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5 U.S.C. 5941; E.O. 10000, 3 CFR, 1943-1948 Comp., p. 792; and E.O. 12510, 3 CFR, 1985 Comp., p. 338.
67 FR 22340, May 3, 2002, unless otherwise noted.
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Subscribe to: 5 CFR Part 591 Subpart B - Post Differentials
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Nomenclature changes to subpart B of part 591 appear at 70 FR 31313, May 31, 2005.
(a) OPM establishes post differential areas in response to agency requests when—
(1) Conditions of environment within the post differential area differ substantially from conditions of environment in the continental United States, and
(2) The major Federal employers within the area believe payment of a post differential is warranted as a recruitment incentive to attract candidates from outside the post differential area to work for the Government in the post differential area.
(b) If a department or agency wants OPM to consider establishing or revising the definition of a post differential area, the head of the department or agency or his or her designee must submit a request in writing to OPM.
OPM has established the following post differential areas:
(a) American Samoa as defined in § 591.205,
(b) Territory of Guam,
(c) Commonwealth of the Northern Mariana Islands,
(d) Johnston Atoll (including Sand Island),
(e) Midway Atoll, and
(f) Wake Atoll.
(a) OPM establishes a post differential by rulemaking if Government agencies require it for recruitment purposes and if one or more of the following conditions exist:
(1) Extraordinarily difficult living conditions,
(2) Excessive physical hardship, and/or
(3) Notably unhealthful conditions.
(b) OPM periodically reviews with Federal agencies whether conditions of environment have changed in the post differential areas and whether payment of the post differential continues to be warranted as a recruitment incentive.
An employee must meet all of the following conditions to be eligible to receive a post differential:
(a) The employee must be a citizen or national of the United States,
(b) The employee's official worksite or detail to temporary duty must be in the post differential area, and
(c) Immediately prior to being assigned to duty in the post differential area, the employee must have maintained his or her actual place(s) of residence outside the post differential area for an appropriate period of time (generally at least 1 year or more), except as provided in § 591.234.
(a) Current residents of the area qualify for a post differential if they were originally recruited from outside the differential area and have been in substantially continuous employment by the United States or by U.S. firms, interests, or organizations.
(b) Examples of persons recruited locally but eligible to receive a post differential include, but are not limited to—
(1) Those who were originally recruited from outside the area and have been in substantially continuous employment by other Federal agencies, contractors of Federal agencies, or international organizations in which the U.S. Government participates and whose conditions of employment provide for their return transportation to places outside the post differential area,
(2) Those who are temporarily present in the post differential area for travel or formal study at the time they are hired and have maintained actual places of residence outside the area for an appropriate period of time, and
(3) Those who are discharged from U.S. military service in the differential area to accept employment with a Federal agency and have maintained actual places of residence outside the differential area for an appropriate period of time.