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Temporary Senior Executive Service Allocations and Appointing Authorities

Wednesday, January 14, 2009
MEMORANDUM FOR: 
Chief Human Capital Officers
From: 
Michael W. Hager, Acting Director
Subject: 
Temporary Senior Executive Service Allocations and Appointing Authorities

In order to expedite transition to the new Administration, the U.S. Office of Personnel Management (OPM) is providing Limited Term Appointment (LTA) authorities for Senior Executive Service (SES) positions and temporary SES space allocations to agencies. Accordingly, all CABINET level agencies are hereby delegated a temporary allocation of FIVE (5) and NON-CABINET level agencies a temporary allocation of TWO (2), and the authority to make LTAs to SES positions. These authorities are to be used ONLY to appoint individuals who were previously identified by the incoming Administration for you to begin the pre-appointment background investigation process. If the incoming Administration has identified immediate hiring needs above this temporary allocation for your agency, you should contact OPM’s Executive Resources Services Group (ERSG) to request an increase.

These individuals may be appointed to a currently established general position or to a temporary position established to facilitate the transition. We have enclosed a sample position description which may be used to establish generic transition positions. OPM’s ERSG will provide additional information on coding the appointments into the Executive and Schedule C System (ESCS).

Consistent with legal and statutory requirements, these LTA authorities and temporary allocations may NOT be exercised prior to the inauguration on January 20, 2009, and use of the authority expires on January 30, 2009. Appointments made under these authorities are not to exceed twenty-one days from the date of appointment. You should immediately initiate action to request a non-career appointment authority for any of these individuals who will continue to serve the Administration after that time. Each of these temporary authorities will revert to OPM when the appointee’s non-career appointment is finalized or when they leave the position.

Under 5 CFR 316.403, these appointments may be designated as “provisional appointments” on the SF-50: and the appointees may be treated as non-temporary appointees for purposes of life insurance, health benefits, and retirement coverage (see 5 CFR 870.302(b)(iv); 890.102(c)(1); and 831.201 (b)(5)).

Upon request, OPM will also consider authorizing LTA authorities for individuals who have been nominated for Presidential appointments, pending Senate confirmation.

If you have any questions on this or other SES or Schedule C staffing matters, please contact Mary Lamary, Acting Manager, Executive Resources Services Group, Human Capital Leadership and Merit Accountability Division. She may be reached at 202-606-1255 or by email at mary.lamary@opm.gov.