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Retention-incentive-waiver-template Retention Incentive Waiver Template

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Retention Incentive Waiver Template
Use of this template does not guarantee approval. OPM will make a determination on each
submission based on the documentation provided by the requesting agency.
An agency may pay a retention incentive to a current employee if the agency determines that the
unusually high or unique qualifications of the employee or a special need of the agency for the
employee’s services makes it essential to retain the employee and that the employee would be
likely to leave the Federal service in the absence of a retention incentive.
Agencies have the authority to approve a retention incentive for an individual employee without
OPM approval for payments of up to 25 percent of the employee’s rate of basic pay. OPM
approval is required when an agency would like to exceed the 25 percent limit, based on a
critical agency need. Under an OPM retention incentive waiver, agencies could approve a
retention incentive of up to 50 percent of an employee’s rate of basic pay based on a critical
agency need.
Agencies have the authority to pay a retention incentive of up to 10 percent of basic pay to an
eligible group or category of employees without OPM approval if the agency determines that the
unusually high or unique qualifications of the group or a special need of the agency for the
employees’ services makes it essential to retain the employees and that there is a high risk that a
significant number of employees in the group would leave the Federal service in the absence of a
retention incentive. Under an OPM retention incentive waiver, agencies could approve a
retention incentive of up to 50 percent of basic pay for a group of employees based on a critical
agency need. (OPM may require waiver requests for a group or category of employees to be
coordinated with other agencies having similarly situated employees.)
Additional information on retention incentive coverage, approval criteria, and payment and
service agreement requirements may be found at 5 U.S.C. 5754, 5 CFR part 575, subpart C, and
the fact sheets at https://www.opm.gov/policy-data-oversight/pay-leave/recruitment-relocation-
retention-incentives/#url=Fact-Sheets. Agency headquarters-level human resources offices may
contact OPM at pay-leave-policy@opm.gov for additional information. Employees must contact
their agency human resources office for further information.
Agencies may use the template below to submit an individual or group retention incentive waiver
request to OPM.
Use of this template does not guarantee approval. OPM will make a determination on each
submission based on the documentation provided by the requesting agency.
Brenda L. Roberts
Deputy Associate Director for Pay and Leave
Employee Services
U.S. Office of Personnel Management
Room 7H31
1900 E Street, NW
Washington, DC 20415
Dear Ms. Roberts:
In accordance with 5 CFR 575.309(e), requests that the U.S.
Office of Personnel Management (OPM) waive the limitation on retention incentive payments—
i.e., 25 percent of the employee’s rate of basic pay for an individual employee or 10 percent for a
group or category of employees—based on the critical agency need described below. We are
requesting OPM approval to pay a retention incentive to of
of
annual rate of basic pay.
The criteria for approving a retention incentive waiver for are
met by the information provided below.
1. A description of the employee’s work requirements and responsibilities or, if requesting
a group retention incentive, a description of the group or category of employees and the
number of employees to be covered by the proposed retention incentive.
2. A description of the critical agency need the proposed retention incentive would address.
The authorized agency official must determine that the competencies required for the position(s)
are critical to the successful accomplishment of an important agency mission, project, or
initiative (e.g., programs or projects related to a national emergency or implementing a new law
or critical management initiative).
3. The basis for determining that the unusually high or unique qualifications of the
employee (or group of employees) or a special need of the agency for the employee’s (or
group of employees’) services makes it essential to retain the employee(s).
4. The basis for determining that the employee (or a significant number of employees in a
group) would be likely to leave the Federal service in the absence of a retention incentive.
An agency must consider the following factors listed in 5 CFR 575.306(b), as applicable to the
case at hand, in determining whether the unusually high or unique qualifications of an employee
(or group of employees) or a special need of the agency for an employee’s (or employees’)
department or agency
individual/group
percentage/total dollar amount
individual
individual/group
Use of this template does not guarantee approval. OPM will make a determination on each
submission based on the documentation provided by the requesting agency.
services makes it essential to retain the employee(s) and that the employee (or a significant
number of employees in a group) would be likely to leave the Federal service in the absence of a
retention incentive:
• Employment trends and labor market factors such as the availability and quality of
candidates in the labor market possessing the competencies required for the
position(s) and who, with minimal training, cost, or disruption of service to the
public, could perform the full range of duties and responsibilities of the position(s) at
the level performed by the employee(s);
• The quality and availability of the potential sources of employees that are identified
in any agency succession plan (e.g., succession plans required for leadership
positions), who possess the competencies required for the position(s), and who, with
minimal training, cost, and disruption of service to the public, could perform the full
range of duties and responsibilities of the position(s) at the level performed by the
employee(s);
• The success of recent efforts to recruit candidates and retain employees with
competencies similar to those possessed by the employee(s) for positions similar to
the position(s) held by the employee(s);
• Special or unique competencies required for the position(s);
• Agency efforts to use non-pay authorities to help retain the employee(s) instead of or
in addition to a retention incentive, such as special training and work scheduling
flexibilities or improving working conditions;
Use of this template does not guarantee approval. OPM will make a determination on each
submission based on the documentation provided by the requesting agency.
• The desirability of the duties, work or organizational environment, or geographic
location of the position(s);
• The extent to which the employee’s departure (or the departure of a significant
number of employees in the group) would affect the agency’s ability to carry out an
activity, perform a function, or complete a project that the agency deems essential to
its mission;
• The salaries typically paid outside the Federal Government; and
• Other supporting factors.
5. The proposed retention incentive percentage rate and a justification for that percentage.
The justification for the amount should provide supporting evidence, such as the success of
retention incentives offered under normal payment limitations and/or the salaries typically paid
outside the Federal Government for similar positions.
6. The timing and method of making the proposed retention incentive payments. An agency
must establish a single retention incentive rate for the employee (or group of employees). The
incentive may be paid in installments after the completion of specified periods of service within
the full period of service required by the service agreement or in a single lump sum after
completion of the full period of service required by the service agreement. An agency may not
pay a retention incentive as an initial lump-sum payment at the start of a service period or in
advance of fulfilling the service period for which the retention incentive is received. A retention
incentive installment payment may be computed at the full retention incentive percentage rate or
at a reduced rate with the excess deferred for payment at the end of the full service period.
Explanations of how to compute retention incentive installment payments may be found at 5
CFR 575.309(c) and (d), and in the guidance on Retention Incentive Payment and Termination
Use of this template does not guarantee approval. OPM will make a determination on each
submission based on the documentation provided by the requesting agency.
Calculations at https://www.opm.gov/policy-data-oversight/pay-leave/recruitment-relocation-
retention-incentives/fact-sheets/retention-incentive-payment-and-termination-calculations/.
7. The length of the required service period. An agency must require a signed written service
agreement for any employee who receives a retention incentive under a waiver approved by
OPM. There is no set period of employment under a retention incentive service agreement. It is
up to the agency to decide how long to set the service period for retention incentives. Since the
reason for a retention incentive is to encourage employees to remain with the agency, the agency
should consider what service period length would best help achieve this objective—i.e., what the
agency believes to be a reasonable period of service for the amount of incentive it is willing to
pay.
8. Any other information pertinent to the case at hand.
The point of contact for this request is , who can be
contacted at .
Sincerely,
[Attachments—if any]
agency point of contact
telephone number
email address
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Completed 24 April 2020

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