Title 42 Clinical Research Support (CRS) Program
Frequently Asked Questions
Topical Index
Notes to users: Click on the question numbers below to view topic related questions and answers.
Annual Pay Band Adjustment - Q21, Q22 |
Pay Setting from CRS to GS - Q29 |
Appointment/Staffing of Positions
Q1: What will be the duration of an appointment under Title 42 (CRS)?
A1: That depends. There is no time limit for an indefinite appointment (i.e. the employee is in a continuing position). An employee may be offered an appointment with a time limit. This limit will be identified on the official personnel action, and the employee will receive a copy of it.
Q2: Since Title 42 (CRS) term appointments are for 5 years or less, can they be renewed indefinitely? Will the employee always remain term or be converted to permanent under the Title 42 (CRS)?
A2: Term appointments under the new, CC Title 42 (CRS) system can be renewed up to a total of seven years. No renewals are possible after that. However, employees may be offered indefinite appointments (i.e., with no time limitation, and with no renewal of any kind necessary).
Q3: Is citizenship required for a Title 42 (CRS) appointment?
A3: Either citizenship or status as a permanent resident of the United States (i.e., possesses a "green card"). Other non-citizens may be considered for appointment in a later phase of implementation.
Q4: What will happen with positions that are advertised - will applicants be considered under GS and Title 42 (CRS)? If a General Schedule (GS) person is selected will they be moved into Title 42 (CRS)?
A4: New positions that are advertised will be filled in Title 42 (CRS). If a current GS employee applies and is hired for the new position, he/she will be converted to Title 42. Only rarely (and with the Director, CC's approval) will positions be filled in the GS, and they will be advertised as such.
Q5: Can Commissioned Corps or General Schedule appointments still be made?
A5: Yes, but the Director's approval is required to fill a new position in the Commissioned Corps (either as a call to duty or conversion from current appointment). The director's approval will also be required to fill a GS position.
Q6: Will appointment renewal be difficult in the Title 42 (CRS) program?
A6: If individuals are in continuing positions in Title 42 (CRS) (i.e., on an INDEFINITE appointment), no renewal is necessary for them to continue employment. Also, we do not anticipate problems associated with extensions of temporary Title 42 employees within the 7-year maximum timeframe, if funds are available.
Q7: Are there rules under Title 42 (CRS) for rating an individual for selection, i.e. is there a rating system and must the selection be made from one of the top three candidates?
A7: Rating individuals by HR is optional. Unless otherwise requested, all qualified applicants will be referred to the selecting official, and any qualified applicant may be selected.
Q8: If HR doesn't have to rate applications, do candidates still need to address KSAs when applying for a position? Must competencies be addressed in the vacancy announcement?
A8: Rating criteria are not needed unless managers ask HR to recruit under Option B. In this case, the supervisor would develop job-related, competency-based criteria for HR to use to rate applications. These criteria will be similar to KSAs and will be published in vacancy announcements. Only in this event will applicants need to develop responses to the KSAs.
Q9: What will be required of a department when they want to hire an employee and do supervisors need to write position descriptions for Title 42 (CRS) employees?
A9: Supervisors with delegated authority will determine the placement of a position in a pay band and will determine the recruitment option they wish to pursue. Since JCAHO requires that all employees have position descriptions, the CC will continue to use descriptions of duties and competencies for all Title 42 (CRS) positions. However, the format of these descriptions may be more abbreviated than the position descriptions used for Title 5 General Schedule positions.
Q10: The proposal says that the probationary period will be from 1-3 years. Are there grounds for not having a probationary period at all?
A10: Yes. A current employee who has completed a probationary period in the GS and converts to Title 42 (CRS) in the same position without a break in service would not be required to complete an additional probationary period. Movement to a new position would require a new probationary period.
Q11: Why is the probationary period longer under Title 42 (CRS)?
A11: Supervisors have been concerned for years that the standard one-year probationary period is not always sufficient to adequately judge a new employee's competency, performance, and general suitability for the job. Under Title 42 (CRS), a longer probationary period will allow a supervisor additional time to assess an employee's performance for a full work cycle.
Q12: What determines the length of the probationary period? Is it one's previous training, education, or experience?
A12: The duties of the position and the cycle of work are the most significant factors to be considered in establishing the length of the probationary period. The training, education, experience, and competencies that a person brings to the job will affect his/her ability to accomplish the work successfully. The probationary-period length will be negotiated by the selecting official and the employee.
Q13: Will the length of the probationary period of a Title 42 (CRS) employee be determined prior to acceptance of the position?
A13: Yes
Q14: Do temporary staff have a probationary period?
A14: No. Temporary and term staff ("Supplemental Staff" in Title 42 (CRS) terminology) do not serve a probationary period
Pay Bands and Compensation
Q15: How are the Title 42 (CRS) pay-band ranges set? Are they going to be more generous than the GS grade ranges?
A15: The pay-band ranges are based on the clustering of several GS grades and an assessment of market rates. Generally, CRS pay ranges are broader than the pay for corresponding GS grades.
For this reason, anyone transferring from GS to Title 42 (CRS) would have some additional growth possibility. Annually, the CC Office of Human Resources Management will survey the marketplace and determine whether to recommend band range adjustments (in the same fashion that they have historically reviewed the GS Title 38 special pay ranges).
Q16: Will OHRM continue to track market rates for specific occupations?
A16: Yes. OHRM will continue to monitor the competitiveness of salary ranges under Title 42 (CRS).
Q17: Are there fixed upper and lower levels of salary for each different occupation or is it market driven for each area?
A17: There will not be a separate set of pay rates for each occupation. Instead, there will be four pay clusters, with each cluster encompassing multiple occupations that have similar market rates.
Q18: Will employees still have a "step" while in a pay band? Still 10 steps? Same waiting period as for an automatic within-grade increase?
A18: There are no steps in the pay band, no waiting periods for pay increases, nor any "automatic" increase such as GS within-grade increases.
Q19: Will individual salaries and increases in pay have to be justified?
A19: Yes. The person with pay-setting authority (who this is depends on the pay band) will make sure that the salary requested is justified and fair. A form for requesting and approving individual pay levels will be used to document pay decisions. The CC has established guidelines that are to be used in setting individual pay rates. The guideline are available on the CC/OHRM web site under T42 Clinical Research Support Compensation Plan. The guidelines also describe Overriding CC Compensation Principles and provide guidelines for the development of Department Competency Valuation Plans.
Q20: What will be required of a department when they want to raise the salary of an employee from one band to the other?
A20:Supervisors with delegated authority will determine the placement of a position in a pay band. Placing an employee in a different pay band (as opposed to raising the salary within a pay band) may be done either competitively (i.e., with a vacancy announcement for a new position) or non-competitively depending on the circumstances. The supervisor will request and justify any salary increases coincident with a pay band change from the person with pay-setting authority.
Q21: Do employees still get a general annual increase (COLA) under Title 42 (CRS)?
A21: Yes, but it may not be the same increase applicable to the GS employees. The Director, CC has the authority to decide the amount of the COLA for Title 42 (CRS) employees.
Q22: Does someone have to be rated "unsatisfactory" for a COLA to be denied?
A22: Yes.
Q23: Under the GS system, employees can essentially count on regular within grade increases at prescribed times. Will there be any set minimum increase (beyond the annual COLAs) that employees under Title 42 (CRS) can expect? Will all increases be at the discretion of the individual supervisors?
A23: There are no regular minimum (or maximum) increases programmed for Title 42 (CRS) employees like the within grade increase. Supervisors can recommend pay increases for Title 42 employees at any time based on an increase in competencies, job performance, program needs, funds availability, etc.The CC's Department Competency Valuation Plans that is published as part of the T42 Clinical Research Support Compensation Plan provides a description of the recommended process for determining pay increases..
Q24: If supervisors wanted to give annual pay adjustments, is there a standard amount (e.g., based on the employee's pay band)?
A24: No. Other than the annual COLA approved by the Director, CC, there will be no standard annual increases under Title 42 (CRS). The amount of any increase will depend on an assessment of individual competency growth, program needs, funds availability, and other relevant factors.
Q25: How often will Title 42 (CRS) employees be eligible for pay raises (like the former step increases)? How do employees request a pay raise?
A25: This is an advantage of Title 42 (CRS). There is no limit on the number of raises possible in a year nor a particular waiting period in order to get a base pay increase. Eligibility for base pay increases will be primarily determined by an increase in competencies. Individual competencies and pay level will be reviewed at least once a year. Other supplemental types of pay will also be available under the Title 42 (CRS). Employees are encouraged to discuss pay concerns with their supervisor at any time.
Q26: If we keep the same performance system of two levels (i.e., acceptable/ unacceptable), are there recommended criteria/requirements for salary increases for employees with acceptable ratings?
A26: Salary increases will be based on growth in competencies. Of course, funds availability may influence the amount of any individual salary increase. You should also remember that cash awards also are available under Title 42.
Q27: Can an employee's salary go down if the supervisor thinks productivity is not sufficient?
A27: Yes, the key in Title 42 (CRS) is that there is a greater link of pay to employee performance and competency attainment. However, since reducing base salary without the employee's permission is considered an adverse action, such an action would be subject to due process procedures established under Title 42 (CRS). The procedures that would govern a reduction in pay are similar to those for GS positions.
Q28: Will Title 42 (CRS) employees be able to appeal or challenge a lower salary than those of colleagues in the same position, doing the same work in either GS, Commissioned Corps or Title 42 (CRS)?
A28: It is fairly rare that two employees will do exactly the same work and even rarer still that they perform that work at exactly the same competency and pay level. Nonetheless, there is no formal appeal process for such issues under Title 42 (CRS); however, employees may discuss pay issues with their supervisor at any time.
Q29: If I were to move from a Title 42 CRS position back to a GS position, how would my pay be set in my new GS job?
A29: Under OPM regulations, a non-GS Federal base rate, e.g., a Title 42 AD rate, may be used to establish base pay for a GS position. The pay setting process in such cases normally is governed by “highest previous rate” (HPR) and “maximum payable rate” regulations. Basically, these regulations provide that base pay in a new GS position may be based on the highest rate paid to an employee in another Federal pay plan provided that rate was earned:
- under a regular tour of duty in an appointment not limited to 90 days or less, or
- for a continuous period of no less than 90 days under one or more appointments without a break in service.
The NIH Salary Determination Policy (2300-575-1) reiterates the discretionary nature of HPR. Any step between step 1 and the HPR can be used to establish the new base rate, up to the rate for step 10 in the target GS position.
This scenario is not new at NIH since historically we have seen a number of conversions from other Title 42 programs to the General Schedule. Some of the factors that have been considered in determined the desirability of granting HPR have been the length of service at the highest previous rate, the unusually high or unique qualifications of the candidate, competing offers, shortage of medical specialty, etc.
Should you accept a conversion from the CRS to a GS position, you should engage the selecting official and the servicing personnel generalist in discussion regarding pay setting for your case before you accept the GS position.
Q30: How does Title 42 (CRS) affect premium pays such as overtime, night, weekend pay?
A30: For eligible employees (Bands I and II of each Pay Cluster), the premium pays under Title 42 (CRS) initially will be identical to those paid to GS employees under Title 38 (which will not change).
Q31: Can Title 42 (CRS) employees receive cash awards?
A31: Yes. There are also several other forms of supplemental pay available under Title 42 (CRS) that are not available under GS, e.g., referral bonuses, mentor allowances, etc.
Q32: Will there be specific guidance for managers to use for offering referral bonuses?
A32: Not at this time. Guidance for specific uses of supplemental (variable) pay will be developed if needed.
Employee Benefits and Worklife Programs
Q33: Are there requirements for Title 42 (CRS) employees to receive benefits?
A33: Yes. Title 42 (CRS) employees who are on an appointment of more than one year will receive the same benefits as GS employees.
Q34: Can Title 42 (CRS) employees retire earlier? Are there other employee benefits issues to consider?
A34: Benefits, like retirement, leave, health and life insurance, in Title 42 (CRS) are the same as in GS.
Q35: Can employees have Alternative Work Schedules or earn credit time?
A35: Yes, alternative work schedules can be used for Title 42 (CRS) employees.
Q36: What must an employee generate/contribute as a result of a sabbatical?
A36: Guidelines for sabbaticals are not developed yet.
Performance Appraisals
Q37: Does Title 42 (CRS) have a different policy for performance appraisals?
A37: Title 42 (CRS) staff will be covered under the same Performance Enhancement Program (PEP) and Competency Assessment Program as GS employees. The Competency Assessment Process will be more important for Title 42 (CRS) employees since that process will drive individual pay increases.
Q38: How should the Departments plan for individual pay increases--do they have to project for an entire year the funds needed to cover the increases? Are the increases going to be tied to the annual personnel review?
A38: Yes, departments must budget (i.e., plan) for future Title 42 (CRS) salary increases in consultation with the budget office staff. While increases are not directly tied to the Annual Personnel Review, the APR may be the best time to perform the required annual review of each employee's pay.
See also Questions 10-14, above for discussion related to Probationary Periods.
Employee Rights and Job Security
Q39: Are Title 42 (CRS) employees actually contract employees whose contract has to be renewed?
A39: Title 42 (CRS) employees are not contractors, they are Federal employees.
Q40: Is there less job security being in a Title 42 (CRS) employment status than in GS?
A40: There are two separate issues that need to be addressed when considering "job security" of CC employees - removals of individual employees for performance or cause and Reduction-In- Force. Although the appeal processes associated with disciplinary actions are more limited under Title 42 (CRS) than for Title 5 GS employees, the right to due process in an adverse action is a cornerstone of the Title 42 process for employees who are on INDEFINITE appointments (i.e., without a time limitation). And, in the unlikely event that the CC has a reduction in force (RIF), Title 42 (CRS) employees would not be grouped with Title 5 employees. a RIF at the CC is considered very unlikely.
Q41: What rights do employees retain or give up by becoming a Title 42 (CRS) employee?
A41: The rights to appeal adverse actions to the Merit Systems Protection Board and to file classification appeals with OPM are not available to Title 42 (CRS) employees. However, other resolution options are available.
Q42: What is the grievance process? Do employees still have the right to grieve supervisory decisions if they become a Title 42 (CRS) employee?
A42: Title 42 (CRS) employees will be encouraged to have an open and continuing dialogue with their supervisors on work and employment issues. Employees also will have access to Alternative Dispute Resolution and/or Peer Panels and the services of the NIH Center for Conflict Resolution to resolve disputes with supervisors.
Q43: Is it true that employees who make the choice to go under Title 42 (CRS) cannot be removed as quickly as employees who are in GS?
A43: No. The processes for removal of a CRS and GS employee are similar in that both require that employees be notified of any proposed adverse action, have the opportunity to review the basis for the action, and have a chance to rebut the charges in a response to a higher level official in the CC. This is what we mean when we refer to "due process."
Q44:Can NIH management or Clinical Center management terminate T42 employees for budget or programmatic reasons if they hold an Indefinite Title 42 appt.?
A44: Programmatic changes or budget reductions are two reasons that could lead to staff reductions under either Title 5 or Title 42. However, if NIH decided to reduce the number of Title 42 indefinites, we would have to establish a system for handling the reduction because RIF (Reduction-In-Force) is not a concept that is addressed in Title 42. The only "fact" at this point, is that Title 42's would not compete for jobs with Title 5 appointees. However, a RIF at the CC is considered very unlikely.
General T42 Issues
Q45: What professions and what agencies use Title 42 now? How have they found it to work?
A45: Title 42 is the enabling legislation for the agencies of the Public Health Service, e.g., NIH, FDA, CDC, etc. Each of these agencies designs human resources programs under Title 42 to fit its own needs.
The CC is the first NIH IC to design a Title 42 program for employment of staff without a Ph.D. or MD. Title 42 employment programs for Ph.D. and MD staff have been in use at NIH for many years and have worked well. Additionally, some of the concepts in the CC plan have been used by other Federal agencies for many years, e.g., pay bands, and have received positive reviews.
Q46: If this new Title 42 (CRS) program is canceled, will employees remain in Title 42 (CRS) or be converted back to GS?
A46: The Title 42 (CRS) is not intended to be a temporary system. However, the CC is the first NIH IC to implement such a system for research support staff. As the pilot NIH IC for this program, we will test the concepts of the new system and make appropriate adjustments, as necessary.
Q47: Will current employees be able to switch to Title 42 (CRS) status at anytime, or will there be specific times designated each year when this change can be made.
A47: Employees can switch at their own request, at their current salary, at any time. There is not an "open season" for these switches.
Q48: Once a current employee makes the decision to switch to Title 42 (CRS) status, can they ever switch back?
A48: Generally, not in the same position in the CC. Employees in Title 42 (CRS) are not barred from applying for other GS positions in other parts of NIH or other agencies though, and such a transfer from a Title 42 (CRS) position into a Title 5 (GS) position should not be a problem.
Q49: Why should employees switch from Title 5 (GS) to Title 42 (CRS)? If an employee has many years of government service (either as GS or as a Commissioned Officer), what is the advantage to make the change?
A49: Title 42 (CRS) offers more flexibility and opportunity for salary growth than the GS system. However, the decision to switch to Title 42 (CRS) is a very individual one and may depend on the employee's perceptions of himself/herself and the work situation, and his/her view of options for growth in a competency-based pay system.
The following types of employees may benefit from converting to Title 42 (CRS):
- A high performing employee who feels deserving of pay increases and whom management views favorably;
- An employee at a high step in his/her current grade or at the top of his/her career ladder who will not be eligible for annual within-grade-increases or promotions;
- An employee who is early in his/her CC career and believes that opportunities for advancement will be faster in Title 42 (CRS) than in GS; or
- Any other employee who is dedicated to the CC mission and wishes to be compensated on the basis of his/her competencies.
Q50: Will promotions still be available to current eligible employees who choose not to convert to Title 42 (CRS)?
A50: Individuals who remain in GS will continue to receive fair review and promotion through their established career ladder, if appropriate. New positions will be created in Title 42 (CRS) and individuals who wish to perform those duties may apply and be offered a Title 42 (CRS) appointment (with a pay increase, if appropriate). The Director, CC, can approve exceptions to this policy. No current GS employee will be forced to accept a Title 42 (CRS) appointment.
Budget Issues
Q51: Will the Departments need to plan and budget for annual pay increases for Title 42 (CRS) employees?
A51: Yes, but there are no guarantees that the requested level will be funded during the budget deliberations. Departments will need to budget and justify increases they believe are necessary to recruit, compensate, and retain high quality employees.
Technical Questions
Q52: Do you anticipate use of the waiver of X-118 qualifications standards for any particular series?
A52: We have the authority to develop our own CC qualifications standards. However, we do not anticipate the need to develop new standards nor should waivers be necessary.
Q53: Will the SF-50s document the position title as, for example, Nurse III, to reflect pay band?
A53:The position title will be recorded on the SF-50.
Q54: Will those titled "supervisory" have to meet the Supervisory Grade Evaluation Guide (SGEG) definition?
A54: Title 42 (CRS) does not require using SGEG (or any other classification standard).
Q55: How will all the particular details be annotated in the OPF? Will details such as length of probationary period be on SF-50?
A55: SF-50s with appointment information will be produced and maintained in the OPF. Items such as probationary period length will be recorded on the SF-50.
Q56: Who will approve of per diem (float pool) employee agreements?
A56: This will be used only for nurses initially. The Nursing Department and OHRM are working to develop an implementation plan for the float program. We anticipate that the person delegated to approve individual salary rates also will approve per diem appointments.
