00357R000900130004-9
 FPM Letter 296- 57 (4)
Approved For Relea OO1/05/01 : CIA-RDP82-OO357ROOO9GW3OOO4-9
d. Pay Adjustments on 07/13/79
Issue SF 50 (or SF 1126) to adjust salary to match the ES pay rate shown in
Item 22(b) of SF 50. With this action, Items 21 and 22(a) will reflect the
position in which the employee is serving and Items 22(b) and 23 will show
the ES rate and salary at which the employee is being paid.
See paragraph 1 in FPM Bulletin 920-8 (Special Bulletin #29) dated March 8,
1979, on actual salary that may be paid.
C. PRESIDENTIAL APPOINTMENTS AFTER 07/13/79
Issue SF 50 to effect the conversion from SES career appointment to Presidential
appointment. If the appointee elects to continue the provisions of the SES,
complete SF 50 items as follows:
1. Pay Plan and Occupation Code (Item 21)
Enter the appropriate pay plan and occupation code for the position to which
appointed.
2. Grade or Level (Item 22(a))
employee will be paid even though the pay plan in Item 21
Complete this item if the pay plan in Item 21 normally requires an entry. If
the position has no grade or level, enter "00."
3. Step or Rate (Item 22(b))
Enter the Senior Executive Service pay rate (for pay plan "ES") at which the
4. Salary (Item 23)
Enter the ES salary that the employee will receive.
5. Remarks (Item 30)
Enter the following:
Employee elects to continue appropriate Senior Executive Service pro-
visions under 5 U.S.C. 3392(c). Item 22(b) indicates the Senior
Executive Service pay rate at which the employee is paid.
6. Pay Rate Determinant (PRD)
Record and/or report PRD code "S."
7. Follow instructions in FPM Supplement 296-31 to complete all other items
on SF 50.
Jule M. Sugarman
Deputy Director
Approved For Release 2001/05/01 : CIA-RDP82-00357ROO0900130004-9