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Department of Justice Seal

U.S. Department of Justice

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Washington, D.C. 20530

July 30, 2002

MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENTS

FROM:            Robert F. Diegelman
                         Acting Assistant Attorney General
                             for Administration

SUBJECT:      Assisting Employees Called to Active Military Duty

A copy of the attached memorandum, dated May 13, 2002, from the Director, Office of Personnel Management (OPM) restates OPM's previous suggestion in an earlier memorandum (dated June 7, 2000) for agencies to develop uniform policies in support of the Department of Defense's contingency operations by waiving the requirement that employees pay their share of the Federal Employee Health Benefit (FEHB) premiums when called to active duty for more than 30 days. OPM cannot compel or mandate agency compliance with this policy, but can request the cooperation of agencies pursuant to the authority in 5 U. S. C. 8906(e).

Since September 14, 2001, when the President signed Executive Order 13223, ordering the Ready Reserve of the Armed Forces to active duty for a period of not more than 24 months, increasing numbers of DOJ employees have been ordered to serve on active military duty for more than 30 days. Some components have not paid the employees' share of FEHB premiums because they are awaiting guidance from the Department. The Bureau of Prisons has inquired whether the Department intends to issue a policy authorizing components to pay the employee's share of FEHB premiums.

Effective immediately, a uniform policy is established to authorize DOJ components to pay the employee share of FEHB premiums, for those DOJ employees who are called to active military duty for more than 30 days. This policy is being made effective retroactive to the beginning of the first day of the first pay period beginning on or after September 9, 2001.

Any questions on this matter should be directed to Bob Seymour, of the Personnel Staff's Policy Group, on (202) 616-3706. Questions on systems processing should be directed to Melinda Morgan, Finance Staff, on (202) 501-6781.

Attachment

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