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Executive Order 13473. Noncompetitive Appointment of Certain Military Spouses. Authority. Implementation of Executive Order 13473, 25 Sep 08 OPM Final Regulatory Guidance, effective 11 Sep 09
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Executive Order 13473 Noncompetitive Appointment of Certain Military Spouses
Authority • Implementation of Executive Order 13473, 25 Sep 08 • OPM Final Regulatory Guidance, effective 11 Sep 09 • on Federal Register, Vol. 74, No. 154, 12 Aug 09 http://edocket.access.gpo.gov/2009/pdf/E9-19340.pdf • 5 CFR Parts 315 and 316 • added §315.612 to subpart F of part 315 • revised part 316, Temporary and Term Appointment, subpart C, §316.302 • revised subpart D, §316.402 to permit noncompetitive permanent, term, or temporary appointments of certain military spouses to the competitive service.
Authority’s Intended Effect • Facilitate entry of military spouses into the Federal Civil Service. • Provide employment access to spouses negatively impacted due to relocation, incapacitation, or death of service members (SM). • Recruit and retain skilled and experienced members of the armed forces. • Minimize disruption when military families relocate. • Recognize and honor SM who are 100% disabled or killed in connection with their service.
Who is Eligible for this Authority? • Spouse of a SM serving on active duty when they receive orders to relocate; or • Spouse of SM whose disability resulted from active duty in the armed forces; or • Un-remarried widow or widower of a SM who was killed while on active duty in the armed forces, it does not have to be combat related. Note: Individuals who wait to marry until after the SM receives PCS orders, or relocates are not eligible under this authority.
Eligibility Requirements for Active Duty Spouse • Relocation of the Spouse • Must relocate with the SM to the new permanent duty station. • Documentation: • PCS orders authorizing the spouse to accompany the SM; • and a certificate of marriage, or license. • Geographic Limitations • Must be within the geographic area of the permanent duty station; • That includes the SM’s duty station and the surrounding area. • Until delegation is received from DOD, a waiver of the geographic restriction cannot be approved.
Proof of Eligibility for Spouse of Active Duty • Spouse must provide the servicing CPAC a copy of following: • PCS Orders, that must include: • information authorizing him or her to accompany the SM to the new permanent duty station; • the specific location to where the SM is to be assigned, reassigned, or transferred IAW PCS orders; • and the effective date of the PCS. • Certificate of marriage, or license
Eligibility forSpouse of Disabled Veteran • Spouses must provide the following documents and are eligible for a maximum of 2 years from the date of: • the release or discharge document from active duty due to a service-connected disability; • the documentation showing disability rating of 100%; and • certificate of marriage or license • These spouses are not restricted to the geographical location limitation.
Eligibility for Spouse of Service Member Killed While on Active Duty • A copy of the DD 1300 Report of Casualty (the 2-year eligibility begins from the date of this report); • Documentation verifying the individual was killed while on active duty; • Certificate of marriage or license; and • Statement certifying that spouse is un-remarried. • These spouses are not restricted to the geographical location limitation.
Conditions • This appointing authority can be used immediately. • A spouse remains eligible for a maximum of 2 years (may not be extended) from the date of the PCS orders; documentation showing the SM is 100% disabled or verifying the SM was killed while on active duty. • Only one permanent appointment is authorized per PCS. • There is no limit on the number of appointments for a spouse of a 100% disabled veteran or the un-remarried widow or widower of a deceased SM. • It does not contain a grandfather provision for SM who may have met the eligibility criteria in prior years. • Spouses who wait to marry after their spouse relocates are not eligible under this authority.
Competitive Status and Tenure • A person appointed under this authority acquires competitive status automatically upon completion of the probationary period. • Appointment is career-conditional unless the appointee has previously satisfied the service requirement.
Miscellaneous • Rating and ranking of applicants for use of this noncompetitive authority is not required. • Spouses must meet OPM Qualification Standards, as identified in the vacancy announcement. • A vacancy announcement is required when using this authority to fill permanent or term positions. • The US Citizenship requirement must be met before using this authority. • Management still has the right to select from other appropriate sources IAW 5 CFR 335.103(b)(4) • There are no imposed grade-level limitations.
Military Spouse Preference To be eligible for registration in any PPP program, the prospective registrant must: • Register for PPP at their local CPAC. • Be well qualified to perform at least one specific type of position. • If the eligible spouse does not have prior Federal Civilian Service, their work experience, education, and training must be evaluated to determine if registration is warranted. • The registering CPAC will be responsible for reviewing spouses' narrative resumes and deciding whether they have sufficient experience to meet this standard and for translating non-Federal experience to specific occupational series and grades. • If a spouse is well qualified for more than one type of position, the higher-grade experience shall be used as the "current" grade for registration purposes unless the spouse does not want to be registered for that line of work. • Program S is not used in OCONUS locations; therefore, interested spouses must apply via vacancy announcements.
Spouses Seeking Job Opportunities • Spouses should be advised to seek job opportunities on their own initiative to increase their opportunities for placement through websites, such as USAJOBS and the Army CPOL. • The Vacancy Announcement Board (VAB) has been updated to include EO 13473, so the HR Specialist and spouses are able to find and select this authority under the “Who May Apply” section. The extended definition has also been added to the VAB.