3 FAM 8200
FAMILY MEMBER APPOINTMENTS
3 FAM 8210
FAMILY MEMBER LIMITED NONCAREER APPOINTMENT
(CT:PER-919; 08-31-2018)
(Office of Origin: HR/OE)
3 FAM 8211 AUTHORITY
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to U.S. Citizen Family Members Only)
a. The authority for these regulations establishing a
family member limited noncareer appointment includes Sections 301, 303, 309,
311, 403, 406, 407, 610, and 612 of the Foreign Service Act of 1980, as amended
(22 U.S.C. 3941, 3943, 3949, 3951, 3963, 3966, 3967, 4010, 4011).
b. Upon the recommendation of the Office of Overseas
Employment in the Bureau of Human Resources, (HR/OE), the Director General of
the Foreign Service and Director of Human Resources may waive provisions of 3
FAM 8200 if not contrary to law and with the concurrence of the Office of the
Legal Adviser (L).
3 FAM 8212 DEFINITIONS
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to U.S. Citizen Family Members Only)
See 3 FAM 7120.
3 FAM 8213 POLICY
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)
a. The purpose of the family member limited noncareer
appointment, hereinafter referred to as the family member appointment (FMA), is
to provide an efficient, equitable method of employing appointment eligible family
members (AEFMs) at a U.S. mission abroad under chief-of-mission authority, or
at an office of the American Institute of Taiwan.
b. An FMA is not a career appointment and does not
confer career candidate status.
c. A family member appointment does not in and of
itself entitle an individual holding such appointment to a local position,
compensation, and/or employee benefits.
3 FAM 8214 ELIGIBILITY CRITERIA
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)
a. To be appointed under a family member appointment or
to have such appointment extended or renewed, individuals must be an appointment
eligible family member as defined in 3 FAM 7121.
b. An appointment to the Foreign Service Family Reserve
Corps (FSFRC) may be extended or renewed for any current FSFRC member whose
appointment to the FSFRC has not been terminated pursuant to 3 FAM 8219.
3 FAM 8215 Suitability and Security
Clearance DeterminatioNS
3 FAM 8215.1 Suitability
Determination
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)
a. In all cases, individuals to be appointed under a
family member appointment will be subject to appropriate investigation to
determine suitability for employment.
b. In the event that information is developed that
raises a question of suitability for employment, the Bureau of Diplomatic
Security's Office of Personnel Security and Suitability (DS/SI/PSS) will refer
the case to the Personnel Review Panel (as established under 3 FAM 2150),
which will make a suitability determination as to whether an individual may be
appointed under a family member appointment.
3 FAM 8215.2 Security Clearances
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)
If required, security clearances for all individuals under
family member appointments are investigated, granted, denied, revoked,
suspended, and/or reduced by the Departments Bureau of Diplomatic Security
(DS) in accordance with 12 FAM 230,
Personnel Security, and Executive Order 12968.
3 FAM 8216 APPOINTMENT AND PAY
ADMINISTRATION
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)
Individuals under family member appointments are
compensated based on the pay range established for the class of the qualifying
position they hold under each family member appointment.
3 FAM 8216.1 Pay Under Initial
Family Member Appointment
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)
a. For purposes of this section, an initial family
member appointment is the first such appointment ever received by an individual
or the first such appointment received by an individual after a break in
service of more than 3 days following any appointment with the U.S. Government.
b. An employee's salary in an initial family member
appointment is set at step 1 of the class of the qualifying position held under
the family member appointment, or at the minimum rate that has otherwise been
established for that qualifying position. There are two exceptions, which
allow for a higher rate within the class of the position: Superior
qualifications rate (SQR) and highest previous rate (HPR). See 3 FAM 8216.2,
Highest Previous Rate, and 3 FAM 8216.3,
Superior Qualifications Rate.
3 FAM 8216.2 Highest Previous Rate
(CT:PER-919; 08-31-2018)
(State/AID/USDA/Commerce/Peace Corps)
(Applies to Appointment Eligible Family Members Only)
a. An employee may be appointed above step one of the
grade of the position based on the highest previous rate (HPR) earned on a
prior Federal Government appointment. The HPR is based on the highest grade
and step previously earned while on a full-time or part-time appointment for a
continuous period (without a break in service) of at least 90 calendar days. The
number of days worked on the appointment is not an issue; the controlling
factor is the number of days appointed.
b. The HPR may not be based on a rate received from a
commissary or employee association, personal services agreement (PSA), personal
services contract (PSC) or nonpersonal services contract, a nonappropriated
fund position, a position in private industry, an expert or consultant appointment,
or a special rate under 5 U.S.C. 5305. Any allowances or differentials are
considered additional pay and are distinguished from the rate of basic pay,
and may not be used in computing the HPR.
c. When a candidate presents previous Form SF-50s
documenting the HPR to the post, the bureau will
authorize HPR. If the HPR falls between two steps of the grade, employees may
be paid at the higher rate or step. If the HPR exceeds the highest step of the
grade of the position, the salary rate is set at the highest step even if that
will result in a salary lower than the HPR. The next higher position grade
must not be used to match the HPR.
d. HPR may only be granted retroactively to the date of
the appointment under the following conditions: If the employee claims HPR but
does not have supporting documentation at the time of the appointment, the post
may enter the following remark on the Form SF-50: Salary subject to
correction upon verification of service which establishes highest previous
rate. If the rate is subsequently verified, the post will process a
correction action to change the salary level effective as of the date of
appointment.
e. If the HPR was earned in a Foreign Service or Civil
Service position, it is increased by subsequent amendments to the pay
schedules. For example, the highest previous rate for a former FP-04, step one
appointment, is computed on the current salary rate for a FP-04, step one, not
the actual salary at the time of the previous appointment.
3 FAM 8216.3 Superior
Qualifications Rate
(CT:PER-849; 06-21-2017)
(State/AID/USDA/Commerce/Peace Corps)
(Applies to Appointment Eligible Family Members Only)
Employees may be appointed above the minimum step of the
grade of the position when their qualifications clearly exceed the minimum
requirements of the position. A superior qualification rate (SQR) may be
granted only when the employee possesses a combination of work experience and
education of such quality and duration that the post may reasonably expect
enhanced performance beyond the minimum requirements. The SQR must be approved
prior to the employees entrance on duty. SQR may only be used when funds are
available and may not be approved retroactively.
3 FAM 8217 BENEFITS
3 FAM 8217.1 Allowances and
Differentials
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)
a. Individuals employed under family member
appointments shall not be entitled to receive in their own right as employees,
any allowances, differentials, or other benefits (e.g., including but not
limited to such allowances, differentials, and benefits as temporary lodging,
living quarters, transfer, home service transfer, education, separate
maintenance allowances, post allowance, post differential, advances of pay,
home leave, rest and recreation, etc.) unless specifically authorized in 3 FAM 8210,
Family Member Appointments, or unless required by law.
b. Individuals under a family member or a temporary
(TEMP) appointment are eligible for danger pay in their own right as employees,
if they otherwise meet the qualifying criteria for such allowance.
3 FAM 8217.2 Leave Without Pay
(LWOP)
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)
Leave without pay (LWOP) may be granted at the
supervisors discretion, but only to individuals employed under a family member
appointment who are expected to return after the LWOP to the same position for
which LWOP is being requested. Any requests for LWOP in excess of 30 days must
be approved by the management officer at post.
3 FAM 8218 Standards of Conduct
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)
All employees serving under a limited, noncareer
appointment to the Foreign Service, including members of the Foreign Service
Family Reserve Corps (to include FSFRC members in reserve status) or employees
who are otherwise serving under FMAs or TEMP appointments, as well as
individuals in LWOP status on a limited noncareer appointment to the Foreign
Service, are subject to standards-of-conduct requirements applicable to
Department of State employees as well as to all U.S. Government employees. See
3 FAM 4100, Employee Responsibility and Conduct, and Title 5, Code of Federal
Regulations, Part 2635 (5 CFR 2635).
3 FAM 8219 TERMINATION OF FAMILY
MEMBER APPOINTMENT
(CT:PER-849; 06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)
a. Family member appointments (FMA) may be terminated
prior to the expiration date specified on the appointment personnel action.
Section 610 of the Foreign Service Act of 1980, as amended, governs the rights
of employees whom the Director General proposes to separate for misconduct. Pursuant
to Section 612 of the Foreign Service Act, FMAs may be terminated for reasons
other than misconduct (e.g., for unsatisfactory performance) and for reasons
other than loss of eligibility for appointment under an FMA.
b. Termination of an individuals family member
appointment may occur at any time, due to circumstances including but not
limited to one or more of the following:
(1) Retirement or other separation of the sponsoring
employee;
(2) Other loss of status of the individual as an appointment
eligible family member (e.g., divorce, statement of dissolution as defined in 3 FAM 1610,
annulment of marriage, etc.);
(3) Revocation, suspension, or reduction of security
clearance, in accordance with E.O. 12968, 12 FAM 230, and
the subsequent separation procedures in Section 610 of the Foreign Service Act
(22 U.S.C. 4010);
(4) Acceptance or commencement of service under a
personal services contract (PSC) or personal service agreement (PSA), unless an
exception has been granted by the appropriate agencys procurement executive;
(5) Acceptance or commencement of service under a
nonpersonal services contract, third-party contract, or any other type of
contractual arrangement with the U.S. Government (other than under a
permissible PSC or PSA, as described in the preceding subparagraph), with
termination of the family member appointment to be effective upon the
occurrence of any such event;
(6) Misconduct, in accordance with Section 610 of the
Foreign Service Act; and/or
(7) Such other cause as will promote the efficiency of
the Foreign Service, in accordance with Section 610 or Section 612 of the
Foreign Service Act, as appropriate (22 U.S.C. 4010, 22 U.S.C. 4011).
c. The effective date of termination of an FMA is:
(1) For separations pursuant to Section 610 of the
Foreign Service Act (22 U.S.C. 4010), the date set by the Department following
any decision by the Foreign Service Grievance Board that cause for separation
has been established; and
(2) For separations pursuant to Section 612 (22 U.S.C.
4011), the date set by the Director General, which for terminations based on
loss of eligibility for appointment, is the last day of the pay period in which
the date of the event warranting termination occurs, except as otherwise
provided in 3
FAM 8219, subparagraph b(5).
d. An individual employed under an FMA must notify, in
writing, either the human resources office or management section of the
individuals post of residence abroad or, in the case of individuals residing
in the United States, the Departments Office of Human Resources Shared Services
(HR/SS), when any of the events under 3 FAM 8219,
subparagraph b(5), occur.