UNCLASSIFIED (U)

3 FAM 8200 
FAMILY MEMBER APPOINTMENTS

3 FAM 8210

FAMILY MEMBER LIMITED NONCAREER APPOINTMENT

(CT:PER-919;   08-31-2018)
(Office of Origin:  HR/OE)

3 FAM 8211  AUTHORITY

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to U.S. Citizen Family Members Only)

a. The authority for these regulations establishing a family member limited noncareer appointment includes Sections 301, 303, 309, 311, 403, 406, 407, 610, and 612 of the Foreign Service Act of 1980, as amended (22 U.S.C. 3941, 3943, 3949, 3951, 3963, 3966, 3967, 4010, 4011).

b. Upon the recommendation of the Office of Overseas Employment in the Bureau of Human Resources, (HR/OE), the Director General of the Foreign Service and Director of Human Resources may waive provisions of 3 FAM 8200 if not contrary to law and with the concurrence of the Office of the Legal Adviser (L).

3 FAM 8212  DEFINITIONS

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to U.S. Citizen Family Members Only)

See 3 FAM 7120.

3 FAM 8213  POLICY

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)

a. The purpose of the family member limited noncareer appointment, hereinafter referred to as the family member appointment (FMA), is to provide an efficient, equitable method of employing appointment eligible family members (AEFMs) at a U.S. mission abroad under chief-of-mission authority, or at an office of the American Institute of Taiwan.

b. An FMA is not a career appointment and does not confer career candidate status.

c.  A family member appointment does not in and of itself entitle an individual holding such appointment to a local position, compensation, and/or employee benefits.

3 FAM 8214  ELIGIBILITY CRITERIA

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)

a. To be appointed under a family member appointment or to have such appointment extended or renewed, individuals must be an appointment eligible family member as defined in 3 FAM 7121.

b. An appointment to the Foreign Service Family Reserve Corps (FSFRC) may be extended or renewed for any current FSFRC member whose appointment to the FSFRC has not been terminated pursuant to 3 FAM 8219.

3 FAM 8215  Suitability and Security Clearance DeterminatioNS

3 FAM 8215.1  Suitability Determination

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)

a. In all cases, individuals to be appointed under a family member appointment will be subject to appropriate investigation to determine suitability for employment.

b. In the event that information is developed that raises a question of suitability for employment, the Bureau of Diplomatic Security's Office of Personnel Security and Suitability (DS/SI/PSS) will refer the case to the Personnel Review Panel (as established under 3 FAM 2150), which will make a suitability determination as to whether an individual may be appointed under a family member appointment.

3 FAM 8215.2  Security Clearances

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)

If required, security clearances for all individuals under family member appointments are investigated, granted, denied, revoked, suspended, and/or reduced by the Department’s Bureau of Diplomatic Security (DS) in accordance with 12 FAM 230, Personnel Security, and Executive Order 12968.

3 FAM 8216  APPOINTMENT AND PAY ADMINISTRATION

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)

Individuals under family member appointments are compensated based on the pay range established for the class of the qualifying position they hold under each family member appointment.

3 FAM 8216.1  Pay Under Initial Family Member Appointment

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)

a. For purposes of this section, an initial family member appointment is the first such appointment ever received by an individual or the first such appointment received by an individual after a break in service of more than 3 days following any appointment with the U.S. Government.

b. An employee's salary in an initial family member appointment is set at step 1 of the class of the qualifying position held under the family member appointment, or at the minimum rate that has otherwise been established for that qualifying position.  There are two exceptions, which allow for a higher rate within the class of the position:  Superior qualifications rate (SQR) and highest previous rate (HPR).  See 3 FAM 8216.2, Highest Previous Rate, and 3 FAM 8216.3, Superior Qualifications Rate.

3 FAM 8216.2  Highest Previous Rate

(CT:PER-919;   08-31-2018)
(State/AID/USDA/Commerce/Peace Corps)
(Applies to Appointment Eligible Family Members Only)

a. An employee may be appointed above step one of the grade of the position based on the highest previous rate (HPR) earned on a prior Federal Government appointment.  The HPR is based on the highest grade and step previously earned while on a full-time or part-time appointment for a continuous period (without a break in service) of at least 90 calendar days.  The number of days worked on the appointment is not an issue; the controlling factor is the number of days appointed.

b. The HPR may not be based on a rate received from a commissary or employee association, personal services agreement (PSA), personal services contract (PSC) or nonpersonal services contract, a nonappropriated fund position, a position in private industry, an expert or consultant appointment, or a special rate under 5 U.S.C. 5305.  Any allowances or differentials are considered “additional pay” and are distinguished from the rate of basic pay, and may not be used in computing the HPR.

c.  When a candidate presents previous Form SF-50’s documenting the HPR to the post, the bureau will authorize HPR.  If the HPR falls between two steps of the grade, employees may be paid at the higher rate or step.  If the HPR exceeds the highest step of the grade of the position, the salary rate is set at the highest step even if that will result in a salary lower than the HPR.  The next higher position grade must not be used to match the HPR.

d. HPR may only be granted retroactively to the date of the appointment under the following conditions:  If the employee claims HPR but does not have supporting documentation at the time of the appointment, the post may enter the following remark on the Form SF-50:  “Salary subject to correction upon verification of service which establishes highest previous rate.”  If the rate is subsequently verified, the post will process a correction action to change the salary level effective as of the date of appointment.

e. If the HPR was earned in a Foreign Service or Civil Service position, it is increased by subsequent amendments to the pay schedules.  For example, the highest previous rate for a former FP-04, step one appointment, is computed on the current salary rate for a FP-04, step one, not the actual salary at the time of the previous appointment.

3 FAM 8216.3  Superior Qualifications Rate

(CT:PER-849;   06-21-2017)
(State/AID/USDA/Commerce/Peace Corps)
(Applies to Appointment Eligible Family Members Only)

Employees may be appointed above the minimum step of the grade of the position when their qualifications clearly exceed the minimum requirements of the position.  A superior qualification rate (SQR) may be granted only when the employee possesses a combination of work experience and education of such quality and duration that the post may reasonably expect enhanced performance beyond the minimum requirements.  The SQR must be approved prior to the employee’s entrance on duty.  SQR may only be used when funds are available and may not be approved retroactively.

3 FAM 8217  BENEFITS

3 FAM 8217.1  Allowances and Differentials

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)

a. Individuals employed under family member appointments shall not be entitled to receive in their own right as employees, any allowances, differentials, or other benefits (e.g., including but not limited to such allowances, differentials, and benefits as temporary lodging, living quarters, transfer, home service transfer, education, separate maintenance allowances, post allowance, post differential, advances of pay, home leave, rest and recreation, etc.) unless specifically authorized in 3 FAM 8210, Family Member Appointments, or unless required by law.

b. Individuals under a family member or a temporary (TEMP) appointment are eligible for danger pay in their own right as employees, if they otherwise meet the qualifying criteria for such allowance.

3 FAM 8217.2  Leave Without Pay (LWOP)

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)

Leave without pay (LWOP) may be granted at the supervisor’s discretion, but only to individuals employed under a family member appointment who are expected to return after the LWOP to the same position for which LWOP is being requested.  Any requests for LWOP in excess of 30 days must be approved by the management officer at post.

3 FAM 8218  Standards of Conduct

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)

All employees serving under a limited, noncareer appointment to the Foreign Service, including members of the Foreign Service Family Reserve Corps (to include FSFRC members in reserve status) or employees who are otherwise serving under FMAs or TEMP appointments, as well as individuals in LWOP status on a limited noncareer appointment to the Foreign Service, are subject to standards-of-conduct requirements applicable to Department of State employees as well as to all U.S. Government employees.  See 3 FAM 4100, Employee Responsibility and Conduct, and Title 5, Code of Federal Regulations, Part 2635 (5 CFR 2635).

3 FAM 8219  TERMINATION OF FAMILY MEMBER APPOINTMENT

(CT:PER-849;   06-21-2017)
(State Only)
(Applies to Appointment Eligible Family Members Only)

a. Family member appointments (FMA) may be terminated prior to the expiration date specified on the appointment personnel action.  Section 610 of the Foreign Service Act of 1980, as amended, governs the rights of employees whom the Director General proposes to separate for misconduct.   Pursuant to Section 612 of the Foreign Service Act, FMAs may be terminated for reasons other than misconduct (e.g., for unsatisfactory performance) and for reasons other than loss of eligibility for appointment under an FMA.

b. Termination of an individual’s family member appointment may occur at any time, due to circumstances including but not limited to one or more of the following:

(1)  Retirement or other separation of the sponsoring employee;

(2)  Other loss of status of the individual as an appointment eligible family member (e.g., divorce, statement of dissolution as defined in 3 FAM 1610, annulment of marriage, etc.);

(3)  Revocation, suspension, or reduction of security clearance, in accordance with E.O. 12968, 12 FAM 230, and the subsequent separation procedures in Section 610 of the Foreign Service Act (22 U.S.C. 4010);

(4)  Acceptance or commencement of service under a personal services contract (PSC) or personal service agreement (PSA), unless an exception has been granted by the appropriate agency’s procurement executive;

(5)  Acceptance or commencement of service under a nonpersonal services contract, third-party contract, or any other type of contractual arrangement with the U.S. Government (other than under a permissible PSC or PSA, as described in the preceding subparagraph), with termination of the family member appointment to be effective upon the occurrence of any such event;

(6)  Misconduct, in accordance with Section 610 of the Foreign Service Act; and/or

(7)  Such other cause as will promote the efficiency of the Foreign Service, in accordance with Section 610 or Section 612 of the Foreign Service Act, as appropriate (22 U.S.C. 4010, 22 U.S.C. 4011).

c.  The effective date of termination of an FMA is:

(1)  For separations pursuant to Section 610 of the Foreign Service Act (22 U.S.C. 4010), the date set by the Department following any decision by the Foreign Service Grievance Board that cause for separation has been established; and

(2)  For separations pursuant to Section 612 (22 U.S.C. 4011), the date set by the Director General, which for terminations based on loss of eligibility for appointment, is the last day of the pay period in which the date of the event warranting termination occurs, except as otherwise provided in 3 FAM 8219, subparagraph b(5).

d. An individual employed under an FMA must notify, in writing, either the human resources office or management section of the individual’s post of residence abroad or, in the case of individuals residing in the United States, the Department’s Office of Human Resources Shared Services (HR/SS), when any of the events under 3 FAM 8219, subparagraph b(5), occur.

UNCLASSIFIED (U)