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Part VI 
Attachment A of 
Oyecseas Employment 
Packet 
EXECUTIVE ORDER GRANTS NON-COMPETITIVE ELIGIBILITY 
TO USG SPOUSES WORKING OVERSEAS 
Executive Order 12362 which wiil offer U.S. Government 
(USG) 
spouses working in temporary positions abroad non-competitive 
eligibility 
for Civil Service career positions upon their return 
to the United States was signed on May 12, 
1982 by President 
Reagan. 
The Executive Order will apply to all U.S. citizen family 
members who accumulate 
a total of two years experience overseas 
in 
appropriated fund positions 
(PITs, AFM/FSNs, 
LIRs, 
RHs, 
etc.) 
over 
a ten-year period. 
Upon return to the U.S., 
a family member 
is 
given two years 
in which to locate 
a federal Civil Service career- 
conditional position for which he/she 
is qualified and be hired 
directly by a federal agency without obtaining certification on 
an Office of Personnel Management 
(OPM) 
register.* 
Credit may be 
earned equally for full-time 
and part-time employment. 
E.O. 
12362 
is retroactive 
to January 1980, 
so many individuals have already 
earned their eligibility 
(see page 
2). 
A privilege granted to returned Peace Corps Volunteers 
in the 
early 1960's through 
a similar Executive Order, 
this E.O. 
will go 
far to alleviate 
the hardships imposed upon USG spouses who frequent- 
ly have no other employment opportunities overseas 
than what the 
Mission has to.offer. 
Many spouses thus build 
a long USG service 
record through intermittent USG employment 
in temporary non-career 
positions overseas which previously gave them no rights or privileges 
upon their return. 
In the past, depending on the spouse's skills and 
‘qualifications, 
she/he might have spent months 
(even a year or more) 
upon return to the U.S. obtaining certification on an OPM register 
and then locating the federal job opening. 
Even though the federai 
job market 
is retrenching 
in Washington, 
D.C., 
at least spouses will 
no longer have the added burden of having to compete for available 
jobs as "outsiders." 
Interim regulations 
to implement E.O. 
12362 were published July 
2, 1982, 
in the Federal Register and are included on page 
3. 
Until 
final regulations and procedures are issued, 
family members should 
retain all personnel action forms 
(SF-50s), efficiency reports, 
travel 
orders, 
etc. 
relating 
to overseas 
temporary employment 
since January 
1980 in order 
to verify qualifying service under this E.O. 
For 
additional information, 
contact the Employment Program Coordinator, 
M/FLO, Room 1212A, Department of State, Washington, 
D.C. 
20520. 
Telephone: 
202-632-2387 
or 3179, 
a 
— 
* 
Note: 
Once 
in a career-conditional position, 
the individual must 
, 
work satisfactorily 
for three years before earning permanent 
re-employment rights; 
however, 
should this three year period 
be interrupted by further overseas 
service, 
the new regulations 
‘recently issued by OPM in FMP Letter 315-18 
(see pages 
5&6) 
would apply. 
See also, 
State magazine, 
March 1982, 
P. 
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SUBCHAPTER 6. 
CAREER OR CAREER-CONDITIONAL APPOINTMENT UNDER SPECIAL AUTHORITIES 
6-15. 
APPOINTMENT OF FORMER OVERSEAS EMPLOYEES 
a. 
Eligibility. 
<A former overseas employee may be appointed on a career- 
conditional 
basis noncompetitively to a competitive service position in the United 
States under the authority of Executive Order 12362 provided that he or she: 
(1) 
is a United States citizen; 
(2) 
accumulated 24 months of creditable overseas service in 
an appropriated fund position(s) under an overseas local hire appointment 
(s) 
within a 10-year period beginning on or after January 1, 1980; 
(3) 
received a satisfactory or better performance rating for 
the period of creditable overseas service 
(this requirement applies to 
service accrued after January 1, 1984); 
(4) 
was a family member of a Federal civilian employee or of 
a member of a uniformed service (the civilian or uniformed sponsor) who 
was officially assigned to the overseas area during the period of creditable 
overseas service; 
(5) 
accompanied the civilian or uniformed sponsor on official 
assignment in the overseas area while serving in the overseas position 
during the period of creditable overseas service. 
(6) 
is appointed within two years of returning to the United 
States from the overseas tour of duty during which he or she acquired 
eligibility; and 
(7) 
meets all qualification requirements for the position in 
the United States for which he or she is applying. 
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gps 
b. 
Definitions. 
(1) 
“accompanied the civilian or uniformad sponsor on official 
assignment in the overseas area" means a family member residing in the 
overseas area while their sponsor is officially assigned to an overseas 
post of duty. 
This definition does not require the family member to 
have physically resided with the sponsor at all times or to have travelled 
with the sponsor to or from the overseas area. 
(2) 
"Creditable Overseas Service" means the period of employment, 
determined in accordance with applicable service crediting procedures 
for determining service computation date, when the employee was serving 
under a local hire appointment(s) with a satisfactory or better performance 
rating and residing in the overseas area as a family member of a Federal 
civilian employee or member of a uniformed service on official assignment. 
(3) 
“Family member" means spouses and unmarried children (under 
| 
23 years of age) of a member of a uniformed service or Federal civilian 
employee officially assigned to the overseas area. 
(4) 
“Federal civilian employee" means employees of the executive, 
judicial, and legislative branches of the Government of the United States 
who are officially assigned to the overseas area and serve in appropriated 
fund positions. 
(5) 
“Local 
hire appointments" are excepted or competitive service 
appointments made from applicants residing in the overseas area which are 
not actually or potentially permanent. 
For purposes of this subpart only, 
this definition includes nonpermanent employment as a local national 
employee paid from appropriated funds, or under 50 U.S.C. 4033, Public Law 
86-36, or the Berlin Tarriff Agreement, overseas limited appointments 
under 5 CFR 301.201, nonpermanent excepted appointments under Schedule A 
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213.3106(b)(6) or Schedule A 213.3106(d)(1), or an “American Family Member" 
or "Part-time--Intemittent--Temporary" appointment in U.S. diplomatic 
establishments. 
(6) 
"Member of a uniformed service” means personnel of the 
Armed Forces (including the Coast Guard), the commissioned corps of the 
Public Health Service, and the commissioned corps of the National 
Oceanic 
and Atmospheric Administration officially assigned to the overseas area. 
(7) 
“Overseas area" means duty locations outside the 50 States 
of the United States, the District of Columbia, Guam, Puerto Rico and 
the Virgin Islands. 
(8) 
"Sponsor" means a member of a uniformed service or civilian 
employee on official assignment to the overseas area who is the spouse 
or parent of the family member. 
(9) 
"United States" means the 50 States, the District of Columbia, 
Guam, Puerto Rico and the Virgin Islands. 
Ce Determining Creditable Overseas Service. 
To be creditable for non- 
competitive appointment under E.0. 12362, 24 months of overseas employment 
must have been served: 
(1) 
after January 1, 1980; and 
(2) 
under a local hire appointment(s) as defined in paragraph b.5 
of this section; and 
(3) 
while the dependent was physically residing in the overseas 
area as a family member of a civilian employee or member of 
a uniformed service who was officially assigned to the overseas 
area; and, 
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(4) 
for service accrued after January 1, 1984, with a satisfactory 
or better performance rating. 
There is no authority to waive any of the above requirements. 
Service 
crediting procedures of FPM Supplement 296-33 for determining service 
computation date are applicable in determining whether former overseas em- 
ployees meet the length of service requirements for non-competitive appoint- 
ment. 
Creditable service may have been under several 
different appointments 
and need not have been continuous. 
Periods of leave without pay which 
occurred after the employee left the overseas area are not considered 
creditable overseas service for purposes of earning non-competitive 
appointment eligibility. 
Former overseas employees cannot use service 
under career-conditional 
or career appointments, or permanent appointments in 
the excepted service to meet service requirements under this order. 
d. 
Overseas local hire appointments. 
Overseas local hire appointments 
are those forms of non-permanent employment designated in paragraph b (5) of 
this section. 
The requirement that local 
hire appointments be made from 
applicants residing in the overseas area does-not preclude agencies from 
considering candidates, whose sponsors are being assigned overseas, in 
advance of their arrival 
in the overseas area. 
Non-permanent appointments 
in both the competitive and excepted service are usually indicated by 
placement of the employee 
in tenure group “O" or "3". 
Appointments under 
which the employee is assigned to tenure group 1 or 2 are not considered 
local hire appointments. 
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e. 
Documentation of overseas local hire employment with national 
security organizations. 
In rare cases, security considerations may preclude 
the disclosure of specific information on a former employee's overseas 
service. 
Where such employees meet the requirements for noncompetitive 
appointment under Executive Order 12362, the overseas employing agency 
will issue the employee a certification to this effect. 
Agencies in the 
United States may make noncompetitive appointments on the basis of 
this certification. 
f. 
Satisfactory Performance Rating. 
For service after January 1, 1984, 
to be creditable for noncompetitive appointment, the employee must have 
received a performance rating of satisfactory or better. 
Periods of 
employment after January 1, 1984 for which the employee did not receive 
a satisfactory or better performance rating are not considered as credit- 
able overseas service for purposes of meeting non-competitive appointment 
elibility requirements under this section. 
Ratings must be determined in 
accordance with the agency's performance appraisal plan established under 
Chapter’ 
43 of title 5, U.S. Code unless the overseas agency is exempt from 
provisions of this chapter. 
Periods of overseas employment after January 1, 
1984, for which the employee did not receive a satisfactory performance 
rating are not considered as creditable overseas service for purposes of 
meeting non-competitive appointment eligibility requirements under this 
section. 
g. 
Status as a Family Member. 
Eligibles must have been family members 
of U.S. Government civilian or military personnel only during the period 
of creditable overseas service. 
No credit can be given for periods of 
overseas 
service when the individual 
was not a family member. 
However, 
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i) 
eligibles need not be family members of U.S. personnel 
or unmarried and 
under 23 years of age at the time they apty for nonconpetitive appointment 
in the United States. 
h. 
Requirement for U.S. Citizenship. 
The requirement that eligibles 
be United States citizens applies only at the time they apply for non- 
competitive appointment in the United States. 
Individuals who are otherwise 
eligible for noncompetitive appointment, 
but who were not U.S. citizens 
during the period of overseas employment, can be given noncompetitive 
appointments if they have since become U.S. citizens. 
i. 
Qualifications Requirements. 
Eligibles may be appointed to any 
position or grade level for which they qualify, subject to meeting qualification 
requirements and time-in-grade restrictions. 
Eligibles must meet all 
qualification standards including any written test eauieenent for the 
position for which they are applying in the United States. 
If the eligible 
has served overseas in a higher grade of the same occupationa’ 
series for 
| 
which he or she is applying in the United States, the eligible is considered 
to meet the qualification requirements for all lower graded positions in 
the same series. 
Written test requirements for lower graded positions in 
the same series may be waived in such cases. 
j. 
Time-in-Grade Restrictions. 
Time-in-grade restrictions 
(FPM 
Chapter 300) apply to employees appointed under this authority who have 
served in a General 
Schedule position during the previous year. 
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k. 
Appointment Eligibility. 
Individuals eligible for noncompetitive 
appointment under E.0 12362 may be considered for appointment on the same 
basis as candidates with civil service status. 
Eligibles may also receive 
noncompetitive, term, or temporary limited appointments 
(FPM Chapter 316). 
Eligibles may receive more than one appointment under this authority as 
long as all appointments are made within 2 years of returning to the United 
States. 
Legal authority code and legal authority to be shown on appointments 
are ZJK, £.0. 12362. 
1. 
Status and Tenure. 
Upon nontemporary appointment, the former 
overseas employee is a career-conditional 
employee. 
Both initial appointment 
probation period and the 3-year period for conversion to career appointment 
begin with the date of the career-conditional 
appointment; service under a 
local hire appointment overseas 
is not creditable for either the probationary 
period or the service requirement for conversion to career tenure. 
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OPM STAFF DRAFT- APRIL 30,1983 
f J 
RAO 
PART 315 -- CAREER AND CAREER 
- CONDITIONAL EMPLOYMENT 
MAY 2 
1033 
1. 
In subpart F, §315.608 is added to read as fotiows: 
§315.608 Noncompetitive appointment of certain 
former overseas employees. 
(a) 
An agency in the executive branch may appoint noncompeti- 
tively to a competitive service position within the Unitea States 
a 
United States citizen who: 
: 
(1) 
accumulated 24 months of creditable overseas service 
in an 
appropriated fund position(s) or equivalent under a local 
hire 
% 
appointment(s) within any ten-year period beginning on or after 
January 1, 1980, 
(2) 
received a satisfactory or better performance rating for—sseh 
the period of creditable overseas service, 
(3) -s-euppentiywas a family member of a civilian employee or of a 
member of a uniformed service (the civilian or uniformed sponsor) 
who was officially assigned to the overseas area—aad—ras—th-thts 
during the 
period of creditable overseas service; 
(4) 
accompanied the civilian or uniformed sponsor on official 
assignment 
+ in the overseas post—of 
duty area while serving in 
the overseas position(s) during the period of creditable overseas 
service; 
= 
is appointed 
within two years -efafter returning to the United States 
from the 
overseas tour of duty during which he or she acquired eligibility; 
and 
'6) 
meets all qualification requirements 
for the positions in the 
United States 
for which 
he or she is 2polying. 
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(>) 
Definitions 
In this Subpart: 
"Creditable Overseas Service means the period of employment, 
determined 
in accordéeice with apslicabdle 
service crediting proce- 
dures, when the emplovee was serving under a local 
hire appointment(s) 
with a satisfactory 
or better performance rating and residing in 
the overseas area 
2s 
2 fanily memoer accompanying a civilian 
employee or member of a uniformed service on official assignment 
“Family member" ~eans spouses and unmarried children (under 
& 
23 years of age) of 2 member of a uniformed service or Federal 
civilian employee officially assigned to the overseas area. 
"Federal 
“civilizn enployee" means employees of the executive, 
judicial, and legislative branches of the Government 
of the 
United States who ere officially assigned to the overseas area 
and serve in approprizted fund pesitions. 
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"Local 
hire appointments" 
are appointments made from applicants 
residing in the overseas area which are not actually or potentially 
permanent. 
For purposes of this subpart, this definition includes 
non- permanent employment as a local national employee paid from 
appropriated funds, 
or under 50. U.S.C. 20394 Public Law 86-36, 
or the Berlin Tarriff Agreement, overseas limited appointments 
under 5 CFR 301.201, nonpermanent excepted appointments under 
Schedule A 213.3106(b)(6) or Schedule A 213.3106(d)(1), 
an “American 
Family Member" 
or "Part-time Intermittent Temporary" appointment 
in U.S. diplomatic establishments 
or any other nonpermanent overseas 
appointment in the competitive or excepted service so designated 
by the Office of Personnel 
Management in the Federal 
Personnel _ 
Manual. 
~penbee of a uniformed service" means personnel 
of the Armed 
Forces (including the Coast Guard), the commissioned corps of the 
Public Health Service, and the commissioned corps of the National 
Oceanic and Atmospheric Administration officially assigned to the 
overseas area. 
"Overseas area” means duty locations outside the 50 States 
of the United States, the Pistrict 
of Colucbia, Guan, Puerto 
Rica and the Virgin Islands. 
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4 
"Sponsor" means 
a member of a unitormed service or civilian 
employee on official assignment to the overseas area who is the 
spouse or parent of the family member. 
"United States" means tne 59 States, the District of Columbia, 
Guam, Puerto Rico and the Virgin Isiands. 
{c) 
Conditions 
(1) 
[ore 
Re 
(1) 
Selection of employees in the. ouensens area should be fiaife 
on the basis of the ability, knowledsae and skills of eligible 
candidates, 
in accordance with apolicable law and regulation. 
(aye. Any law, Executive order or regulation that disqualifies an 
applicant for appointment also disqualifies an applicant for 
appointment under this section. 
(3) 
As soon 
as practicable but not later than January 1, 1934, 
determination 
of satisfactory performance ratings for periods 
of creditable overseas 
service under this subpart must be made 
in accordance with the agency's performance appraisal plan 
established under Chapter 43 of Title 5, U.S. Code, unless 
the overseas employing agency is exemot from the provisions 
7 
of this Chapter. 
(d) 
Tenure of Appointment 
A person appointed under this section decones 
a Caraer-conditional 
enployee. 
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Bs 
(e) 
Acquisition of Competitive Status 
A person appointed under this section acquires competitive status 
automatically upon completion 
of probation. 
* 
* 
* 
* 
* 
PART 315 -- TEMPORARY AND TERM EMPLOYMENT 
2. 
In Subpart C, §316.302(c)(3) 
is revised to read as follows: 
§316.302 Selection of term employees. 
(c 
* 
* 
* 
( 
) 
3) 
A person eligible for career or career-conditional 
appointment 
under §§315.601, 315.605, 315.606, or §315.608 of this chapter; 
* 
* 
* 
* 
* 
3. 
In Subpart D, §316/402(b)(2) 
is revised to read as follows: 
§316.402 Authorities 
for temporary appointments. 
(b) 
* 
* 
* 
(2) 
A person eligible for career or career-conditional appointment 
under §§315.601, 315.605, 315.606, 315.607 or $315.608 of this 
chapter; 
* 
* 
* 
* 
* 
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