3 FAM 2280
Superior Qualifications
Appointment
(CT:PER-671; 04-26-2012)
(Office of Origin: HR/CSHRM)
3 FAM 2281 AUTHORITY
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
The authorities cited for this subchapter are:
(1) 5 U.S.C. 5333; and
(2) 5 CFR 531.212.
3 FAM 2282 POLICY
(TL:PER-461; 01-07-2003)
(State Only)
(Applies to Civil Service Employees Only)
It is the Departments policy to appoint individuals to
General Schedule (GS) positions above Step 1 of the grade based on the unique
or superior qualifications and existing pay, or a special need for the
individuals service. Use of the superior qualification appointment authority
is not to solely match existing pay but to enable the Department to compete for
top quality candidates. These types of appointments are exceptional
situations.
3 FAM 2283 DEFINITIONS
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
In addition to the definitions found in 5 CFR 531.203, the
terms used in this subchapter have the following meanings:
(1) Superior qualifications:
The individual brings unusually high, unique or superior qualifications,
particularly suited to the position in comparison with other qualified
individuals. In addition, the individual would be losing salary and/or
benefits if employed at the first step of the grade; and
(2) Special needs: A
documented need of the Department for a specific set of skills and/or expertise
and recruitment has met with limited success. An individual who is singularly
suited to a unique Departmental function; one who has special though not
necessarily superior qualifications that meets the need of a position or a
documented area of chronic labor shortage.
3 FAM 2284 ELIGIBILITY
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
a. Superior qualifications appointments are made at a
rate above the minimum rate of the appropriate General Schedule (GS) grade under authority of 5 U.S.C. 5333. To
be eligible for superior qualifications appointments (see 5 CFR 531.212):
(1) Individuals must be newly appointed or reappointed
after a break in service of at least 90 days from their last Federal
appointment;
(2) It must be determined that the individuals
current and prior appointments, if any, do not preclude use of the superior
qualifications provision;
(3) Individuals must have unique skills or
qualifications that are above other individuals in the same category. There
must also be a forfeiture of income that would justify an increase in salary
above step one of the grade being considered for; and
(4) Individuals must have a unique combination of
education and experience that meets a special need of the Department.
b. Generally, this authority will not be used unless
the higher rate is needed to match the current pay of the individual as
determined and/or adjusted using appropriate criteria. Justifications under 5 CFR 531.212 must be provided and documented to
set pay a rate higher than needed to match existing pay.
3 FAM 2285 CRITERIA
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
a. In documenting superior qualifications appointments,
the written justification must address such factors as:
(1) The relevance of the individuals experience and
education to the particular work to be performed;
(2) The quality of the individuals expertise,
education, and training compared to others in the field of consideration;
(3) The extent to which the individual possesses the
knowledge, skills, and competencies that otherwise are scarce for a position or
a particular project;
(4) The success of recent efforts to recruit qualified
candidates for similar positions (including indicators such as offer and/or
acceptance rates, the proportion of such positions filled, and the length of
time required to fill similar positions);
(5) Recent turnover in similar positions;
(6) Labor market factors that affect the ability of
the Department to recruit qualified internal or external candidates for similar
positions, now or in the future (may include such factors as salary ranges or
comparable positions, scarcity of skills, emerging technology, etc.);
(7) Special or unique qualifications needed for the position;
(8) The urgency of filling the position in question;
and
(9) Other special or unique needs for the individuals
service.
b. Pay determinations will be made in accordance with
this subchapter and 5 CFR 531.212. Each
appointment will be consistent with other like cases for which a final
determination has been made. The basis for the pay determination will be based
upon:
(1) Comparison of the individuals existing
compensation package (e.g., salary,
bonuses, consulting pay, and benefits) with the Federal salary and benefits to
be offered;
(2) If applicable, rationale for setting the pay at a
higher rate than that needed to match existing pay; and
(3) The reasons for authorizing an advanced rate of
pay instead of or in addition to a recruitment bonus as provided in 5 CFR 575.
3 FAM 2286 RECORDKEEPING AND REPORTING
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
a. To ensure compliance with 5 CFR 531.212 and the Departments ability to
reconstruct superior qualifications determinations, copies of all documentation
included with the recommendation must be maintained in accordance with U.S.
Department of State, Records Disposition Schedule, Chapter 04, Personnel
Records, Applicant Files located at HR/EX, Records and Information Management
Divisions Web site.
b. In addition, the information below must be
maintained by the designated approving official for a period of 2 years or until completion of an Office of
Personnel Management (OPM) inspection, whichever is earlier:
(1) The written justification;
(2) A copy of the Certificate of Eligible Applicants
and/or copies of the pool of applications or resums;
(3) All supporting documentation including a copy of
the individuals application or resum and
evidence of forfeited income; and
(4) A copy of the Superior Qualifications Appointment
Checklist with the required signatures of approval.
3 FAM 2287 RESPONSIBILITIES
3 FAM 2287.1 Director General of
the Foreign Service and Director of Human Resources (DGHR)
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
The Director General of the Foreign Service and Director
of Human Resources (DGHR) has oversight
and managerial responsibility for the following:
(1) Superior qualifications appointments;
(2) Ensuring that the Departments use of superior
qualifications appointments conforms to the requirements established in 5 CFR 531.212; and
(3) 3 FAM 2280,
Superior Qualifications Appointments.
3 FAM 2287.2 Recommending Official
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
The supervisor or manager making the selection is the
recommending official and is responsible for doing the following:
(1) Preparing the written recommendation with
appropriate supporting documentation, justifying the request for a superior
qualifications appointment; and
(2) Submitting the request for superior qualifications appointment to the bureaus executive director for review once a selection
is made.
3 FAM 2287.3 Executive Directors
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
Executive directors, or the equivalent level position,
have overall administrative responsibility for the following:
(1) Review and ensure that the bureaus use of the
superior qualifications appointment authority conforms to the requirements
established in this subchapter and 5 CFR 531.212;
(2) Forwarding all requests to the Office of Civil Service Human Resource Management (HR/CSHRM) for approval unless otherwise delegated
specific authority to approve superior qualifications appointments. Authority
to approve superior qualifications appointments
must be requested in writing through HR/CSHRM to DGHR.
(3) Complete, sign, and date Form DS-4031, Superior
Qualifications Appointments Checklist and Approval, available on the Office of Directives Management Web
site and prepare a memorandum of recommendation for the approving
officials signature.
3 FAM 2287.4 Office of Civil Service
Human Resource Management (HR/CSHRM)
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
The primary responsibility
of the Director of the Office of
Civil Service Human Resource Management (HR/CSHRM) is to assist the
Director General of the Foreign Service and Director of Human Resources in
managing and conducting oversight of superior qualifications appointments. In
carrying out these responsibilities, HR/CSHRM must:
(1) Review and
approve superior qualifications appointments;
(2) Ensure
compliance with the requirements established under 5 CFR 531.203 and this
subchapter;
(3) Prepare
reports for oversight purposes;
(4) Review and
implement policy changes; and
(5) Develop and
issue guidance.
3 FAM 2288 APPROVAL AUTHORITY
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
a. The Director General and Director of Human Resources
or designee approves superior qualifications appointments
unless an exception has been approved in writing by DGHR.
b. When an exception has been approved by DGHR, superior qualifications
appointments must be approved by an official who is at a minimum or
equivalent to the level of the executive director.
3 FAM 2289 PROCEDURES
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
a. Requests must be submitted in accordance with the Office of Civil Service Human Resource Management
(HR/CSHRM) customer service time frames prior to the proposed effective
date of the appointment. Superior qualifications appointments may not be
approved after the individual enters on duty.
b. The recommending official must prepare the written justification for a
superior qualifications appointment in accordance with the provisions of 3 FAM 2280, and 5 CFR 531.212.
c. The request and supporting documentation will be
forwarded to the bureaus executive director
or other bureau approving official for review, and must include the following:
(1) The justification memorandum;
(2) The position description;
(3) The application or resum
of the individual and a copy of the Office
of Personnel Management (OPM) certificate;
and
(4) Documentation that supports claims of existing
salary, bona fide employment offers, and
any other information on the income considerations or qualifications for the
selected candidate.
d. Bureaus who have not been delegated the authority to
approve superior qualifications appointments must forward approved requests to
HR/CSHRM for review and approval.
e. The Human Resources Specialist in HR/CSHRM and in
bureaus delegated approving authority will do the following:
(1) Evaluate each request against relevant statutory
regulations and policy guidance to ascertain whether it meets established
criteria and make an initial determination whether the justification and
supporting documentation submitted contain sufficient justification for a
superior qualifications appointment;
(2) Forward the request along with supporting
documentation to the designated approving official for final review and
decision;
(3) Upon approval, inform the requesting bureau and
ensure processing of the Form SF-52, Request for Personnel Action, in
accordance with the Office of Personnel Managements Guide for Processing
Personnel Actions, Chapter 4, Table 4C; and
(4) Maintain a record of the superior qualifications
appointments in a separate file within the office in accordance with 3 FAM 2280.