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TITLE 5 > PART III > Subpart C > CHAPTER 45 > SUBCHAPTER I
• § 4501. Definitions
(c) A cash award under this subchapter is in addition to the regular pay of
the recipient. Acceptance of a cash award under this subchapter constitutes
an agreement that the use by the Government of an idea, method, or device
for which the award is made does not form the basis of a further claim of any
nature against the Government by the employee, his heirs, or assigns.
(d) A cash award to, and expense for the honorary recognition of, an
employee may be paid from the fund or appropriation available to the activity
primarily benefiting or the various activities benefiting. The head of the
agency concerned determines the amount to be paid by each activity for an
agency award under section 4503 of this title. The President determines the
amount to be paid by each activity for a Presidential award under
section 4504 of this title.
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effort that contributes to the quality, efficiency, or economy of Government
operations.
(f) The Secretary of Defense may grant a cash award under subsection (b) of
this section without regard to the requirements for certification and approval
provided in that subsection.
(2) performs a special act or service in the public interest in connection with or related
to his official employment.
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(2) A cash award under this section shall be equal to an amount
determined appropriate by the head of the agency, but may not be
more than 10 percent of the employee’s annual rate of basic pay.
Notwithstanding the preceding sentence, the agency head may
authorize a cash award equal to an amount exceeding 10 percent of
the employee’s annual rate of basic pay if the agency head determines
that exceptional performance by the employee justifies such an award,
but in no case may an award under this section exceed 20 percent of
the employee’s annual rate of basic pay.
(b)
(1) A cash award under this section shall be paid as a lump sum, and
may not be considered to be part of the basic pay of an employee.
(2) The failure to pay a cash award under this section, or the amount
of such an award, may not be appealed. The preceding sentence shall
not be construed to extinguish or lessen any right or remedy under
subchapter II of chapter 12, chapter 71, or any of the laws referred to
in section 2302 (d).
• § 4506. Regulations
The Office of Personnel Management shall prescribe regulations and
instructions under which the awards programs set forth by this subchapter
shall be carried out.
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review such recommendations and provide to the President recommendations
as to which of the agency recommended appointees should receive such rank.
(c) During any fiscal year, the President may, subject to subsection (d) of
this section, award to any career appointee recommended by the Office the
rank of—
(e)
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(b) Each agency employing senior career employees shall submit annually to
the Office of Personnel Management recommendations of senior career
employees in the agency to be awarded the rank of Meritorious Senior
Professional or Distinguished Senior Professional, which may be awarded by
the President for sustained accomplishment or sustained extraordinary
accomplishment, respectively.
(c) The recommendations shall be made, reviewed, and awarded under the
same terms and conditions (to the extent determined by the Office of
Personnel Management) that apply to rank awards for members of the Senior
Executive Service under section 4507.
(2) “senior politically appointed officer” means any officer who during
a Presidential election period serves—
(b) No senior politically appointed officer may receive an award under the
provisions of this subchapter during a Presidential election period.
(2) was appointed to such position by the President, by and with the advice and consent
of the Senate.
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CHAPTER 54—HUMAN CAPITAL PERFORMANCE FUND
TITLE 5 > PART III > Subpart D > CHAPTER 54
• § 5401. Purpose
The purpose of this chapter is to promote, through the creation of a Human
Capital Performance Fund, greater performance in the Federal Government.
Monies from the Fund will be used to reward agencies’ highest performing and
most valuable employees. This Fund will offer Federal managers a new tool to
recognize employee performance that is critical to the achievement of agency
missions.
• § 5402. Definitions
For the purpose of this chapter—
(1) “agency” means an Executive agency under section 105, but does not
include the Government Accountability Office;
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determining, policy-making, or policy-advocating
character; and
(b)
(1)
(B)
(C)
Page 7
(2) Each agency is required to provide to the Office such payroll
information as the Office specifies necessary to determine the
Executive branch payroll.
(b)
(c) No monies from the Human Capital Performance Fund may be used to
pay for a new position, for other performance-related payments, or for
recruitment or retention incentives paid under sections 5753 and 5754.
(d)
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• § 5405. Regulations
The Office shall issue such regulations as it determines to be necessary for
the administration of this chapter, including the administration of the Fund.
The Office’s regulations shall include criteria governing—
(3) the nature, extent, duration, and adjustment of, and approval
processes for, payments to individual employees under this chapter;
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(G) effective safeguards to ensure that the management of the
system is fair and equitable and based on employee
performance; and
(b) The Office, in consultation with the Chief Human Capital Officers Council,
shall review and approve an agency’s plan before the agency is eligible to
receive an allocation of funding from the Office.
(c) The Chief Human Capital Officers Council shall include in its annual report
to Congress under section 1303(d) of the Homeland Security Act of 2002 an
evaluation of the formulation and implementation of agency performance
management systems.
• § 5408. Appropriations
There is authorized to be appropriated $500,000,000 for fiscal year 2004,
and, for each subsequent fiscal year, such sums as may be necessary to carry
out the provisions of this chapter. In the first year of implementation, up to
10 percent of the amount appropriated to the Fund shall be available to
participating agencies to train supervisors, managers, and other individuals
involved in the appraisal process on using performance management systems
to make meaningful distinctions in employee performance and on the use of
the Fund.
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10
2. The authority vested in the Commissioner of Internal Revenue by Treasury Order 102–01 (as
revised); Chapters 451, 540 and 550.6 of the Treasury Human Resources Directorate
Manual; and 5 U.S.C. 3321, 7502 and 7512 to propose, make final decisions, and effect
adverse actions, disciplinary actions and separations or terminations during probationary
period for pre-employment reasons; to make final decisions and effect separations or
terminations during probationary period for post-employment reasons, written reprimands,
admonishments, warning letters, letters of caution, closed without action letters, clearance
letters, grievances and appeals; to approve personnel actions; to approve suitability cases;
to approve within-grade step increases for acceptable level of competence and within-grade
step increases for high quality performance; to approve Performance Management
Recognition System Cash Awards for covered employees; and to classify General Schedule
and Federal Wage System positions is hereby delegated as indicated in Exhibit 1.2.45–2. See
Exhibit 1.2.45-2.
3. The Chief Counsel is also delegated the authorities cited above with authority to redelegate.
4. To the extent that the authority previously exercised consistent with this order may require
ratification, it is hereby approved and ratified. This Order supersedes Delegation Order No.
81 (Rev. 16), effective April 3, 1991.
5. Signed: Philip Brand, Chief Financial Officer
How to Find Out Which Slimy Exec Awarded an IRS Employee Cash for
Cleaning out Your Wallet
Note: see the chargs in the exhibit below for the full delegation order. All kinds of IRS employees can
get awards up to $35,000 for making YOUR LIFE A LIVING HELL.
Now, how shall we determine whether YOUR IRS agent (and any associated IRS or DOJ employees), who
already made your life a living hell, received any CASH or other monetary awards, or a promotion, for
helping in the destruction of your happiness and the confiscation of your liberty and your wallet.
Write a FOIA request to the responsible people in the below chart and ASK that $35,000 question. To
whom did you grant a PMRS or other Cash or other award, why, and specifically for what action in what
case?
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• Business Systems Modernization Executive,
• Regional Commissioners
• Chief Counsel
• Director, National Office Resources Management Division
Paul Andrew Mitchell reported in 1996 that the one or more of the above authorities gave people in the
Clinton White House and DOJ attorneys cash awards for successfully prosecuting tax protestors. He
pointed out that some of the kickbacks have no associated records because IRS execs paid them in cash.
Yeah, sure. If the President received or receives such kickbacks, it violates CUSA Article II Section 7
which prohibits his receiving other “emolument” from the United States or any of them. Imagine
getting proof of such emoluments in a FOIA answer!
-----------------------------------------------------------------------------------------
Bob Hurt
2460 Persian Drive #70
Clearwater, FL 33763
+1 (727) 669-5511
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ADVERSE/DISCIPLINARY AND
OTHER ACTIONS
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12
Chart 1
APPOINTMENTS
AWARDS
Centralized Positions in
Appeals; Executive
Authorize the payment of monetary Administrative
Resources Board (ERB)
awards for approved contributions Assistant to the
positions; and servicewide or
when an appropriately documented Executive
inter-agency contributions for
and approved case record is received Resources Board
which written notification of
approval has been received
CLASSIFICATION
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13
Chart 1
DETAILS
PAY ADMINISTRATION
PERSONNEL REDEPLOYMENT
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Chart 1
RECRUITMENT/EXAMINING
RETIREMENT
RIF NOTICES
SUITABILITY DETERMINATIONS
TRAINING
NOTE: For purposes of this delegation, equivalent level position means a supervisory position with a different title
reporting directly to the same position to which the one cited reports, e.g., Division Director, or equivalent level
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Chart 1
position would be any supervisory position reporting directly to the Assistant Commissioner.
Chart 2
Positions/Actions Not
Positions/Actions Covered May Not Redelegate
Is Delegated Authority To Covered By The
By Delegated Authority Lower Than
Delegated Authority
ADVERSE/DISCIPLINARY AND
OTHER ACTIONS
Chief Operations
Officer, Chief
Information Officer and
1. All ERB covered positions
Assistants to the
2. All employees within the
Commissioner 1. May not
Effect adverse actions and actions immediate offices of the Chief
redelegate
based on unacceptable performance Operations Officer, Chief
All employees within 2. May not redelegate
Information Officer, and Chief
the Commissioner's
Management and Finance
and Deputy
Commissioner's
immediate offices
ASSIGNMENTS
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Chart 2
Positions/Actions Not
Positions/Actions Covered May Not Redelegate
Is Delegated Authority To Covered By The
By Delegated Authority Lower Than
Delegated Authority
competitive position
AWARDS
Employees in his/her
Approve monetary awards and
immediate office, including
exceptions to monetary award scales Assistant to Deputy
field employees engaged in
up to and including $10,000 for any Commissioner
National Office projects; and
one individual or group, and incur Assistant Deputy
contributions of employees of
necessary expenses for the Commissioner
other Government agencies
recognition of contributions
and armed forces members
DETAILS
PAY ADMINISTRATION
Approve exceptions to restrictions for Positions in his/her immediate May not redelegate
pay for more than one position for office
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Chart 2
Positions/Actions Not
Positions/Actions Covered May Not Redelegate
Is Delegated Authority To Covered By The
By Delegated Authority Lower Than
Delegated Authority
more than 40 hours a week (Dual ERB covered positions and May not redelegate
employment) centralized positions as
defined in IRM 0250
PERFORMANCE EVALUATION
Assistant to Deputy
Approve Request for Personnel
Actions for Employees in Commissioner
Action:
his/her immediate office Assistant Deputy
SF–52, Part I, Block H
Commissioner
Chief Operations
Approve and effect final action for the
Officer, Chief
Internal Revenue Service, for
Management and
appointments, position changes, and
Finance, Chief
separations:
ERB covered positions Information Officer 1. Administrative
1. Request for Personnel Action SF–
Actions requiring Assistant to the
52
Treasury approval, per Executive Resources
2. Notification of Personnel Action,
Treasury Directive Board
SF–50
102–01 2. May not redelegate
SUITABILITY DETERMINATIONS
Chart 3
Chief Operations Officer, Chief Financial Officer and Chief Information Officer
Positions/Actions Not
Positions/Actions Covered May Not Redelegate
Are Delegated Authority To Covered By The
By Delegated Authority Lower Than
Delegated Authority
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Chart 2
Positions/Actions Not
Positions/Actions Covered May Not Redelegate
Is Delegated Authority To Covered By The
By Delegated Authority Lower Than
Delegated Authority
ADVERSE/DISCIPLINARY AND
OTHER ACTIONS
1. Regional Commissioner
2. Assistant Commissioner
Propose adverse actions (removals,
3. Deputy Assistant
reductions in grade or pay, 1. May not redelegate
Commissioner
suspensions of more than 14 days, 2. May not redelegate
4. All employees within the
furloughs without pay) and actions 3. May not redelegate
immediate office of the Chief
based on unacceptable performance 4. May not redelegate
Operations Officer, Chief
(removals, reductions in grade)
Financial Officer, and Chief
Information Officer
AWARDS
PERFORMANCE EVALUATION
Determine that work is or is not of an Employees in their immediate Centralized positions Those supervisors
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Chart 2
Positions/Actions Not
Positions/Actions Covered May Not Redelegate
Is Delegated Authority To Covered By The
By Delegated Authority Lower Than
Delegated Authority
acceptable level of competence for office as defined in IRM 0250 who evaluate the work
within-grade step increase being performed
SUITABILITY DETERMINATIONS
Chart 4
Positions/Actions
Positions/Actions Covered Not Covered By May Not Redelegate Lower
Are Delegated Authority To
By Delegated Authority The Delegated Than
Authority
ADVERSE/DISCIPLINARY AND
OTHER ACTIONS
Propose and/or effect: 1. Branch Chiefs (and ERB covered 1. Division Directors and
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Chart 4
Positions/Actions
Positions/Actions Covered Not Covered By May Not Redelegate Lower
Are Delegated Authority To
By Delegated Authority The Delegated Than
Authority
AWARDS
1. Deputy Assistant
Commissioner; Division
Director, or equivalent level,
of initiating National Office
1. Employees under their function for awards up to
jurisdiction, including field and including $5,000;
Approve monetary awards and employees engaged in Branch Chief, or equivalent*
exceptions to monetary award National Office projects; and Centralized positions level, of initiating National
scales up to and including $5,000 contributions of employees of as defined in IRM office function for awards up
for any one individual or group, other Government agencies 0250 and ERB to and including $3,000
and incur necessary expenses for and armed forces members covered positions 2. Directors (MCC & DCC),
the recognition of contributions 2. Employees in Detroit for awards up to and
Computing Center and including $5,000; Division
Martinsburg Computing Center Chief, or equivalent level, for
awards up to and including
3,000; Branch Chief, or
equivalent level*, for awards
up to and including $1,500
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Chart 4
Positions/Actions
Positions/Actions Covered Not Covered By May Not Redelegate Lower
Are Delegated Authority To
By Delegated Authority The Delegated Than
Authority
PERFORMANCE EVALUATION
SUITABILITY DETERMINATIONS
Deputy Assistant
After obtaining technical
Centralized positions Commissioner; Division
assistance of the appropriate
National Office positions under as defined in IRM Director, or equivalent*
Personnel function, to make
their jurisdiction 0250, and ERB level, of function involved;
suitability decisions on external
covered positions Director, Detroit Computing
applicants for employment
Center
Chart 5
Chief Inspector
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Chart 5
Chief Inspector
Chart 6
Division Commissioners, Deputy Division Commissioners, Chiefs and equivalents, Deputy Chiefs, National
Taxpayer Advocate, Deputy National Taxpayer Advocate, Directors, Submission Processing and Customer
Service, and Business Systems Modernization Executive, Regional Commissioners
ADVERSE/DISCIPLINARY AND
OTHER ACTIONS
APPOINTMENTS
Appoint National Science Contest GS–2 and below Chief, Personnel Branch;
All positions above
finalists as Summer Interns (See 5 assistants to scientific, District Director where there
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23
Chart 6
Division Commissioners, Deputy Division Commissioners, Chiefs and equivalents, Deputy Chiefs, National
Taxpayer Advocate, Deputy National Taxpayer Advocate, Directors, Submission Processing and Customer
Service, and Business Systems Modernization Executive, Regional Commissioners
CFR 213.3102(y) and FPM professional and technical GS–2 is no Chief, Personnel
Chapter 213, Appendix C) employees under their Branch; Chief, Regional
jurisdiction Office Personnel Section or
Chief, Servicing Personnel
function
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Chart 6
Division Commissioners, Deputy Division Commissioners, Chiefs and equivalents, Deputy Chiefs, National
Taxpayer Advocate, Deputy National Taxpayer Advocate, Directors, Submission Processing and Customer
Service, and Business Systems Modernization Executive, Regional Commissioners
AWARDS
Assistant Regional
Commissioner, or equivalent*
level; Director, District Office,
Service Center, or Austin
Compliance Center for
awards up to and including
$5,000; Branch Chief, or
equivalent level, in Regional
Approve monetary awards and Employees under their Office for awards up to and
exceptions to monetary award jurisdiction and Centralized positions including $3,000; Division
scales up to and including $5,000 contributions of employees as defined in IRM Chief, or equivalent level, in
for any one individual or group, of other Government 0250, and ERB District Office or Service
and incur necessary expenses for agencies and armed covered positions Center for awards up to and
the recognition of contributions forces members including $3,000; Branch
Chief, or equivalent level, in
District Office, Service
Center, or Austin Compliance
Center for awards up to and
including $1,500. Also
delegated to second-level
supervisors for employees
under their jurisdiction.
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25
Chart 6
Division Commissioners, Deputy Division Commissioners, Chiefs and equivalents, Deputy Chiefs, National
Taxpayer Advocate, Deputy National Taxpayer Advocate, Directors, Submission Processing and Customer
Service, and Business Systems Modernization Executive, Regional Commissioners
CLASSIFICATION
Designated Position
Classifiers or Personnel
Those Listed in IRM
Specialists assigned position
0511 as requiring
classification responsibilities.
All General Schedule and Director, Human
District Director where there
Classify positions Wage Board positions Resources Division
is no Chief, Personnel
within their Regions classification action
Branch, to implement action,
Centralized positions
(authorized staff in Prime
as defined in IRM 0250
District may provide
personnel services)
DETAILS
PAY ADMINISTRATION
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26
Chart 6
Division Commissioners, Deputy Division Commissioners, Chiefs and equivalents, Deputy Chiefs, National
Taxpayer Advocate, Deputy National Taxpayer Advocate, Directors, Submission Processing and Customer
Service, and Business Systems Modernization Executive, Regional Commissioners
PERFORMANCE EVALUATION
RECRUITMENT
RETIREMENT
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27
Chart 6
Division Commissioners, Deputy Division Commissioners, Chiefs and equivalents, Deputy Chiefs, National
Taxpayer Advocate, Deputy National Taxpayer Advocate, Directors, Submission Processing and Customer
Service, and Business Systems Modernization Executive, Regional Commissioners
SUITABILITY DETERMINATIONS
1. Branch Chief, or
equivalent* level, in Regional
After obtaining technical Office; Division Chief for
assistance of the appropriate District and Service
Personnel function, to make Center/Austin Compliance
Actions involving
suitability decisions on external 1. Positions under their Center and second-level
centralized positions as
applicants for employment— jurisdiction; supervisors
defined in IRM 0250,
1. from other than Special 2. Positions under their 2. Employment Section
and ERB covered
Examining Units jurisdiction, Chief, Regional Personnel
positions
2. from Special Examining Units Branch; Chief, Personnel
with full delegated examining and Branch for Districts and
certification authority Service Centers/Austin
Compliance Center; Servicing
Personnel function
TRAINING
Chart 7
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28
District/Service Center Director, Austin Compliance Center
ADVERSE/DISCIPLINARY AND
OTHER ACTIONS
1. Centralized positions as
All employees under defined by IRM 0250
Effect adverse actions and actions their jurisdiction for 2. All positions centralized
May not redelegate.
based on unacceptable performance whom a subordinate to the office of Regional
has proposed an action Commissioner, Assistant
Commissioner
Chart 8
ADVERSE/DISCIPLINARY AND
OTHER ACTIONS
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29
Chart 8
APPOINTMENTS
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30
Chart 8
CLASSIFICATION
Designated Position
All General Schedule
Those positions listed as Classifiers, or Personnel
and Wage Board
Classify positions requiring National Office Specialists assigned
positions under their
Classification in IRM 0511 position classification
jurisdiction
responsibilities
DETAILS
PAY ADMINISTRATION
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Chart 8
RECRUITMENT/EXAMINING
Actions involving
Approve personnel actions for the centralized positions and
Internal Revenue Service for personnel actions
appointments, position changes, and requiring prior approval of 1a. Division Chief of
separations, or take final action for the the Department of the requesting function
IRS: Treasury as defined in IRM 1b. Senior Personnel
Employees under their
1. Request for Personnel Action, SF– 0250, and ERB covered Technician
jurisdiction
52: positions 2. Designated
a. Part I, Block H 1a. Detroit Computing Personnel Technician,
b. Part II, Block 38 Center and Martinsburg Personnel Branch
2. Notification of Personnel Action, SF– Computing Center
50 positions of Division Chief
or equivalent level
SUITABILITY DETERMINATIONS
TRAINING
Chart 9
Chief Counsel
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32
Positions/Actions Positions/Actions Not
May Not Redelegate
Is Delegated Authority To Covered By Delegated Covered By The
Lower Than
Authority Delegated Authority
ADVERSE/DISCIPLINARY AND
OTHER ACTIONS
1. Division Director
2. Branch Chiefs (N.O.);
and supervisors for
Propose and/or effect: 1. Branch Chiefs (N.O.)
employees under their
—separation or termination during 2. All other National
jurisdiction for
probation Office employees in
admonishments only
—suspensions of 14 days less Appeals
3. Regional Director
—written reprimand 3. Assistant Regional
ERB positions in Appeals 4. Ass't Regional
—admonishments Director
Director
—warning letters and letters of caution 4. Branch Chief
5. Branch Chiefs
—closed without action and clearance (Regional)
(Regional); and
letters 5. All other Regional
supervisors for
—suitability determinations Appeals employees
employees under their
jurisdiction for
admonishments only
AWARDS
1. Division Director of
1. Employees in the initiating National Office
National Office function for awards up
Approve monetary awards and
functions of Appeals, to and including $5,000,
exceptions to monetary award scales
including field Centralized positions in Branch Chief of initiating
up to and including $5,000 for any one
employees engaged in Appeals as defined in IRM National Office function
individual or group, and incur necessary
National Office projects 0250 for awards up to and
expenses for the recognition of
2. Employees in including $3,000
contributions
Regional Appeals 2. Regional Director for
offices awards up to and
including $5,000
Recommend to the Deputy 1. Employees in the Centralized positions in 1. May not redelegate
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33
Chart 8
Commissioner monetary awards and National Office Appeals as defined in IRM 2. May not redelegate
exceptions to monetary awards scales functions of Appeals, 0250
exceeding $5,000 (Recommendations including field
will be forwarded through the Director, employees engaged in
Human Resources Division for National Office projects
comment) 2. Employees in
regional Appeals offices
PERFORMANCE EVALUATION
Determine that work is or is not of an IRS employees under Centralized positions in Those supervisors who
acceptable level of competence for the Chief Counsel's Appeals as defined in IRM evaluate the work being
within-grade step increase jurisdiction 0250, performed
1. Employees in
National Office
functions of Appeals, 1. National Director of
Centralized positions in
Approve Request for Personnel Action: including field Appeals
Appeals as defined in IRM
SF–52, Part I, Block H employees engaged in 2. Regional Director of
0250
National Office projects Appeals
2. Employees in
regional Appeals offices
SUITABILITY DETERMINATIONS
1. Employees in
National Office
After obtaining technical assistance of functions of Appeals, 1. National Director of
Centralized positions in
the appropriate Personnel function, to including field Appeals
Appeals as defined in IRM
make suitability decisions on applicants employees engaged in 2. Regional Director of
0250
for employment National Office projects Appeals
2. Employees in
regional Appeals offices
Chart 10
APPOINTMENTS
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34
Chart 10
Appoint National Science Contest GS–2 and below assistants All positions above GS–2
Chief, National Office
finalists as Summer Interns (See 5 to scientific, professional Positions under the
Human Resources
CFR 213.3102 (y) and FPM Chapter and technical National Assistant Commissioner
Branch
213, Appendix C) Office employees (International)
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35
Chart 10
AWARDS
CLASSIFICATION
DETAILS
PAY ADMINISTRATION
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36
Chart 10
RECRUITMENT/EXAMINING
RETIREMENT
1. Senior Personnel
Staffing Specialist,
Approve personnel actions for the All other centralized Staffing &
Internal Revenue Service for positions as defined in IRM Classification
1. National Office
appointments, position changes, and 0250 and National Office Section, National
employees
separations; or take final action: 1. ERB covered positions; Office Human
2. National Office
Request for Personnel Action, SF–52: and employees under the Resources Branch
employees
Part II, Block 382. Notification of Assistant Commissioner 2. Appropriate Unit
Personnel Action, SF–50 (International) Chief, National Office
Human Resources
Branch
SUITABILITY DETERMINATIONS
TRAINING
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Chart 10
Chart 11
APPOINTMENTS
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38
Chart 10
duties
CLASSIFICATION
DETAILS
PAY ADMINISTRATION
Approve personnel actions for Employees under the ERB covered positions, Personnel Officer
corrective action involving retroactive jurisdiction of the A/C and centralized positions
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Chart 10
RECRUITMENT/EXAMINING
RETIREMENT
SUITABILITY DETERMINATIONS
TRAINING
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Chart 10
Chart 12
RETIREMENT
Chart 13
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