Title 32 Dual Status (DS) Conversion To Title 5 Town Hall Brief

1. Title 32 Dual Status (DS) Conversion To Title 5 Town Hall Brief Rodney Ginter Human Resources Officer

2. Overview • How We Got Here • Conversion Considerations • Responsibilities • What Stays the Same • What’s Different • Execution • Way Ahead

3. How We Got Here • NDAA 2016 Section 1053 • Convert no fewer than 20% of DS • In general admin, clerical, finance, and office service occupations; and other DS positions specified by the SecDef • DS convert to T-5 without competition or competitive hiring procedures • Convert as of 1 Jan 17

4. How We Got Here • NDAA 2017 Section 1084 • Convert no fewer than 20% of all DS • Primarily in admin (0200), clerical (0300), and finance (0500) occupations • Positions for conversion to be determined through NGB and TAG review process • DS convert to T-5 without competition or competitive hiring procedures • Convert NLT 1 Oct 17

5. How We Got Here • NDAA 2017 Section 932 • CNGB may program for, appoint, employ, administer, detail, and assign persons, within NGB and NG States, to execute functions and missions of the NG

6. How We Got Here • NDAA 2017 Section 932 • CNGB may designate TAGs to appoint, employ, and administer “National Guard employees” • Designation contained in CNGB memo, “Designation of The Adjutants General to Appoint, Employ, and Administer National Guard Employees”, dated 16 February 2017

7. How We Got Here • NDAA 2018 Section 1083 • Convert no fewer than 12.6% of DS • In general admin, clerical, finance, and office service occupations • Removed SecDef option (FY16 NDAA) to specify other DS positions for conversion • DS convert to T-5 without competition or competitive hiring procedures

8. Conversion Considerations MOARNG Conversion Considerations: National picklist developed by ARNG Convert positions which best meet the long-term needs of the MONG – “Spaces not Faces” Convert whole directorates in order to provide career progression in an organization or occupational series within the same personnel system (i.e. all Dual Status T-32 or all Civilian T-5) 8

9. Conversion Considerations MOANG Conversion Considerations: National picklist developed by ANG for each wing Convert positions which best meet the long-term needs of the MONG – “Spaces not Faces” Positively impact mission accomplishment while minimizing negative aspects 9

10. Responsibilities NGB Provide Conversion Instructions Prepare/Release Notification Memo(s) Provide Pre-Conversion Checklists Obtain a Legal Authority Code (LAC) Classify T-5 Position Descriptions Publish Post-Conversion Policies 10

11. Responsibilities HRO Apply Conversion Criteria Publish Revised Merit Placement Plan Build T-5 positions Submit Organization changes for DCPDS/DCPS to TN/Payroll Conduct Local I & I Bargaining Issue Notification Memos Convert T-32 DS to T-5 11

12. What Stays the Same TAG-MO Remains your employer Current Supervisor Work Schedule Pay Plan/Series/Grade Pay (to include pay based on SSR Table) Pay Setting Employment Status Permanent – Indefinite – Temporary T-32 mil time buy-back if covered by USERRA Qualification Standards

13. What Stays the Same Benefits (including military leave) T-5, T-32, or AGR may supervise any category Awards Excepted Service Bargaining Unit Status and representation Recruitment, Relocation, Retention Incentives Hiring Process Internal Merit Placement, Reassignment, or Promotion VERA/VSIP Eligibility

14. What’s Different T-32 DS Excepted Service military technicians convert to T-5 Excepted Service “National Guard Employees” Additional Hiring Authorities Schedule A and D Veteran’s Preference (for new perspective employees) Requirement to clear priority placement No T-5 non-competitive temporary appointments 6 month wait to hire retired military

15. What’s Different • Application of RIF Procedures • Converting DS not required to maintain military membership as a condition of full-time employment • Converting DS wear civilian clothes to work • MONG Policy Memo 14-18 Civilian Attire • Grade Inversion and Compatibility – N/A • Certain DS specific retirement options not allowed • Conversion is not considered a QLE for any benefits

16. What’s Different • Overtime pay: Driven from the Fair Labor Standards Act (FLSA) code. • FLSA code is determined by the Position Description • FLSA code is found on each SF 50 block 35 • Management’s decision for comp/overtime requirement and can be based on budgetary restrictions • Must put in NGB Form 46-14 to supervisor prior towork being conducted • Non-exempt – comp time must pay out as overtime pay if not utilized before the 26th pay period • Exempt- comp time may pay out or employee loses time

17. Execution • MONG completed 4.8% DS tranche 18 Mar 18 • MONG must complete final 7.8% NLT 30 Apr 18 • This equals the 12.6% of DS mandated by Congress • Must be in a pay status • If in leave without pay status on 29 April 18 conversion will occur approximately 30 days after Return To Duty • If on temp promotion must be returned to lower grade and re-promoted after conversion • MONG effective date for final conversions 29 April 18

18. Execution • Technology concerns • CAC card • .civ account • Email forwarding • Etc. • Mail Setup

19. Way Ahead • T-5 National Guard Employees may compete for dual status positions if National Guard military membership is maintained • No management directed reassignment between T-32 to T-5 or T-5 to T-32 – Must be through competition • HROs cleared to recruit-to-fill T-5 Excepted Service position vacancies • Must have T-5 PD and T-5 Qualification Standard • Must have updated merit placement and promotion plan 19

20. Way Ahead • Background investigation (for CAC) will need to be accomplished prior to appointment • Drug testing – no unless required by position qualification • Military re-enlistment bonuses – ARNG and ANG question but initial indication is T-5 will be eligible • Tricare Reserve Select – T-5 not eligible same as all other civil service • Human Resources Advisory Committee (state HROs) working with NGB to develop NG T-5 policies 19

21. Questions ?