13 FAM 102.5
CONTINUED SERVICE AGREEMENT
(CT:TPD-1; 09-18-2019)
(Office of Origin: FSI)
13 FAM 102.5-1 When Required
(CT:TPD-1; 09-18-2019)
(Uniform State/Agriculture /Commerce/USAID)
(Civil Service and Foreign Service Employees)
a. Employees selected for training for more than 80
hours at non-U.S. Government facilities must sign a Continued Service Agreement
(via online enrollment through the FSI OpenNet Web site or as part of Form
SF-182, Authorization, Agreement and Certification of Training). Employees may
not proceed to training until they have signed the appropriate agreement.
b. Employees submit a completed and signed Continued
Service Agreement along with other required training application forms to:
(1) For State, FSI, Office of the Registrar
(FSI/EX/REG);
(2) For USAID, the Personnel Operations Division
(M/HR/POD), or Executive Management (EM), as appropriate; and
(3) For Commerce, the Office of Foreign Service Human
Resources.
c. The appropriate office must receive a signed
Continued Service Agreement (original hard copy, emailed electronic scan, or
faxed copy) must be received in advance of the start of training and the
Agreement will be incorporated in the official personnel records of the
employee.
13 FAM 102.5-2 Nature of
Agreement
(CT:TPD-1; 09-18-2019)
(Uniform State//Agriculture Commerce/USAID)
(Civil Service and Foreign Service Employees)
a. The employee is required to agree to the following
conditions:
(1) To continue in the service of the Department or
the agency after the end-of-training, unless involuntarily separated, for a
period at least equal to three times the length of the training period if
salaried during the period or equal to the length of training if unsalaried
during the period, but in no case less than one month; and
(2) If separated before completion of the training or
completion of the required period of continued service, to reimburse the U.S.
Government the tuition and amount of the additional expenses incurred by the
Department or the agency in connection with such training, unless the employee
is involuntarily separated from the service of the agency or otherwise is
exempted as provided by this subchapter.
b. Time while on leave without pay does not count
toward completion of the period of service required to comply with a continued
service agreement unless the employee is on leave without pay for purposes of
receiving payments under the Federal Employees Compensation Act (i.e., Workers
Compensation).
13 FAM 102.5-3 Reimbursement
(CT:TPD-1; 09-18-2019)
(Uniform State/Agriculture/Commerce/USAID)
(Civil Service and Foreign Service Employees)
If, under 13 FAM 102.5-1,
reimbursement is required, reimbursement will cover such items as tuition and
matriculation fees, library or laboratory service, typing and reproduction of
papers, the purchase or rental of books, per diem, travel, and transportation
expenses for the employee and family, and any other services and costs directly
related to the training. It will not include salary or allowances for the
period of training.
13 FAM 102.5-4 Transfer to
Another Government Agency
(CT:TPD-1; 09-18-2019)
(Uniform State/Agriculture/Commerce/USAID)
(Civil Service and Foreign Service Employees)
a. An employee who plans to transfer to another U.S.
Government agency before completion of training or before expiration of a
Continued Service Agreement must submit a statement of intent to the Director
General of the Foreign Service and Director of Human Resources (Department of
State); Human Resources Manager for the Office of Foreign Service Human
Resources within 10 days (Commerce); or the Director, Office of Human Resources
(for USAID) at least 10 days before the proposed effective date of the
transfer.
b. The statement should be accompanied, if appropriate,
by a certificate from the head of the agency, or a designee, to which the
employee is transferring stating that the training received will be utilized in
the employees new position.
c. The Director General of the Foreign Service and
Director of Human Resources (State Department) or the Director, Office of Human
Resources (for USAID) will review the employees statement and the certificate,
if supplied, and will notify the employee before the end of the 10-day period
that reimbursement either is or is not required. If the employees training is
judged not to be relevant to the position at the agency to which the employee
wishes to transfer, reimbursement will be required.
d. Exemption from reimbursement will be authorized only
in cases where the transfer to another agency is without a break in service.
13 FAM 102.5-5 Waiver of Right of
Recovery
(CT:TPD-1; 09-18-2019)
(Uniform State/Agriculture/Commerce/USAID)
(Civil Service and Foreign Service Employees)
The State Department Comptroller or the USAID Director of
Human Resources may waive in whole or in part the U.S. Governments right to
recovery whenever recovery would be against equity and good conscience or against
the public interest.
13 FAM 102.5-6 Extension of
Training Agreement
(CT:TPD-1; 09-18-2019)
(Uniform State/Agriculture/Commerce/USAID)
(Civil Service and Foreign Service Employees)
Any employee whose long-term training assignment is
extended must agree to a proportionate extension of the employees Continued
Service Agreement by submitting a new, signed form showing the amended dates of
training.
13 FAM 102.5-7 DETERMINATION OF
REPAYMENT AND RECOVERY OF FUNDS
13 FAM 102.5-7(A) Determination
of Repayment
(CT:TPD-1; 09-18-2019)
(Uniform State/Agriculture/Commerce/USAID)
(Civil Service and Foreign Service Employees)
a. When an employee fails to complete the training or
the subsequent period of required service, it is the responsibility of the
agency to determine whether repayment of the expenses incurred in connection
with the training is required in full, prorated, or waived (see 13 FAM 102.5-5).
This responsibility includes determining what portion of the travel,
transportation, and other expenses incurred are directly related to the
training assignment.
b. The following officers serve as deciding officials
and are responsible for notifying the individual involved if there is an
unfulfilled period of obligated service and whether recovery of funds action is
warranted:
|
State
|
The Director General of the
Foreign Service and Director of Human Resources (DGHR)
|
|
USAID
|
Director, Office of Human
Resources (M/HR/OD)
|
|
Commerce
|
Human Resources Manager,
Office of Foreign Service Human Resources
|
13 FAM 102.5-7(B) Repayment and
Notification
(CT:TPD-1; 09-18-2019)
(Uniform State/Agriculture/Commerce/USAID)
(Civil Service and Foreign Service Employees)
a. When an employee who has received training under
these provisions separates voluntarily, it will be determined whether there is
an unfulfilled period of obligated service and, if such is the case, repayment
is required unless the employee is determined not to be indebted under 13 FAM 102.5-4.
b. Repayment is not required when an employee who has
received training under these provisions is involuntarily separated from the
Department.
c. When repayment is required, the employee shall be
notified in writing in accordance with the responsible agencys debt collection
procedures (for State employees, see 4 FAM 490).
Such notification shall include information on the procedure for requesting a
waiver (see 13
FAM 102.5-5).
d. When a determination has been made that a separating
employee has an unfulfilled period of obligated service, HR/CDA or HR/CSHRM
will inform the post or bureau processing the separation that the training
indebtedness should be documented on Form DS-8, Fiscal Clearance for Final
Salary Payment, under Other Indebtedness.
13 FAM 102.5-7(C) Recovery of
Funds
(CT:TPD-1; 09-18-2019)
(Uniform State/Agriculture/Commerce/USAID)
(Civil Service and Foreign Service Employees)
a. Following a final decision that repayment is
required, a copy of the notification requiring repayment is sent by the
deciding official to the appropriate finance office for action, shown as
follows:
|
State
|
Chief of the Accounts Receivable
Branch (CGFS/F/RR/RMICD/ARB)
|
|
Commerce
|
ITA, Office of Financial
Management
|
|
USAID
|
Central Accounting and
Reporting Division, Office of Financial Management
|
b. The appropriate finance office will take action to
collect the amount of repayment by withholding from any monies owed the
employee or former employee by the U.S. Government, or through other methods
allowable under the law.