1452Federal Register / Vol. 64, No. 5 / Friday, January 8, 1999 / Notices
position is in the same career path as the modified term appointment.
3. Voluntary Emeritus Program
Under the demonstration project, Commanders/Directors have the authority to offer retired or separated individuals voluntary assignments in their activities and to accept the gratuitous services of those individuals. Voluntary Emeritus Program assignments are not considered employment by the Federal Government (except as indicated below). Thus, such assignments do not affect an employee’s entitlement to buy-outs or severance payments based on earlier separation from Federal Service. This program may not be used to replace or substitute for work performed by civilian employees occupying regular positions required to perform the mission of the command.
The Voluntary Emeritus Program will ensure continued quality acquisition by allowing higher paid employees to accept retirement incentives with the opportunity to retain a presence in the acquisition community. The program will be beneficial during manpower reductions as program managers, engineers, and other skilled acquisition professionals accept retirement and return to provide a continuing source of corporate knowledge and valuable on-the-job training or mentoring to less experienced employees.
To be accepted into the Voluntary Emeritus Program, a volunteer must be recommended to the decision-making authority by one or more acquisition managers. No one who applies is entitled to an emeritus position. The decision-making authority must document the decision process for each applicant (whether accepted or rejected) and retain the documentation throughout the assignment. Documentation of rejections will be maintained for two years.
To ensure success and encourage participation, the volunteer’s Federal retirement pay (whether military or civilian) will not be affected while the volunteer is serving in emeritus status. Retired or separated Federal employees may accept an emeritus position without a “break in service” or mandatory waiting period.
Voluntary Emeritus Program volunteers will not be permitted to monitor contracts on behalf of the Government but may participate on any contract if no conflict of interest exists. The volunteer may be required to submit a financial disclosure form annually and will not be permitted to participate on any contracts where a conflict of interest exists. The same rules that currently apply to source selection members will apply to volunteers.
An agreement will be established among the volunteer, the decision-making authority, and the Civilian Personnel/Human Resources Office. The agreement must be finalized before the assumption of duties and shall include:
(a) a statement that the service provided is gratuitous, does not constitute an appointment in the Civil Service, is without compensation or other benefits except as provided for in the agreement itself, and that, except as provided in the agreement regarding work-related injury compensation, any and all claims against the Government because of the service are waived by the volunteer;
(b) a statement that the volunteer will be considered a Federal employee for the purposes of:
(i) Subchapter I of Chapter 81 of title 5, U.S.C. (using the formula established in 10 U.S.C. §§ 1588 for determination of compensation) (work-related injury compensation);
(ii) Chapter 171 of title 28, U.S.C. (tort claims procedure);
(iii) Section 552a of title 5, U.S.C. (records maintained on individuals); and
(iv) Chapter 11 of title 18, U.S.C. (conflicts of interest).
(c) the volunteer’s work schedule;
(d) length of agreement (defined by length of project or time defined by weeks, months, or years);