United States Mission · 2. The bonus covers service from the two pay periods prior to the first...

United States Mission

Indonesia

The Locally Employed Staff (LE Staff)

Uniform Human Resources System

Compensation Plan

September 2, 2018

UPDATED January 1, 2019

U.S. Embassy Human Resources Office

Jakarta, Indonesia

LCP 01/01/2019 Page 2 of 73 Country Name: Indonesia

Local Compensation Plan

Post Name: Indonesia Effective Date: September 2, 2018 Updated: January 1, 2019 (Salary Schedule – Grade 1)

List of Revisions: 1. 2018 Indonesia Compensation Authorization 18 State 72394; 07/17/2018 2. 2019 Holiday List 3. 2019 Indonesia LE Staff Minimum Wage

(Grade 1) Authorization 19 State 8056; 02/04/2019


Table of Contents

Section Page

1. Remarks 5

2. Holiday List 6

3. Allowances/Benefits 7 a. Transportation Allowances/Benefits b. Meal Allowances/Benefits c. Family Allowances/Benefits d. Housing and Utility Allowances/Benefits e. Unique Conditions of Work Allowances/Benefits f. Other Allowances/Benefits

4. Bonuses 8

5. Premium Pay Plan 9

6. Local Social Security System (LSSS) Participation 10 a. Host Government LSSS b. Other Country's LSSS

7. Salary Advance Plan 11

8. Leave Benefits and Policies 12 a. Local Leave Plan (LLP) 12 b. U.S. Style Leave Plan 20 c. Excused Absence for Preventative Health Screenings 21 d. Restoration of Annual Leave Policy 21 e. Voluntary Leave Transfer Program 21 f. U.S. Military Leave 21

9. Medical Benefits 22 a. Medical Benefits Provided by the Host Government 22 b. Medical Benefits Reimbursed/Paid by the Mission 22 c. Medical Benefits Reimbursed/Paid by a Vendor 22

10. Death and Disability Benefits 27 a. Death Benefit Plan 27 b. Funeral Benefit Plan 27

11. Severance Pay Plan 28

12. Separation Notice Plan 33

13. Separation for Age Plan 35


14. Reduction in Force (RIF) 36 a. RIF Plan 36 b. RIF Benefits Plan 41

15. Retirement and other End of Service Benefits 42 a. LSSS Retirement 42 b. U.S. Civil Service Retirement (CSR) 42 c. U.S. Social Security 42 d. LSSS Replacement Retirement Plans 42 e. Retirement Benefits Paid by the Mission 42 f. Retirement Benefits Paid by a Vendor 42

16. Workers' Compensation 47

17. Travel and TDY Benefits 48 a. Compensatory Time for Travel 48 b. LE Staff: Temporary Change to The Employee’s Workweek 48

Schedule While on TDY c. Personal Travel 51 d. Relocation Plan 51 e. TDY Health and Accident Insurance 51 f. Unique Conditions of Work Benefit (UCWB) for TDY 51

to a Designated U.S. Danger Pay Post g. Iraq TDY Benefits 51 h. Afghanistan TDY Benefits 55

18. Service Pay Plan 60

Salary Schedules 65

Signatures Page 71


SECTION 1

REMARKS

1. This Local Compensation Plan (LCP) for Indonesia applies to Locally Employed (LE) Staff in Jakarta, Surabaya, Medan and Bali who are employed by the USG and compensated in accordance with the LCP. All compensation will be paid through the Global Financial Services (GFS) payroll office in Bangkok, unless an exception to permit payment at post is authorized by HR/OE/CM and documented in this LCP or payment is made by a third party vendor such as an insurance company.

2. Participants: The participating USG agencies are: STATE, USAID, FAS, FCS, LOC, DAO, ODC, VOA, DOJ, CDC, PC, INL, FPD, and ICE.

3. Currency: Unless otherwise stated, all compensation is denominated in Rupiah and paid in Rupiah.

4. Basic workweek: The basic full time workweek is Monday through Friday and the weekend is Saturday and Sunday. The basic full time workweek schedule is 40 hours per week, or 80 hours per biweekly pay period; 48 hours for Chauffeurs and certain positions in the FSN 1 to FSN 4 grades necessitating a 48 hours/week duty.

5. Waiting Period for Within Grade Increases (WGIs): For all periodic step increases is 52 weeks of Good or Exceptional performance for each step above step 1.

6. Local Income Taxes: LE Staff are responsible for calculating and paying local income taxes. The U.S. Mission does not withhold or make local income tax payments.

7. In accordance with 08 State 0129981, effective 12/11/08, CSR deductions and contributions are calculated using basic pay. Basic pay is subject to the Executive Level IV pay cap in U.S.C. 5373 and 3 FAM 7332, as amended by 08 State 0129981. This supersedes any references to “basic rate”, “basic salary”, or “basic compensation” used in connection with CSR deductions, handbooks, and/or other policy statements”.

8. Conflicts Clause: In the event of any discrepancy between (a) this Local Compensation Plan and FAM/FAH regulations and (b) the LE Staff Handbook, this Local Compensation Plan and FAM/FAH regulations will prevail.


SECTION 2

HOLIDAY LIST

Tuesday, January 1 New Year’s Day (U.S. and Indonesian) Monday, January 21 Birthday of Martin Luther King Jr. (U.S.) Tuesday, February 5 Chinese New Year 2570 Kongzili (Indonesian) Monday, February 18 Washington’s Birthday (U.S.) Thursday, March 7 Balinese Hindu’s New Year (Indonesian) Wednesday, April 3 Ascension of Muhammad (Indonesian) Friday, April 19 Good Friday (Indonesian) Wednesday, May 1 International Labor Day (Indonesian) Monday, May 27 Memorial Day (U.S.) Thursday, May 30 Ascension of Christ (Indonesian) Wednesday-Thursday, June 5-6 Idul Fitri 1440 H (Indonesian) Thursday, July 4 Independence Day (U.S.) Monday, August 12 Idul Adha 1440 H (Indonesian) Monday, September 2 Labor Day (U.S.) Monday, October 14 Columbus Day (U.S.) Monday, November 11 Veterans Day (U.S.) Thursday, November 28 Thanksgiving Day (U.S.) Wednesday, December 25 Christmas Day (U.S. and Indonesian)

LIST OF AUTHORIZED HOLIDAYS

2019


SECTION 3

ALLOWANCES/BENEFITS

a. Transportation Allowance/Benefits

Effective September 8, 2008, all LE Staff will be reimbursed cost incurred for transportation related to overtime performed on non-workdays up to Rp. 40,000 per day.

b. Meal Allowance/Benefits

The Mission does not provide any meal benefits.

c. Family Allowance/Benefits

The Mission does not provide a family allowance, education benefits for employees' children, or any other family related benefits.

d. Housing and Utility Allowance/Benefits

The Mission does not provide any housing or utility benefits.

e. Unique Conditions of Work Allowance/Benefits (UCWA/UCWB)

The Mission does not provide any Unique Conditions of Work Benefits based on conditions in Indonesia.

f. Other Allowances/Benefits

The Mission does not provide any other allowances.


SECTION 4

ANNUAL BONUS PLAN Effective: July 11, 2013 Replace the Plan effective: 03/04/07 Authorized By: State 80284 dated 05/24/2013

1. An Annual bonus (Lebaran Bonus) is payable to employees each year two pay periods prior to the first day of the Lebaran holiday. The amount of the bonus is 2/12 of annual basic salary.

2. The bonus covers service from the two pay periods prior to the first day of the

Lebaran holiday of the previous year through the end of two pay periods prior to the first day of the Lebaran holiday of the year in which the bonus is paid. From the date of the prior year’s Lebaran holiday, employees who have been on the rolls for less than 26 pay periods will receive a prorated payment. An employee separated prior to the date the bonus is usually paid will receive a bonus payment at separation, prorated for the period of service between the previous bonus payment and the date of separation. The bonus is computed on the basis of the employee's basic salary rate in effect at the time the bonus is payable or on the date the employee is separated, as appropriate.

3. For an employee on a part time workweek schedule, the bonus is calculated using

the annual full time salary for the employee's grade and step, prorated (reduced) for the number of hours the employee is regularly scheduled to work.

4. For employees on a WAE (When Actually Employed) workweek schedule, the

bonus is prorated based on the number of hours the employee was in a pay status excluding overtime during the bonus year.

5. The bonus is not paid to employees working on a temporary basis. For LE Staff,

temporary employment is employment under a temporary direct hire appointment or under a PSA/PSC that is time limited to less than one year.

6. No payment will be made to an employee separated for cause.

7. No payment will be made for a partially completed pay period. 8. Periods of LWOP, AWOL, and any other leave that is not creditable service as defined

in post's Local Leave Plan will be deducted from the service credit used to calculate the bonus. The total bonus will be reduced each time the employee has accumulated a full workweek in LWOP and other leave that is not creditable service during the bonus year.

9. Bonus payments are not subject to CSR withholding.


SECTION 5

PREMIUM PAY PLAN

1. Premium compensation rates: Premium pay is computed on salary rate shown on first line of each grade.

A) Overtime pay Authorized for grades FSN-1 through FSN-8:

Regular work day One and half times regular hourly rate for the first hour; two times regular hourly rate for second and each additional hour computed on salary rate.

Non-scheduled work day (Rest days, Sundays and Local holidays) Two times hourly rate for first eight hours; three times hourly rate for ninth hour and four times hourly rate for tenth hour worked and beyond.

Authorized for grades FSN-9 through FSN-12:

Employees at these grades who are required to perform overtime work on a regular workday or a non-scheduled workday, will receive straight time per hour worked.

Authorized for all grades:

American holiday - if not also a local holiday, straight time per hour in addition to basic pay (3 FAM 7354)

Night pay differential - eleven percent per hour is authorized for regularly scheduled work between 6.00 pm and 6.00 am.

B) Compensatory time off (hour off per hour worked) may be granted for all authorized overtime work for which premium compensation is not paid. Compensatory time earned must be used within 26 pay periods after the end of the pay period in which it is accrued. If accrued compensatory time is not used by an employee within 26 pay periods it is forfeited. If the employee separates from the Mission or transfers to another agency within the Mission before expiration of the 26 pay period time limit, the employee must be paid for the compensatory time at the basic rate in effect when the payment is made. Post management must ensure that compensatory time is used within this time limit.

C) Effective November 15, 2008, employees (FSNs and locally hired Americans) are eligible to earn compensatory time for official travel that occurs on or after November 15, 2008 and that is not otherwise compensable hours of duty. This benefit will be provided in accordance with the plan in 06 STATE 075136.


SECTION 6

LOCAL SOCIAL SECURITY SYSTEM (LSSS) PARTICIPATION

a. Host Government LSSS

The Mission does not participate in the Jaminan Sosial Tenaga Kerja (JAMSOSTEK) as authorized by the Department. Authorization telegram not found at post.

b. Other Country's LSSS

Not applicable.


SECTION 7

SALARY ADVANCE PLAN

The Mission does not have a Salary Advance Plan.


SECTION 8

LEAVE BENEFITS AND POLICIES

A. LOCAL LEAVE PLAN (LLP)

I. AUTHORITY

Section 408 of the Foreign Service Act of 1980, as amended, provides that any Local Compensation Plan established under that section may include provisions for leaves of absence with pay for Foreign National Employees in accordance with prevailing law and employment practices in the locality of employment without regard to any limitations contained in section 6310 of title 5, United States Code.

II. POLICY A. It is the policy of the Foreign Affairs Agencies to adopt locally prevailing leave benefits for FSN employees in lieu of any benefits patterned after the provisions of the U.S. Annual and Sick Leave Act of 1951.

B. Each employee who enters on duty prior to January 8, 1995, will be given a one time irrevocable option to be enrolled under the Local Leave Plan upon its implementation or remain under the United States Government (USG) Style Leave Plan. All employees who enter on duty on or after January 8, 1995 will be covered under the Local Leave Plan.

III. CREDITABLE SERVICE (Amended August 1, 1998 & June 6, 1999)

The following criteria govern the determination of creditable USG service when determining local leave entitlements:

A. Creditable service includes verifiable, continuous USG service under a direct-hire appointment or personal services contract, that is, service without a break of more than three calendar days. B. Continuous service includes transfers, without a break of more than three calendar days, from a Direct-Hire appointment to a Personal Services Contract, and vice versa. C. Creditable service does not include indirect employment or so-called non-personal services with an in-house entity providing services exclusively to the Mission unless all the following criteria are met and documented:

(1) In the case of non-personal services with an in-house entity, the host government considers the entity to be an integral part of the Mission;

(2) Such service immediately precedes creditable Personal Services Agreement, Personal Services Contract or Direct Hire employment without a break in service of more than


three calendar days, and

(3) Such service is recognized by local law to be continuous service with the USG.

D. Creditable service does not include any Personal Services Contract time with Peace Corps, as required by section 10 (A) (5) of the Peace Corps Act section 4.1 of MS 735 and 3 FAM 926.F.

E. Creditable service does not include any Personal Services Contract time with the Foreign Agricultural Services which preceded USDA/FAS Direct Hire employment. This is required by Public Law 100-202, August 1, 1998.

F. Approved leave without pay does not constitute a break in continuous service. However, periods of leave without pay in excess of two weeks are deducted from creditable service.

G. Creditable service does not include any period during which an individual provided services to the U.S. Mission under a purchase order.

IV. WORKWEEKS The amounts of leave listed in this plan are applicable to employees with regularly scheduled 40-hour workweeks. Employees on other workweek schedules will accrue appropriately prorated amounts of leave. Maximum limits also will be appropriately prorated for employees on other than 40-hour workweek schedules.

V. LEAVE YEAR The leave year normally will begin on the first date of pay period one and end on the last day of pay period 26. During infrequent occasions when there are 27 pay periods in a leave year, the leave year will begin on the first day of pay period one and end on the last day of pay period 27. Leave that is accrued on a per pay period basis (annual and sick leave) will be accrued during pay period 27 at the rate it was accrued during pay period 26. No change will be made to the limits of other types of leave (maternity and special) that are granted on an occasional basis.

VI. SALARY PAYMENTS Salary paid by the U.S. Mission to an employee while on paid annual, sick, maternity, and special leave, as well as any lump-sum payments for unused annual leave, will be calculated on the basis of the employee's ABR plus any other allowances or payments that are regularly paid each pay period, to the extent provided below (this means Adjusted Basic Rate plus Transportation Allowance). Salary payment made while on approved leave will not include any premium pay or irregular payments such as a bonus.

VII. ANNUAL LEAVE

A. Annual Leave Accrual

Employees on a 40/48-hour workweek schedule will be entitled to annual leave as follows:


Completed years of Leave Earned Per Leave Year Creditable Service 40-hr workweek 48-hr workweek

Less than 5 years 120 144

5 years, but less than 10 136 163

10 years, but less than 20

160 192

20 years or more 168 202 B. Crediting of Annual Leave

Annual Leave will be credited to the employee's annual leave account on a prorated basis each pay period as follows:

Hours earned Hours earned each of Hours earned in pay period annually first 25 pay period number 26 40 hr 48 hr 40-hr ww 48-hr ww 40-hr ww 48-hr ww

120 144 4.50 5.50 7.50 6.50 136 163 5.00 6.25 11.00 6.75 160 192 6.00 7.25 10.00 10.75 168 202 6.25 7.50 11.75 14.50

C. Carryover of Annual Leave from one year to the next.

Each employee may accumulate, for carry over to the next leave year, a maximum of one year's annual leave entitlement. Any unused annual leave at the end of the leave year in excess of the maximum limit is forfeited. Example: An employee earns 136 hours of leave per leave year. The maximum amount that can be carried over is 136 hours.

D. Restoration of Annual Leave Previously approved and scheduled annual leave which is cancelled by the employee's supervisor due to work requirements at post, and which otherwise is subject to forfeiture, may be restored to the employee's account at the beginning of the next leave year for use during that leave year. Restored annual leave must be used within one year and may not be carried over from year to year. Restoration of cancelled annual leave must be approved in writing by the employee's supervisor and by the Administrative Officer, and reported to the timekeeper and Human Resources Office (STATE/USAID). E. Minimum charge for Annual Leave

Annual Leave will be accrued and charged in minimum increments of one quarter hour.


F. Annual Leave accrued under system patterned after U.S. Annual and Sick Leave Act

Annual Leave balances accrued under the leave system patterned after the U.S. Annual and Sick Leave Act, not to exceed 240/288 hours will remain to the employee's credit after the date of enrollment in the local leave system. This Annual Leave will be maintained in a separate balance and may be used by the employee to supplement annual leave accrued under the Local Leave Plan. This leave may be drawn down by the employee but may not be increased. At the time of separation from employment, the outstanding balance of this annual leave will be converted to a lump-sum payment, subject to the limitations in section VII G below.

G. Lump-sum payment for Unused Annual Leave

(1) Upon separation, an employee will receive a lump-sum payment for unused annual leave, computed on the basis of the employee's pay rate at the time of separation as specified in section VI.

(2) Payment will be for the total of:

(a) the number of unused Annual Leave hours accrued under the USG Style Leave Plan, NTE 240 hours (40-hour workweek) or 288 hours (48-hour workweek), PLUS

(b) the number of unused annual leave hours accrued under the Local Leave Plan

that were carried over from the previous leave year and not used during the current leave year, AND

(c) the number of unused annual leave hours earned during the current leave year. However, payment for the combined total of these three types of unused annual leave will be subject to a maximum limit of two times the employee's annual

leave accrual as set forth in section VII-A above. FOR EXAMPLE: The employee earns 17 workdays (136 hours) of annual leave per year. The maximum limit for a lump-sum payment for unused leave would be 272 hours. (3) In addition to payment for the above three types of unused annual leave, payment will be made for any unused annual leave that was restored to the employee's leave account at the beginning of the year in which the employee separates. Payment for unused restored annual leave is subject to a maximum limit of one year's entitlement.

H. Advancement of Annual Leave

An employee with a minimum of one year creditable service may be advanced Annual Leave up to the amount the employee will earn in the remainder of the leave year. Advancement of annual leave requires the written approval of the employee's American Supervisor and the Human Resources Officer.


Any indebtedness for annual leave at the time of separation must be repaid by the employee. If necessary, the amount owed will be deducted from the employee's final salary, severance pay, or any other final payment. I. Sufficient Continuous Leave for Vacation Purposes

Responsibilities of supervisors and employees: Appropriate action will be taken by supervisor to ensure that each employee is permitted to take a regular vacation each year. Because of the benefits resulting both to the employee and the service, all employees should be granted, consistent with work requirements of the office involved, sufficient continuous leave for vacation purposes to provide an adequate period of rest and recreation. Leave must be approved by the employee's American Supervisor in writing and reported to the timekeeper.

VIII. SICK LEAVE A. Policy

Sick Leave will be authorized when the employee is unable to work because of sickness or injury or when the employee needs medical examination or treatment that can be obtained only during the time when the employee normally would be working. Sick Leave may not be used by the employee in connection with the care of a family member or to obtain medical examination or treatment for a family member. Absences such as these are chargeable to annual leave or leave without pay.

Every absence due to sickness or injury must be reported immediately to the employee's American Supervisor and to the employee's timekeeper so that the appropriate charge of sick leave will be made. Absence of three or more consecutive work days must be supported by a physician's certificate, and a physician's certificate may be required for an absence of two consecutive work days or less if the employee's supervisor has reason to believe that the employee is using sick leave improperly. The employee must submit, in advance, a request to his or her American supervisor for permission to use sick leave for the purpose of medical, dental, or optical examination or treatment. Leave must be approved by the employee's American Supervisor in writing and reported to the timekeeper.

There are two categories of sick leave presented below, short term and long-term. Short-term sick leave is used for medical examinations and short duration illnesses while the long-term sick leave is available for illnesses that exceed available short-term sick leave balances.

B. Amount of Sick Leave

(1) Short-term sick leave - employees on a 40-hour/48-hour workweek schedule will earn 10 work days (80 hours/88 hours) of short-term sick leave each year. Salary payments while on short-term sick leave will be based on 100 percent of the employee's salary as defined in section VI.


(2) Long-term sick leave - If an extended absence is necessary due to a serious illness, injury, or hospitalization, additional long-term sick leave may be granted. Each request for long-term sick leave must be accompanied by a doctor's certificate. The patient's diagnosis must be documented and addressed to one of our Local Medical Doctors for review and clearance. It is then reported to the employee's American Supervisor and Management/Executive Officer but must have final approval of the Head of the employee's Agency. This document will be made part of the employee's personnel file. Employees will need to submit a certificate of continued illness every 4 months. The amount of long-term sick leave available per leave year and the amount of salary payments while on long-term sick leave are presented below.

Amount of long-term sick leave Percentage of salary paid available

per year First four months (694 hours) 100 percent Second four months (693 hours) 75 percent Third four months (693 hours) 50 percent Any subsequent sick leave 25 percent

Available per leave year is 2080 hours and requires the use of all available short-term sick leave before charging additional sick leave to long-term sick leave. After one year's absence on sick leave, the management of the employing agency may consider a disability retirement for medical reasons. C. Crediting of Sick Leave

(1) Short-term sick leave is credited on a prorated basis each pay period beginning with the employee's entrance on duty as follows:

Workweek Hours Earned each of first 25 pay periods

Hours Earned in pay period number 26

Hours Earned annually

40-hour 3.00 5.00 80 48-hour 3.50 8.50 96

(2) Long-term sick leave is not credited but is granted on an as needed basis subject to the conditions and limitations stated in section VIII B (2). D. Carry Over of Sick Leave from One Year to the Next

(1) Employees may accumulate and carry over a maximum of one year's entitlement to short- term sick leave. Any unused short-term sick leave at the end of the leave year in excess of 80/96 hours is forfeited.

(2) There is no carryover of unused entitlements to long-term sick leave.

E. Advancement of Sick Leave

An employee with a minimum of one year of creditable service may be advanced sick


leave up to the amount the employee will earn in the remainder of the leave year. Advancement of sick leave requires the written approval of the employee's American supervisor and the Human Resources Officer (STATE/USAID). Any indebtedness for sick leave at the time of separation must be repaid by the employee. If necessary, the amount owed will be deducted from the employee's final salary, severance pay, or any other final payment.

F. Minimum Charge for Sick Leave

Sick Leave will be charged in minimum increments of one hour.

G. Unused Sick Leave Accrued Under Local Leave Plan

No lump-sum payment will be made to the employee for any unused sick leave and it is not creditable for computing CSR or any other type of retirement benefits.

H. Unused Sick Leave Accrued Under Leave System Patterned After The U.S. Annual and Sick Leave Act

Unused sick leave accrued prior to enrollment under the Local Leave Plan may not be used to supplement the Local Leave Plan. The employee's balance is frozen in a separate balance. This frozen balance of sick leave may not be used or added to in the future. At the time of final separation, this frozen sick leave may be used in the computation of service credits for an immediate CSR annuity to the extent permitted by OPM regulations at the time of each employee's retirement; otherwise, the frozen sick leave is forfeited.

IX. MATERNITY LEAVE

A. Policy Maternity leave will be granted to all female FSN/PSC/PSA employees covered under this plan, provided they have completed one year of service. The granting of maternity leave is limited to the first 3 children only. If, for example, one child was born before the effective date of this provision, employee will only be granted maternity leave for the next two deliveries, excluded pregnancies which result in stillbirth. In lieu of sick leave, maternity leave may also be used to cover absences due to anomalies, which arise during pregnancies or miscarriage.

Upon submission of a properly documented request, a female employee will be entitled

to a period of 60 work days (480 hours) of paid maternity leave. While on paid maternity leave the employee will receive 100 percent of her salary as defined in section VI.

B. Maternity Leave Beyond 60 Workdays (480 Hours) Maternity leave beyond 60 workdays (480 hours), if medically necessary and recommended by the handling physician, may be granted with the approval of the employee's supervisor. However, the additional use of such leave, may be a combination of Sick Leave, Annual Leave and or LWOP.


C. Minimum Charge for Maternity Leave

Maternity leave will be charged in minimum increments of one hour.

X. SPECIAL LEAVE

A. Definition Special Leave is paid leave, without charge to annual leave, which may be granted with the approval of the employee's American Supervisor on certain specified occasions. (Amended effective April 22, 2001 by 01 STATE 57974).

B. Amount of Special Leave

Employees may be granted a maximum three work days (24 hours) of special leave in a leave year for the following three categories:

Category Maximum Hours

A 24.00 B 16.00 C 8.00

Category A includes marriage of employee. Category B includes marriage of child, death of immediate family member* and menstruation. Category C includes circumcision, baptism and paternity leave.

Employee only needs to state what category they are requesting for special leave (the reason does not have to be indicated on leave request application).

* Immediate family members include the employee's spouse, children, parents, and parents-in-law.

While on paid special leave, the employee will receive 100 percent of salary payment as defined in section VI.

C. Accrual and Carry Over of Special Leave

Special Leave is not accrued each leave year. Rather it is granted on an as needed basis subject to the limit stated above. If during the leave year an employee has used the annual maximum of special leave, any additional absences during the remainder of the leave year will be charged to annual leave or leave without pay.

D. Minimum Charge for Special Leave

Special leave will be charged in minimum increments of one hour.


E. Advancement of Special Leave

Advancement of Special Leave is not permitted.

F. Unused Special Leave

Upon separation, no lump-sum payment will be made for unused special leave.

NOTE: An employee’s supervisor may require appropriate proof to support a request for special leave.

XI. LEAVE WITHOUT PAY

Leave Without Pay (LWOP) for up to 20 consecutive days may be granted for justified reasons as considered appropriate by the employee's supervisor and the Human Resources Officer (STATE/USAID). Extended Leave Without Pay, in excess of 20 consecutive work days, may be granted for a specified reason as defined in 3 FAM 3510. Leave Without Pay granted to an employee in excess of 80 hours must be documented by a notification of personnel action. Upon the employee's return to duty status, a notification of personnel action must be processed to return the employee to pay status. Local or U.S. Holidays which occur within a period of Leave Without Pay will be charged as LWOP. However, if an employee is in pay status on the work day preceding the holiday or the work day following the holiday, the holiday will not be charged to Leave Without Pay.

XII. HOLIDAY

If a holiday falls within a period of approved paid leave, the employee will not be charged leave on the holiday.

XIII. RESPONSIBILITY FOR LEAVE RECORDS

The Time and Attendance (T&A) Clerk is responsible for the proper reporting of leave and making any required reports to FSC Bangkok and the Human Resources Office. The T&A Clerk will maintain a copy of the T&A Leave Report. The supervisor is responsible for the accuracy of the leave reported on the T&A submissions to FSC Bangkok which he/she approves.

The Human Resources Office will only maintain leave records on leave authorized in special cases such as long-term sick leave and maternity leave. As necessary, the Human Resources Office will provide instructions and forms to the T&A Clerks.

J. U.S. Style Leave Plan Employees who entered on duty prior to January 8, 1995 and chose not to be covered by the Local Leave Plan are covered under the U.S. Style Leave Plan.


K. Excused Absence for Preventative Health Screenings The Mission does not provide Excused Absence for preventative health screenings as described in 01 State 024004, 02/08/2001.

L. Restoration of Annual Leave Policy

See VII D above (03 State 121436).

M. Voluntary Leave Transfer Program Effective July 7, 1992, the Mission implemented the Voluntary Leave Transfer Program in accordance with 92 State 177667; 97 State 237373 and 96 State 237897.

N. U.S. Military Leave Effective 02/22/04, U.S. military leave as described in 3 FAM 3440 is authorized for Locally Employed Staff by 04 State 041536. Eligible LE Staff are those working under direct hire appointments, personal services agreements, and personal services contracts that are for one year or more.


SECTION 9

MEDICAL BENEFITS

a. Medical Benefits Provided by the Host Government

The Mission does not provide LE Staff with host government medical care (BPJS). Employees are personally responsible for their enrollment.

b. Medical Benefits Reimbursed/Paid by the U.S. Mission

The U.S. Mission does not directly reimburse medical expenses. c. Medical Benefits Reimbursed/Paid by a Vendor

Effective August 1, 2017, the Mission has a contract with PT. Asuransi Jasa Indonesia (JASINDO) to provide medical benefits to participating LE Staff. Premium costs will be shared between the USG and Employee. The USG will pay 90% of the premium cost and the employee will pay 10% of the premium cost for employee and dependent coverage.

Participation in the post health benefits plan is voluntary. In the event of a discrepancy between the terms of the contract and the plan benefits described in the LCP, the terms of the contract prevail.

I. AUTHORITY

Under the authority contained in 3 FAM 7340 and consistent with the prevailing employment practices in Indonesia, and as authorized by 17 STATE 65356, Medical Benefits are authorized to eligible:

A. Locally Employed Staff (LE Staff), in the following categories:

1. Direct Hire; 2. Personal Service Agreements (PSAs)/Personal Services Contracts

(PSCs) that are not time limited to less than one year; 3. Locally hired U.S. citizens employed under direct hire, PSAs, and PSCs

that are not limited to less than one year. B. All current active employees of the U.S. Government (USG), employed within the

geographic boundaries of Indonesia paid under the terms of the Local Compensation Plan certified by Contracting Officer.


C. All current active employees of Chief of Mission and the Deputy Chief of Mission assigned to their respective official Government residences and paid under Official Residence Expense (ORE) funds, and Recreation Association (RA) employees may be covered under a rider to the contract. The premiums for ORE employees are 100% covered by their employer(s).

D. Employees of the Peace Corps Personal Service Contract employed under Personal

Service Contracts. All costs for Peace Corps employees are the responsibility of the Peace Corps, not the U.S. Embassy.

II. APPLICABILITY

This Plan is applicable to full time and part time basis under non-temporary direct hire appointments or under personal services agreements/contracts that are not time limited to less than one year. This plan is valid in Indonesia and overseas.

III. ELIGIBILITY

Coverage Limitation:

a. Employee b. One legal spouse (in case of more than one spouse, only the first spouse may

participate) c. Up to three children, replaceable by other children in the family once others

become ineligible. Unmarried and economically dependent child who primarily resides with the employee unless away at school. Child is defined as the employee’s nature child, adopted child, stepchild, or foster child.

d. There is no age limit for an eligible child who is physically or mentally handicapped so as to be unable to live independently.

Age Limitation:

Children from 0 day up to 21 years (may be extended to 23 years if still attending a full time schooling, until the end of calendar year and proven by school certifications for current school year).

IV. INELIGIBILITY

Locally Employed Staff (LE Staff), in the following categories:

1. Temporary Direct Hire;


2. Temporary Personal Services Agreements (PSAs); 3. Temporary Personal Services Contracts (PSCs) that are time limited to

less than one year;

4. Intermittent Employees; 5. When Actually Employed (WAE) Schedule; 6. Non-personal Services Contract personnel and their employees,

supplied by an independents contractor licensed to do business in Indonesia who provides services to other local organizations as well as to the U.S. Mission;

7. Employees of USAID Institutional contractors; 8. Parents, grandparents, siblings, and other relatives are not eligible

dependents;

9. Retirees; 10. Any other individual not falling within one of the categories of

employees described above.

V. TYPE AND LEVEL OF BENEFITS

Annual Maximum Benefit/year Rp. 232,000,000

In-Patient and Surgical Care: Room and Board daily max Rp. 800,000

Out Patient Care

Including Family Planning, Pre-natal and Post-natal

Annual Maximum Rp. 25,000,000

Dental Care 80% coverage of expenses Maternity (per pregnancy)

Normal Birth max benefit Rp. 10,000,000

Caesarian Section max benefit Rp. 15,000,000 Miscarriage max benefits Rp. 7,500,000

HIV/AIDS

Annual maximum Rp. 70,000,00


Optical Benefit

100% reimbursement of eye examination and treatment and prescription eyeglasses. 80% for contact lenses. Limited to two lenses per patient every two years.

Bi-Annual maximum Rp. 4,000,000

Preventive Care

100% coverage of expenses for annual medical check-up 80% coverage of expenses for Immunization

Annual maximum Rp. 2,200,000

VI. INSURANCE PREMIUM COST (Bi-Weekly/person)

Type of Premium

Male Employee/Male Spouse Rp. 228,500 Female employee/spouse ≥ 45 years of age Rp. 269,300 Female employee/spouse < 45 years of age Rp. 310,800 Children max. 3 children Rp. 177,800

VII. PERIOD OF INELIGIBILITY

1. Employees and their dependents are not entitled to health benefits during any period of employment for which premiums are not paid. Premiums will be paid via payroll deductions.

2. Employee’s dependents are not entitled to health benefits during any period of employment during which the employee was not eligible to participate.

3. During an extended period (beyond one pay period) of Leave Without Pay (LWOP), or unpaid leave, the employee is responsible for the full cost of the insurance premiums for self and dependents. The Mission will pay the premiums directly to the Contractor, and will collect the full cost from the employee on a quarterly basis. Alternatively, the employee may elect to have coverage cease if that employee prefers not to pay the premium.


VIII. NETWORK PROVIDERS

PT. Jasa Asuransi Indonesia (JASINDO), the carrier of the Embassy’s LE Staff Health Benefit Program, has entered into agreement with more than five hundred hospitals, clinics and laboratory managed care network provider in Indonesia and properly backed up by AdMedika assistance which is third party administration for managed care product. These hospitals, or JASINDO network providers, will provide medical treatments to the eligible insured persons without direct payment (cashless service). JASINDO will issue individual insurance identification cards to the eligible insured persons for this purpose.

IX. DEATH BENEFITS (06 STATE 128667)

Employees: Rp. 4,000,000

Dependents: Rp. 2,000,000 X. EXCESS CLAIM

In the case that the employee/participant uses JASINDO’s providers, the providers will submit allowable claims directly to JASINDO and the employees are obliged to settle the difference prior to leaving the hospital. The USG will not guarantee payment nor be liable for any overages due from the participant.

In the event of a discrepancy between the terms of the contract and the plan benefits described in the LCP, the terms of the contract prevail.


SECTION 10

DEATH AND DISABILITY BENEFITS

a. Death Benefit Plan

The Mission does not have a directly paid Death Benefit Plan.

b. Funeral Benefit Plan

Under the authority contained in 3 FAM 7341 and consistent with prevailing employment practices in Indonesia and subsequently authorized by 94 STATE 34430, burial/death benefits were authorized as of May 1, 1994, to eligible foreign service national (FSN) employees of all U.S. Government agencies following the Mission’s joint local compensation plan, subject to the following rules:

This plan is applicable to full-time Direct Hire employees under non-temporary appointments, Personal Services Agreement and Personal Services Contract employees. Excluded from coverage are part-time employees, employees under “temporary” appointments, non-personal services contract and their employees supplied by an independent contractor licensed to do business in Indonesia who provides services to other local organizations as well as to the U.S. mission; employees of USAID institutional contractors; Peace Corps personal services contractors as required by section 10(a)(5) of the Peace Corps Act section 4.1 of MS 735 and 3 FAM 7349.1-2; and domestic servants at official residences. (Amended April 17, 2006 – 06 STATE 060535)

Legal heir(s) of deceased employees are eligible for two times severance pay, one times service pay and 15 percent of the total of severance and service pay.

Upon the death of an eligible employee, their spouse or dependent children the following payments are authorized:

Employee Rp. 1,513,000

Spouse Rp. 843,000 Children Rp. 843,000 **

** Payment will be made for unmarried dependent children up to age 22. Only the first 3 children will be eligible for such a payment. Once any of them has become ineligible, they cannot be replaced by other children. If both parents are employed by the U.S. mission, payment will be made on behalf of one parent only.

c. Eligible survivors of LE Staff who are killed in the line of duty may be authorized to receive death benefit payments in accordance with 3 FAM 3653 and 14 State 65194.


SECTION 11

SEVERANCE PAY PLAN Authorized December 15, 2004

Under the authority contained in 3 FAM 7340 and consistent with prevailing employment practices in Indonesia and subsequently authorized by 04 STATE 266921, severance pay was authorized as of December 15, 2004 to eligible foreign service national employees of all U.S. government agencies following the mission’s joint local compensation plan, subject to the following rules:

I. Applicability

This plan is applicable to full-time and part-time direct hire employees under non- temporary appointment, personal services agreement and personal services contract employees.**

**Excluded from coverage are employees under “temporary” appointments, non- personal services contract personnel and their employees supplied by an independent contractor licensed to do business in Indonesia who provides services to other local organization as well as to the U.S. mission; employees of USAID institutional contractors; Peace Corps personal services contractors as required by section 10 (a) (5) of the Peace Corps Act section 4.1 of MS 735 and 3 FAM 7349.1; and domestic servants at official residences (ORE). (Amended August 1, 1998)

Persons separated before the effective date of this plan, regardless of type of employment, are not entitled to severance pay for their prior service under the terms of this plan. Severance pay entitlements for these employees will be in accordance with the severance pay plan in effect at the time of their separation.

II. Amount of payment

Eligible employees are entitled to severance pay as follows:

Completed years of service: Amount of payment:

Less than 1 year 1 month’s salary

1 but less than 2 years 2 months’ salary 2 but less than 3 years 3 months’ salary 3 but less than 4 years 4 months’ salary 4 but less than 5 years 5 months’ salary 5 but less than 6 years 6 months’ salary


6 but less than 7 years 7 months’ salary 7 but less than 8 years 8 months’ salary 8 years or more (minimum) 9 months’ salary

plus 1 additional month’s salary for each additional (or partial) five years of service beyond eight.

Severance payment will be computed on the basis of the employee’s final salary including all fixed allowances.

Provision for severance payment under certain conditions. (02 STATE 252866)

Employees will be entitled to 2 times the amount of severance pay shown in item II above for the following reasons:

A. Employees separated under a mass reduction in force (RIF) action that has been approved by the Washington headquarters of the agency concerned and has been designated as a mass RIF action by the ambassador.

B. Termination by mutual agreement, except if separated for cause. This includes

abolishment of position.

C. Separation for age provided that the employee is not eligible for immediate

retirement benefits.

D. Termination by reason of death of the employee.

III. Eligibility requirements

A. All employees paid under the terms of the joint local compensation plan and whose employment with the USG is terminated are eligible for severance pay, except:

1. Those who are separated for cause. (Note: There are circumstances which may justify an employee’s discharge for cause under USG regulations which do not meet criteria of cause under the Indonesian labor code. The Human Resources Office in consultation with local legal counsel will review each discharge for cause. If local legal counsel advises that a separation would not be considered for “cause” by the local labor court, the severance pay will be provided if the employee is otherwise eligible.)

2. Those who are separated and eligible for an immediate CSR annuity or any other

retirement benefits. However, if otherwise eligible for severance at the time of separation, severance payment will be made for periods of employment


under personal services contract and non-personal contract services with an in- house entity before January 1983 which are not included in a CSR annuity calculation or any other retirement benefits calculation and for which severance payment has not previously been made.

3. Those who are separated and are eligible for a deferred CSR

annuity or any other deferred annuity except as follows:

Such employees may receive severance pay if eligible; however, the amount of severance pay may not exceed an amount corresponding to salary the employee would have received from the date of separation to date employees would be eligible for deferred annuity , or the amount of severance pay for periods of employment under personal services contract before January 1983 which are not included in CSR annuity calculation or any other annuity calculations and for which severance payments have not been made, whichever is greater.

4. Those who are separated from full-time appointment and re-employed, without a break in service, under part-time appointment, or vice versa.

5. Those who are separated from “temporary appointments”.

6. Those who voluntarily leave service unless they have reached age 50 with a

minimum of 15 years of service and do not participate in any retirement plan.

B. An employee terminated for poor performance shall receive severance pay,

service pay plus an additional 15 percent of the total of severance and service pay. C. An employee who voluntarily resigns is entitled to 15 percent of the total of severance

and service pay. D. An employee who is separated for age and eligible for an immediate CSR annuity or

other retirement benefit will be entitled to normal retirement benefits plus an additional 15 percent of the total of severance and service pay.

E. Legal heir(s) of deceased employees are eligible for a lump-sum payment in the

amount of two times severance pay, one times service pay and 15 percent of the total of severance and service pay.


IV. Creditable service

(Amended August 1, 1998 & June 6, 1999)

The following criteria govern the determination of creditable USG service for severance pay purposes provided that payment has not previously been received for this service.

A. Creditable service is documented continuous service with USG agencies under a

non-temporary direct-hire appointment or personal services contract for which severance pay has not been received. Continuous service is service without a break of more than three calendar days.

B. Creditable service includes employment under a temporary appointment that is

converted to a non-temporary appointment or to a personal services contract without a break in service of more than three calendar days.

C. Creditable service includes service performed under a personal services contract.

Eligible employees are not granted severance pay at the expiration of their contracts if:

(1) The contract is to be renewed, or

(2) The employee transfers to a direct hire/PSA/PSC position without a break in service of more than three calendar days.

D. Creditable service does not include any personal services contract time with Peace

Corps, as required by section 10 (a) (5) of the Peace Corps Act, section 4.1 of MS 735 and 3 FAM 7349.1-2.

E. Creditable service does not include indirect employment or so-called non-

personal services with an in-house entity providing services exclusively to the Mission unless all of the following criteria are met and documented:

(1) In the case of non-personal services with an in-house entity, the host government considers the entity to be an integral part of the mission;

(2) Such service immediately precedes creditable personal services agreement, personal services contract or direct hire employment without a break in service of more than three calendar days, and

(3) Such service is recognized by local law to be continuous service with the USG.


F. Periods of leave without pay in excess of two weeks are deducted from creditable service.

G. Part-time service will be prorated according to the number of regularly scheduled hours in the employee’s workweek.

H. Creditable service does not include any period during which any individual provided services to the U.S. mission under a purchase order.

V. Refunds of payment

Persons who have received severance pay from the USG and are re-employed by the USG shall not be permitted to refund any portion of the payment. Eligibility towards new severance pay entitlements shall begin as of the date of re-employment.

VI. Transfers

A. Between USG agencies within a country: Severance pay is not authorized to

employees who are transferred between civilian USG agencies within a country. Transfers are considered a change in employment from one USG agency to another without a break in service of three calendar days or more. Service credit towards severance pay entitlements which has been earned through employment with the losing agency is transferred to the gaining agency. Gaining agency will assume all obligations for severance pay for prior creditable periods of service with any USG agency, if the employee is entitled to severance pay on final separation. For transfer involving military service component, the interagency funding (if necessary) is to be resolved on a case-by-case basis.

B. Between or within USG agencies in different countries: the rules in paragraph VI-A apply. Under these circumstances, service credit towards severance pay entitlements earned under the terms of the losing post’s plan would be transferred to the gaining post. Any severance pay entitlements of such employees are based on the terms of the severance pay plan in effect at the gaining post.

VII. Appeals

If disputes arise involving severance pay entitlements or requirements, the employee has the right to appeal to the ambassador or designee. The decision of the ambassador or designee shall be final. Rules governing grievance appeals are on file at the mission Human Resources Office.


SECTION 12

SEPARATION NOTICE PLAN

Under the authority contained in 3 FAM 7341 and consistent with prevailing employment practices in Indonesia and subsequently authorized by 94 STATE 47097, separation notice in cases of involuntary separations and reduction-in-force was authorized as of May 1, 1994, to eligible Foreign Service National (FSN) employees of all U.S. Government agencies following the Mission’s joint local compensation plan, subject to the following rules:

I. Applicability

This plan is applicable to full-time Direct Hire employees under non-temporary appointments, Personal Services Agreement and Personal Services Contract employees.

Excluded from coverage are part-time employees, employees under “Temporary” appointments, non-personal services contract personnel and their employees supplied by an independent contractor licensed to do business in Indonesia who provides services to other local organizations as well as to the U.S. Mission, employees of USAID institutional contractors, Peace Corps Personal Services Contractors as required; domestic servants at official residences. (Amended August 1, 1998)

Persons separated prior to the effective date of this plan, regardless of type of employment, are not entitled to separation notice for their prior service under the terms of this plan. Separation notice entitlements for these employees will be in accordance with this plan, if any, in effect at the time of their separation.

II. Amount Of Notice

To the extent possible, eligible employees separated by the Mission will be given one month’s written notice of separation from the Mission. An employee who voluntarily resigns or retires is requested to give the Mission one month’s written notice as well.

III. Eligibility Requirements For Separation Notice From The Mission.

All employees paid under the terms of the joint local compensation plan and whose employment with the U.S. Government is terminated by the Mission are eligible for separation notice from the Mission, except:

A. Those who are separated for cause;


B. Those who died in service or voluntarily leave the service, including by voluntary retirement;

C. Those who are separated from temporary appointments; D. Those who are separated from full-time employment and are re-employed, without

a break in service, under part-time appointments, or vice versa; E. Those whose Personal Services Contract/Personal Service Agreement expired and the

contract is to be renewed or the employee transfers to a Direct Hire position without a break in service of more than three calendar days.

IV. Payment In Lieu Of Notice

If the Mission terminates employment before the end of the required period of notice due from the employer, Mission will reimburse the employee for the remainder of the period of notice.

Payment in lieu of notice will be computed on the basis of the employee’s salary at the time of separation. Irregular or occasional payments such as bonus and premium pay will not be included in the calculation.

V. Appeals

If the disputes arise involving notice entitlements or requirements, the employee has the right to appeal to the Ambassador or designee. The decision of the Ambassador or designee shall be final. Rules governing grievance appeals are at the Mission Human Resources Office.


SECTION 13

SEPARATION FOR AGE PLAN

The U.S. Mission does not separate LE Staff for age.


SECTION 14

REDUCTION IN FORCE (RIF) (Effective Date: April 1, 2004)

a. RIF Plan This plan applies to all organizations under the U.S. Mission to Indonesia.

A. GENERAL

There may be times when it is necessary for the U.S. Government (USG) to reduce its number of employees for such reasons as lack of funds, reduction in workloads, or a decrease in employment ceilings. When these conditions exist, or where the USG deems it appropriate, some employees may be affected under Reduction-in-Force (RIF) procedures to meet employment goals and limitations. The Mission has the discretion to amend this Reduction-in- Force (RIF) plan from time to time, and the plan as described does not confer any ongoing rights save for those reductions that have occurred subsequent to the amendment to the plan. The provision of this plan is applicable to Foreign Service National (FSN) and Personal Services Agreement/Contract (PSA/PSC) employees under the Local Compensation Plan, regardless of funding source, whose last efficiency report has an overall rating of “good” or better. This plan does not apply to FSN/PSA/PSC employees whose last efficiency report is overall less than “good”. Employees in this category are to be separated for failure to meet required performance standards prior to invoking Reduction-in-Force procedures in accordance with 3 FAM 7732.4.

B. DEFINITIONS

1. Mission 9. The U.S. Diplomatic Mission in Indonesia is comprised of the Embassy, USAID, FAS, FCS, LOC, DAO, ODC, VOA, DOJ, CDC, PC, INL, FPD, and ICE and any other agencies employing employees covered by the local compensation plan.

2. Designated Area For Competition

The designated area for competition may consist of an agency, one or more posts served by an Agency, or a section of an Agency in which employees work. A RIF may affect only one post in a country, all posts served by an Agency, or only one section in one post for that Agency.

3. Competitive Level

The competitive level is defined as all positions in a designated area and in the same grade that are sufficiently alike in qualification, requirements, duties, responsibilities, pay


schedule and working conditions, so that the incumbent of any one position could be assigned to any of the other positions without undue interruption of the program.

4. Retention Register

A Retention Register is a listing of all employees at a competitive level in the designated area arranged according to the number of retention points of each individual.

5. Retention Points

Retention points are the total number of the positive and negative points that may be assigned to each employee on the Retention Register according to the guidance given in

Section D.

6. Retention Standing

Retention standing is the precise rank of an employee on the Retention Register based on the total number of the Retention Points, positive and negative. A Retention Register is a listing of all employees at a competitive level in the designated area arranged according to the number of retention points of each individual.

C. COMPETITIVE AREA

When a RIF action is necessary, employees selected for separation shall be determined

using the following criteria:

1. Each Agency will select the positions to be eliminated.

2. Once the number of positions to be eliminated is known, the Management Officer or the Executive Officer of the concerned Agency in conjunction with the Human Resources Officer will prepare a Retention Register listing employees who encumber positions that entail duties designated for elimination. The Retention Register will be unique to each agency.

The Retention Register lists employees with the same title and grade in descending

order according to total retention points. An employee who is last on the Retention Register shall be the first one to be separated.

3. One Agency cannot compete with another Agency. Each Agency will have its own Retention Register and cannot include employees from another Agency.

4. One constituent post cannot compete with another constituent post. Each post will have its own Retention Register and cannot include employees from another post.


D. NOTICE OF REDUCTION-IN-FORCE

An employee to be separated under RIF procedures will be given notice in accordance with the applicable provisions of the Mission Separation Notice Plan.

1. Requirement

The Management or Executive Officer of each Agency will give a written notice to an employee selected for release from his/her competitive level. The employee will receive a notice of the Agency’s intention to RIF at least 30 calendar days before the date of his/her release. In counting the days of the notice period, the date that the notice is recorded as delivered is not counted.

2. Content Of Notice

The official notification will state specifically what action the Agency intends to take, the effective date of that action, the employee’s designated area and competitive level, and the service computation date. The notice will also describe the employee’s right to appeal the RIF action.

3. Status During Notice Period

When possible, the employee will remain in a duty status during the notice period. During this period, the employee should use any excess annual leave that cannot be paid in a lump-sum, and the Agency should cooperate in assisting the employee to use excess annual leave during this period. If such requests do not unduly interfere with Agency work requirements, the employee may request annual leave that is not excess leave during the notice period. Posts may consider paying salary (without charging leave) for the specified period of notice in lieu of notice, and separate the employee immediately.

E. RETENTION REGISTER

Priority on the Retention Register is defined as follows: 1. Positive Points

Positive points will be given in the following circumstances: a. 1 Point

One point is given for each full year of creditable service. This shall include time as a Direct Hire employee, Personal Agreement or Personal Services Contractor. Any time in excess of nine months left over from the number of full years shall be deemed to be a full year for point credit.


b. 3 Points

Three points will be given for each award within the last four years under the Incentive Awards Program (or the equivalent program for Personal Services Contractor), and/or for receipt of a Meritorious Step Increase within the last three years, three points will be awarded.

c. 3 Points

Three points are given for each annual Evaluation of Performance in the last five years with an overall rating of “Exceptional” (2 points if the evaluation report covers a period of approximately 6 months).

d. 2 Points

Two points are awarded for each annual Evaluation of Performance in the last five years with an overall rating of “Commendable” or Good (1 point if the evaluation report covers a period of approximately 6 months).

e. 1 Point

One point is earned for each official recognition of superior performance, such as Letter of Appreciation other than from the direct supervisor, issued in the last four years. Such official recognition must be included in the employee’s Official Personnel Folder (OPF) to be considered for point credit.

f. 2 Points

Two points are earned for each formal training course successfully completed within the last six years that is directly job-related. All courses must have been taken after the employee entered on duty. A memorandum signed by the employee’s supervisor, certifying that the course is job- related, must be included in the employee’s OPF to be considered for point credit.

2. Negative Points

Each of the following occurrences will result in the corresponding negative points, which will be deducted from the total positive points.

a. 20 Points

Twenty points will be deducted for each suspension from duty. If an issue listed under Subsection E.2 (A through F) is under review with the FSN Grievance Board, it will remain in full force and effect for purpose of the calculation of the Retention Register until


such time as it is reversed.

b. 10 Points

Ten points will be deducted for each Evaluation of Performance in the last five years with an overall rating of “Unsatisfactory” (-5 points if the evaluation report covers a period of approximately 6 months).

c. 10 Points

Ten points will be deducted for each 8 to 24-hour period or instance of Absence Without Leave (AWOL) documented on the Time and Attendance Report in the last five years (-3 points for less than an 8-hour period of AWOL).

d. 8 Points

Eight points will be deducted for each documented abuse of sick leave included in the employee’s OPF in the last four years.

e. 6 Points

Six points will be deducted for each reprimand, such as insubordination, drunkenness, etc., included in the employee’s OPF in the last four years.

3. Same Number Of Points

In a case where two or more employees have the same number of points on the same Retention Register, the lowest level American supervisor who is in the line of supervision over the two employees will determine their relative standing on the Register.

F. APPEALS

1. Right To Appeal

An employee has the right to appeal to his/her Agency RIF Review Board after receiving Notice of Intent to Separate under Reduction-in-Force if the employee believes the Agency has applied regulations incorrectly. The employee may not appeal the determination as to which position is to be abolished. An appeal must be made in writing and must be received no later than ten (10) calendar days after receipt of Separation Notice. The appeal should be sent to the Chair of the Agency’s RIF Review Board giving the specific reasons for the appeal. The employee may also request in writing the opportunity to appear before the Board to present the appeal.


2. The RIF Review Board

a. The RIF Review Board is comprised of the following members:

1. Chairperson: Post Management Counselor, or for associated Agency employees, Agency Head at post.

2. Member: Employee’s Section Chief (or designee).

3. Member: An American or LE Staff employee of the applicant’s choice.

4. Others: A representative of the Human Resources Office may be requested to attend to answer questions or to explain actions taken by the Human Resources Office. This person does not have a vote.

b. The decision of the RIF Board shall be final. There is no further appeal. G. Outplacement Assistance

Employees identified for separation under a Reduction-in-Force will be assisted to the maximum extent possible in locating other employment, if they request such assistance.

b. RIF Benefits Plan

The Mission does not have a RIF Benefits Plan.


SECTION 15

RETIREMENT AND OTHER END OF SERVICE BENEFITS

a. LSSS Retirement

Not applicable - LE Staff do not participate in the LSSS.

b. U.S. Civil Service Retirement (CSR) System Some employees who entered on duty prior to June 1, 1980 chose to continue participating in CSR. Contributions are calculated on basic pay. Details of the CSR program are available on the U.S. Office of Personnel Management's website (www.opm.gov) and in the Mission's HR Office.

c. U.S. Social Security LE Staff who are U.S. citizens or U.S. permanent resident aliens (green card holders) are required to participate in the U.S. social security system.

d. LSSS Replacement Retirement Plans

Not Applicable.

e. Retirement Benefits Paid by the Mission

The Mission does not have a directly paid retirement or end of service plan.

f. Retirement Benefits Paid by a Vendor A. Local Defined Benefit Retirement Plan Authorized June 1, 1980

The local Defined Benefit Retirement Plan was established effective June 1, 1980, with a local insurance company P.T. Asuransi Jiwa Manulife Indonesia. This plan is closed to employees who enter on duty on or after September 1, 2004.

I. Eligibility

This plan is eligible to all full time Direct Hire/PSC/PSA FSN employees who entered on duty on June 1, 1980 or later provided they met the following criteria:

1. Must have completed probationary period although effective date will be as of entry of duty;

2. Must be 45 years of age or less when entered on duty; 3. Must not participate in the Civil Service Retirement System.

http://www.opm.gov/


Those who converted to Direct Hire or PSC in 1987 or later from non-personal contract services with an in-house entity, the above criteria also apply.

II. Benefits of the plan

The plan is non-contributory to the employee and provides benefits on retirement, death, separation due to medical reasons and termination due to abolishment of positions, reduction in force or non-performance except for cause as defined in the Indonesian labor codes. The benefits increase throughout employment with the U.S. Government and benefits are based on the average salary for the last twelve months of the employment. This feature of the plan helps to protect employees against the effects of inflation. All benefits are paid in a lump-sum in Indonesian Rupiahs.

III. Formula of the plan

Final average plan salary is average monthly salary over the last 12 completed months received. In case salary adjustments occur in a particular month, the latest salary becomes the salary of the month regardless the effective date.

Participants in the local retirement plan who are terminated for age are entitled to retirement benefits plus 15 percent of the total of severance and service pay.

IV. Credited service

All years and months of continuous service as Direct Hire/PSC/PSA from date of hire or June 1, 1980, in all cases whether voluntarily or involuntarily separated. Any partial month equals to fifteen days and beyond will be calculated as one month, less than fifteen days will not be credited.

V. Retirement eligibility

A. Voluntary retirement

1. Early retirement date : A member’s 50th birthday, with a minimum of 15 years of creditable service.

2. Normal retirement date : A member’s 55th birthday, with a minimum of 15 years of creditable service.

1.44 x *final average plan salary x credited service


3. Mandatory retirement :

A member’s 60th birthday, with a minimum of 15 years of creditable service.

B. Involuntary retirement 1. Death in service:

Retirement benefit as per formula will be given to employee’s beneficiary (ies) as listed in form SF-1152, designation of beneficiary.

2. Total and permanent disability: If employee has been medically determined to become totally or permanently physically or mentally disabled to continue employment with the mission, he/she will be eligible to receive a lump-sum payment under the plan according to the existing formula.

3. Involuntary separation: A member separating involuntarily (but not for cause) before having satisfied the retirement eligibility set forth in paragraph V.A for reasons including Reduction- In-Force (RIF), abolishment of position, or non-performance may receive a lump- sum payment under the plan according to the existing formula.

B. Local Defined Contributions Retirement Plan

(Authorized August 1, 2004)

Effective September 1, 2004, the Mission has a contract with Manulife Financial to provide retirement and other end of service benefits to participating LE Staff. Participation is voluntary.

I. Eligibility

A. This plan is made available to all full-time Direct Hire/PSC/PSA FSN employees who are currently on board and enrolled in the Defined Benefit Retirement Plan (as administered by the local insurance company P.T. Asuransi Jiwa John Hancock Indonesia).

B. Transfer from the Defined Benefit Plan to the Defined Contribution Plan is offered on a voluntary, one time, and non-revocable basis to current employees. Employees who are hired on or after September 1, 2004 and employees who remain to complete one-year probationary period on or after September 1, 2004 will be automatically enrolled in the Local Defined Contributions Retirement Plan.

C. The employee must have completed the probationary period.

D. The employee must not be participant in the Civil Service Retirement System.


II. Benefits of the Plan

The plan is contributory and provides benefits upon separation for any reason. Benefits shall be paid in a lump-sum.

III. Defined Contribution Levels

A. The employee shall contribute a minimum of three (3) percent to a maximum of twelve (12) percent.

B. The employer (the employing agency) shall contribute nine (9) percent of an

employee’s basic salary for all employees who are currently on board and qualify for a one-time option.

C. The employer (the employing agency) shall contribute seven (7) percent of an employee’s basic salary for all employees hired on or after September 1, 2004. The employer’s contributions will begin as of employee’s enter on duty date.

D. Basic salary excludes any bonuses, allowances or premium pay.

IV. Credited Service

This plan is implemented on a prospective basis. Benefits formerly earned under the Defined Benefits Plan shall be transferred into the Defined Contributions Plan.

V. Vesting Period

This plan also pays the balance in the employee’s account upon either resignation or termination; there is no requirement to serve until retirement age, nor to fulfill fifteen years of service. There is however, a vesting period of three years. This means that employees who cease their employment after less than three years will, upon separation or termination, receive only their own contributions to the plan, while employees serving three years or more will receive both their own contributions and the embassy’s contributions. In the event of death, the employee will be 100% vested.

VI. Minimum Retirement Benefit (05 STATE 158561; 08/29/05)

If the amount of the retirement benefit which includes the local retirement plan, compensation for unused annual leave and compensation for housing, medical treatment and medication in the amount of 15 percent of the severance pay and service period recognition payment is less than the total of:

- 2 times severance payment

- 1 times the service payment


- Compensation received for unused annual leave

- Compensation received for housing, medical treatment and medication in the amount of 15 percent of the severance pay and service period recognition payment for those that meet the requirement, then the Mission shall pay the difference.

For the defined contribution plan only, in making the calculations, the amount reckoned with the severance pay shall be the employer contributions only.

VII. Lien On Benefit

The U.S. Government may deduct from any benefit to which an employee is entitled under the plan an amount:

A. In respect of any loss suffered by the U.S. Government due to a dishonest act of the member;

B. In respect of any indebtedness to the U.S. Government. Note: Employees eligible to draw from the local retirement plan will not be eligible to receive pay-out under the Mission’s severance pay plan, except for the period of services which is not creditable for retirement benefits calculation.

In the event of a discrepancy between the terms of the contract and the plan benefits described in the LCP, the terms of the contract prevail.


SECTION 16

WORKERS' COMPENSATION

a. The Mission provides workers' compensation benefits through the U.S. Workers' Compensation Program (FECA).


SECTION 17

TRAVEL AND TDY BENEFITS

a. Compensatory Time for Travel Effective November 15, 2008, employees are eligible to earn compensatory time for official travel that occurs on or after November 15, 2008 that is not otherwise compensable hours of duty. This benefit is provided in accordance with the plan in 06 State 075136, 05/10/2006.

b. LE Staff: Temporary Change to The Employee’s Workweek Schedule While on TDY Ref: 3 FAM 7412.2.b 1. Policy In accordance with 09 STATE 002242, post management at the home country post may temporary change the days in the workweek schedule of an LE Staff employee during TDY at another post/location where the workweek days are different than in the home country. However, this change may not be made if it will violate home country local law. While on TDY the employee continues to be paid in accordance with the home country Local Compensation Plan (LCP). Premium pay is subject to the terms and limits in the home country LCP's Premium Pay Plan. Example: The home country post has a Monday through Friday workweek. The employee goes on TDY to a post with a Sunday through Thursday workweek. The home country post may temporarily change the employee's basic workweek schedule to Sunday through Thursday during the TDY. The employee will receive regular pay for work during regular duty hours on Sunday through Thursday. For State LE Staff on TDY to Iraq, NEA/SCA/EX requires that the home country post change the employee's workweek to Sunday through Thursday during the duration of the LE Staff employee's TDY to Iraq. If this will violate local labor law, NEA/SCA/EX will consider the additional costs involved before deciding whether to approve the TDY. 2. Cost Savings Making this change usually results in a cost savings. Example: If the workweek schedule is changed from Monday through Friday to Sunday through Thursday, then work during basic workweek hours on Sunday is compensated with regular pay, not overtime. The employee is not paid when not working on Friday. On the other hand, if the workweek schedule is not changed, then


(a) work on Sunday at the TDY post is considered overtime and compensated accordingly and (b) the employee is entitled to paid Excused Absence (XA) on Fridays not worked when it is not the employee's fault he/she cannot work on Friday. 3. Weekend Overtime For purposes of overtime pay, the first day of the weekend at the TDY post is considered Rest Day A and the second day of the weekend is considered Rest Day B. The premium pay rates in the home country's LCP are used. Example: At the home country post, the employee has a Monday through Friday workweek. Weekend overtime is compensated at 150% for Rest Day A (Saturday) and 200% for Rest Day B (Sunday). At the TDY post, the employee has a temporary Sunday through Thursday workweek. Friday is Rest Day A and work on Friday is overtime compensated at 150% (Rest Day A rate). Saturday is Rest Day B and work on Saturday is compensated at 200% (Rest Day B rate). 4. Holidays Holidays are handled as follows when the employee's workweek is temporarily changed. a. U.S. holiday The employee will observe the U.S. holiday on the same day it is observed at the TDY post. Example: July 4th falls on a Friday. At the home post (Monday through Friday workweek) it is observed on Friday. At the TDY post (Sunday through Thursday workweek) it is observed on Thursday. The employee on TDY with a revised Sunday through Thursday workweek will observe the holiday on Thursday. Any work on Friday will be compensated with overtime (Rest Day A) pay, not holiday pay. b. TDY post local holiday that is not also a U.S. holiday and is not also a local holiday at the home post. Since the TDY post local holiday is not also a local holiday under the home country LCP, the employee receives regular pay (not holiday pay) if the employee is required to work on the local holiday. The employee receives paid XA if the employee is not required to work on the local holiday, e.g., if the Embassy is closed. Example: The TDY post (Sunday through Thursday workweek) observes National Constitution Day on Sunday. It is not a local holiday in the employee's home country. The TDY post Embassy is closed and the employee is not required to work. The employee receives paid XA. If the employee is required to work, then the employee receives regular pay.


c. Home country post local holiday that is not also a U.S. holiday and is not also a local holiday at the TDY post. (1) When the holiday occurs during the revised workweek If the employee is required to work on the holiday while at the TDY post, the employee is entitled to Local Holiday Pay in accordance with the terms of the employee's home country LCP. If the employee is not required to work on the holiday while at the TDY post, the employee receives regular pay (XA) because it is a home country local holiday. Example: Tuesday December 26 (Boxing Day) is a local holiday observed by the home country post but not the TDY post. If the employee is required to work at the TDY post (Sunday through Thursday workweek) on December 26, then the employee is entitled to Local Holiday pay in accordance with the home country LCP. If the employee is not required to work at the TDY post on December 26, then the employee is entitled to paid XA (regular pay) without charge to leave because it is a local holiday in the home country. (2) When the holiday occurs during the weekend If the employee is required to work on the holiday (which occurs on a weekend day at the TDY post), the employee is entitled to overtime pay (or compensatory time in lieu of overtime pay) in accordance with the terms of the home country LCP because the holiday falls on a day outside the basic workweek schedule. If the employee is not required to work on the holiday, then the employee receives no pay. As an exception, if local law requires the employee be given an "observed" holiday during the workweek when a local holiday occurs during the weekend, then the guidance in paragraph 5.c.(1) applies. Example 1: Friday is National Freedom Day at the home country post. The employee has a Sunday through Thursday workweek while on TDY and is not required to work on Friday. The employee is not paid for Friday. Example 2: Friday is National Freedom Day at the home country post. The employee has a Sunday through Thursday workweek while on TDY and is required to work on Friday. The employee is paid overtime rates (not holiday pay) for work on Friday. Example 3: Friday is National Freedom Day at the home country post and, as required by home country local law, a full time employee not regularly scheduled to work on Friday will observe the holiday on the closest work day. While on TDY with a Sunday through Thursday workweek, the employee will observe National Freedom Day on Thursday. Work on Thursday is compensated with local holiday pay. Any work on Friday is compensated with overtime pay. If the employee is not required to work on Thursday, the employee receives paid XA. If the employee is not required to work on


Friday, no payment is made. d. Home country local holiday is also a TDY post local holiday but not a U.S. holiday. If the employee is required to work on the holiday while at the TDY post, the employee is entitled to Local Holiday Pay in accordance with the terms of the employee's home country LCP. If the employee is not required to work on the holiday while at the TDY post, the employee receives regular pay (XA) because it is a home country local holiday. Example: Coincidentally, Monday, October 1, is a local holiday at both the TDY post and the home country post. If the employee is required to work on the holiday, the employee is entitled to Local Holiday Pay in accordance with the terms of the employee's home country LCP. If the employee is not required to work on the holiday while at the TDY post, the employee receives regular pay (XA).

c. Personal Travel

The Mission does not provide any USG paid benefits for personal travel. d. Relocation Plan

The Mission does not have a Relocation Plan. e. TDY Health and Accident Insurance

Effective 11/26/2003, USG funded short-term health and accident insurance is provided, when appropriate, for employees who are traveling outside their country of employment on official USG orders for the purpose of training or other official duties, in accordance with the terms set forth in 03 State 328740, 11/26/2003. f. Unique Conditions of Work Benefit (UCWB) for TDY to a Designated U.S. Danger Pay Post

The Mission has not implemented the Unique Conditions of Work Benefit for TDY to a Designated U.S. Danger Pay Post as described in 01 State 036094, 02/28/2001. g. Iraq TDY Benefits

In accordance with 05 State 093137, an employee who is on TDY in Iraq will receive an Iraq TDY Allowance equal to 50 percent of basic salary, effective August 17, 2008.

This allowance will be paid for each hour of regular duty, approved paid leave, compensatory time used, paid holiday, and paid excused absence when basic salary is regularly paid by the USG. The allowance is paid only for hours when the employee is physically present in Iraq.


The TDY allowance is not considered part of basic salary for the purpose of calculating premium pay, other allowances, bonuses, or any other separate payments.

For LE Staff who are U.S. citizens or U.S. Permanent Resident Aliens (green card holders), the Iraq TDY Allowance is subject to U.S. Federal/State/local income tax and FICA withholding.

Costs for a State TDY employee’s travel, per diem, salaries, and benefits will be paid by the U.S. Mission in Iraq.

The Iraq TDY Allowance does not apply to USAID FSN personal services contractors who are paid in accordance with USAID’s AAPD 03-11 in lieu of being paid under the Local Compensation Plan.

LE STAFF: Iraq TDY Benefits Package (IBP)

(1) SALARY/PREMIUM PAY/TDY ALLOWANCE:

(Amended Nov 1, 2015, 15 State 128266).

A. While on TDY in Iraq, LE Staff will continue to be paid salary and premium pay for

all overtime worked in Iraq, and are entitled to all LE Staff TDY IBP benefits from the date of arrival in Iraq regardless of the length of assignment (except some benefits where different minimum is especially noted below). Payments will be calculated in accordance with their home country LCP. The TDY Allowance ceases when the employee is outside of Iraq.

B. U.S. Dollars: Per diem for attending the mandatory anti-terrorism training Washington, D.C. en route to Iraq, per diem for the mandatory stopover in Amman, and the daily Iraq expense allowance (USD 2 per day) will be provided in U.S. Dollars, in accordance with the terms set forth in 07 State 084870.

C. Public Interest Determination (PID): LE Staff who are not otherwise eligible for overtime pay based on their home post’s Local Compensation Plan (LCP) are entitled to payment of overtime performed while on TDY to Iraq. The rate of overtime pay should be consistent with the home post’s Local Compensation Plan, local labor law, and/or prevailing practice, in accordance with the terms set forth in 08 State 021234.

(2) LANGUAGE INCENTIVE PAY:

LE Staff on TDY to Iraq for more than 30 calendar days, who fill an Arabic language-designated position (LDP) and possess FSI tested Arabic language skills at the levels stated below are eligible to receive Language Incentive pay for the following FSI tested levels:


10% of basic salary for an S-3/R-3; 15% of basic salary for an S-4/R-4 or higher

The language incentive pay will be paid in accordance with their home country Local Compensation Plan. The language incentive pay ceases when the employee is outside of Iraq.

(3) VISITATION AND RECUPERATION BREAKS (VRB):

A. LE Staff on TDY in Iraq for six months or more, but less than one year, are eligible for one Visitation and Recuperation Break (VRB) trip back to the employee's home country after three (3) months service in Iraq. B. LE Staff on TDY for one year to Iraq are eligible for three VRB trips back to their home country. The three VRB leave periods for a 1-year TDY should not exceed a total of 45 work days each year – up to 15 works days away from the Iraqi post for each VRB; travel may be authorized to an alternate location on a cost-construct basis. C. Employees will be given up to two days for travel time (but not to exceed the actual time needed to get from Iraq to their home country) which is not counted against excused absence (see next paragraph) or against annual leave. If it takes longer than two days to return to the employee's home country, that additional time will be counted against excused absence or annual leave. Otherwise excused absence and/or annual leave begins the next work day after the employee's return to his/her home country.

(4) LEAVE:

A. Excused Absence (consistent with 3 FAM 7450): LE Staff on TDY to Iraq for 6 months

or more are authorized time off with pay to be used during VRB up to five (5) work days of paid administrative leave for each VRB trip, not to exceed a total of 15 work days per year for this purpose. B. Restoration of Annual Leave: The Department has designated employees serving in Iraq as performing "national emergency" work. Per the public interest determination (PID) approved by the Under Secretary for Management, LE Staff will not suffer the loss of annual leave accumulated during the year in which they serve at least six months TDY in Iraq. If the home country LCP contains a "use or lose" clause, the LCP is amended to reflect this exception as approved in the PID. LE Staff must formally apply for leave restoration through their home post timekeeper. C. Transition Leave: LE Staff who complete a 12-month TDY assignment in Iraq are eligible for 10 work days of transition leave upon return to their home country.


(5) EMERGENCY VISITATION TRAVEL: Employees on TDY to Iraq for one year or longer are eligible to travel at U.S. Government expense to their home country, in certain situations of family emergency. For the purposes of this authorization, the employee's or the employee's spouse's immediate family is defined as a child, parent, or sibling.

A. Eligibility: Emergency travel is only authorized under the following circumstances and must be approved by the employee's American supervisor:

1. Medical - the employee is seriously ill (requires approval of Regional Medical Officer) or an immediate family member is seriously ill or injured and faces imminent death.

2. Death - an immediate family member has died.

3. Unusual Personal Hardship - emergency travel in situations involving unusual personal hardship may be approved in exceptional circumstances on a case by case basis by the supervisor and the HRO. Requests for approval of travel at U.S. Government expense in this category must detail the exceptional circumstances under which such a request is made and must include a statement by the employee certifying the nature of the circumstances and any available documentation relating to the circumstances of the request.

B. Leave: Eligible employees must take annual or sick leave, in accordance with U.S. Department of State and their Local Compensation Plan leave regulations.

(6) REEMPLOYMENT RIGHTS: LE Staff who complete a TDY assignment in Iraq are guaranteed reemployment rights back to their original job at their regular post of assignment, upon completion of the TDY. The LE Staff must notify the home post of their expected return at least 30 days in advance of their departure from Iraq, and must return to duty within 15 working days of departure, or on a date mutually agreed upon by the post and the employee.

(7) OTHER BENEFITS:

A. Medical: Basic medical care for TDYers in Iraq is provided under a special agreement with the Department of Defense and The Embassy Health Unit in Baghdad. Pre-paid short-term medical insurance will be provided to supplement LE Staff host country medical coverage for medical care provided by doctors and/or hospitals outside the Embassy’s health unit. Pre-paid Medical Evacuation (Medevac) insurance will be provided to cover medical emergencies requiring transportation outside Iraq for appropriate medical care.


B. Life Insurance/All Risk: An all-inclusive, all-risk, life insurance policy in effect for the duration of the TDY and separate from that provided under the employee’s Local Compensation Plan in their home country. C. Post Housing: All Mission staff are housed in trailer units on the heavily guarded and fortified Embassy compound. The post will make every effort to assign TDY LE Staff to a single occupancy room with a shared bathroom in a trailer.

D. UAB Shipment: Unaccompanied Air Baggage (UAB) consisting of 100 pounds gross weight is approved for LE Staff serving of 6 months but less than 12 months; and 300 pounds for a TDY assignment of 12 months or longer. E. Access to DFAC/Commissary/PX: All meals are provided at the DFAC. In addition, LE Staff are permitted access to the PX and (in the future) commissary facilities to purchase necessary personal items for use during a TDY assignment to Baghdad.

(8) EMPLOYEE PERFORMANCE REPORTS (EPR): The home post as well as the appropriate Iraq HR Office ensures a formal performance report is completed on all LE Staff serving a TDY of 4 months (120 days) or longer. A Memorandum of Performance should be completed for TDYs of less than 4 months (120 days).

(9) EXCEPTIONAL SERVICE FOR SPECIAL IMMIGRANT VISA AND FOR TERMINATING RIF ELIGIBILITY:

In accordance with 9 FAM, all LE Staff TDY time served in Iraq will be counted as “exceptional service” towards eligibility for an SIV. It will also count as “Exceptional Service” towards computation of service time in the case of a possible RIF (Reduction in Force) in the employee’s home country. h. Afghanistan TDY Benefits

In accordance with 10 State 6085, an employee who is on a TDY assignment of six months or more (except where a different minimum is specifically noted below) in Afghanistan will be eligible for the following benefits outlined below effective June 10, 2018.

LE STAFF: Afghanistan TDY Benefits Package (ABP)

(1) SALARY/PREMIUM PAY/TDY ALLOWANCE:

While on TDY in Afghanistan, LE Staff will continue to be paid salary and premium pay for all overtime worked in Afghanistan. They will also receive a TDY Allowance equal to 50 percent of basic salary. Payments will be calculated in accordance with their home country LCP. The TDY Allowance ceases when the employee is outside of Afghanistan.


(2) LANGUAGE INCENTIVE PAY:

LE Staff on TDY to Afghanistan for more than 30 days, who fill a Farsi/Dari or Pashto language-designated position (LDP) and possess FSI tested language skills at the levels stated below are eligible to receive Language Incentive pay for the following FSI tested levels:

10% of basic salary for an S-3/R-3; 15% of basic salary for an S-4/R-4 or higher

The language incentive pay will be paid in accordance with the home country LCP. The language incentive pay ceases when the employee is outside of Afghanistan. (3) VISITATION AND RECUPERATION BREAKS (VRB):

A. LE Staff on TDY in Afghanistan for six months or more, but less than one year, are eligible for one Visitation and Recuperation Break (VRB) trip back to the employee's home country after three (3) months service in Afghanistan. B. LE Staff on TDY for one year to Afghanistan are eligible for three VRB trips back to their home country. The three VRB leave periods for a 1-year TDY should not exceed a total of 63 calendar days -- a maximum of 21 calendar days away from the Afghan post (including travel time) for each VRB.

C. Employees will be given up to two days for travel time but not to exceed the actual time needed to get from Afghanistan to the home country. This travel time is not counted against excused absence (see next paragraph) or against annual leave. If it takes longer than two days to return to the employee's home country, that additional transit time will be counted against excused absence or annual leave. Otherwise, counting VRB leave, as either excused absence or annual leave, begins the next work day after the employee returns to his/her home country. (4) LEAVE:

A. Excused Absence (consistent with 3 FAM 7450): LE Staff on TDY to Afghanistan for 6 months or more are authorized time off with pay to be used during VRB:

1. For 6 months or more but less than one year - up to five days may be used for the one VRB trip.

2. For one year TDY - up to five days may be used per VRB trip (3) not to exceed a total of 15 work days per year for this purpose.

B. Restoration of Annual Leave: The Department has designated employees serving in Afghanistan as performing "national emergency" work. Per the public interest


determination (PID) approved by the Under Secretary for Management, LE Staff will not suffer the loss of annual leave accumulated during the year in which they serve at least six months TDY in Afghanistan. If the home country LCP contains a "use or lose" clause, the LCP is amended to reflect this exception as approved in the PID. LE Staff must formally apply for leave restoration through their home post timekeeper.

C. Transition Leave: LE Staff who complete a 12-month TDY assignment in Afghanistan are eligible for 10 (ten) work days of transition leave upon return to the home country. (5) EMERGENCY VISITATION TRAVEL:

Employees on TDY to Afghanistan for one year are eligible to travel at U.S. Government expense to their home country, in certain situations of family emergency. For the purposes of this authorization, the employee's or the employee's spouse's immediate family is defined as a child, parent, or sibling.

A. Eligibility: Emergency travel is only authorized under the following circumstances and must be approved by the employee's American supervisor: 1. Medical - an immediate family member is seriously ill or injured and faces imminent death. 2. Death - an immediate family member has died. 3. Unusual Personal Hardship - emergency travel in situations involving unusual personal hardship may be approved in exceptional circumstances on a case by-case basis by the American supervisor and the HRO. Requests for approval of travel at U.S. Government expense in this category must detail the exceptional circumstances under which such a request is made and must include a statement by the employee certifying the nature of the circumstances and any available documentation relating to the circumstances of the request.

B. Leave: Eligible employees must take annual or sick leave, in accordance with U.S. Department of State and their LCP leave regulations.

(6) PAYMENT OF OVERTIME TO LE STAFF WHO ARE ON TDY IN AFGHANISTAN AND NOT OTHERWISE ELIGIBLE FOR OVERTIME PAY:

Le Staff who are not otherwise eligible for overtime pay based on their home post’s LCP are entitled to payment of overtime performed while on TDY to Afghanistan. The rate of overtime pay should be consistent with the home post’s local compensation plan, local labor law and/or prevailing practice.


(7) CONTINUATION OF HOME POST’S UNIQUE CONDITIONS OF WORK ALLOWANCE (UCWA) FOR LE STAFF AWAY FROM POST SERVICE TDY IN AFGHANISTAN:

The Mission has not implemented the Unique Conditions of Work Benefit for TDY to a Designated U.S. Danger Pay Post as described in 01 State 036094, 02/28/2001.

(8) ENTITLEMENT TO ALL LE STAFF TDY AFGHANISTAN BENEFITS FROM DATE OF ARRIVAL IN COUNTRY:

LE Staff on TDY to Afghanistan are entitled to all LE Staff TDY ABP benefits from the date of arrival in Afghanistan.

(9) OTHER BENEFITS:

A. Medical: Basic medical care for TDYers in Afghanistan in accordance with 03 State 328740.

B. UAB Shipment: Unaccompanied Air Baggage (UAB) consisting of 250 pounds gross weight is approved for LE Staff serving a one-year TDY in Afghanistan. No UAB is authorized for TDYers of less than one year.

(10) EMPLOYEE PERFORMANCE REPORTS (EPR): (Amended Feb 18, 2015, 15 STATE 16616)

The HRO officer at the hosting post of the TDY assignment will ensure that the LE Staff member receives an interim evaluation for TDY periods of 120 days or more, and a Memorandum of Performance or interim evaluation for period under 120 days.

(11) EXCEPTIONAL SERVICE FOR SPECIAL IMMIGRANT VISA AND FOR TERMINATING RIF ELIGIBILITY:

In accordance with 9 FAM, all TDY time served by LE Staff members in Afghanistan will be counted as “exceptional service” towards eligibility for an SIV. It should also count as “Exceptional Service” towards computation of service time in the case of a possible RIF (Reduction in Force) in the employee’s home country.

(12) REEMPLOYMENT RIGHTS: LE Staff who complete a TDY assignment in Afghanistan are guaranteed reemployment rights back to their original job at their regular post of assignment, upon completion of the TDY. The LE Staff must notify the home post of their expected return at least 30 days in advance of their departure from Afghanistan, and must return to duty within 15 working days of departure, or on a date mutually agreed upon by the post and the


employee.

(13) END OF AFGHANISTAN TDY BENEFITS PACKAGE (ABP):

The TDY Afghanistan Benefits Package does not apply to USAID FSN personnel services contractors who are paid in accordance with USAID’s AAPD 03-11 in lieu of being paid under the Local Compensation Plan.


SECTION 18

SERVICE PAY PLAN

Authorized December 25, 1983

Under the authority contained in 3 FAM 7340 and consistent with prevailing employment practices in Indonesia, service payment was authorized to eligible Foreign National and Personal Services Contract and Personal Services Agreement employees of all U.S. Government (USG) agencies following the Mission’s joint Local Compensation Plan upon their final separation from USG service subject to the following rules:

I. Applicability (Amended August 1, 1998)

This plan is applicable to Direct Hire employees under “Indefinite”, “Limited”, “Limited Indefinite”, “Conditional”, And “Permanent Appointments”, Personal Services Agreement” , and “Personal Services Contract” employees.

Excluded from coverage are employees under “Temporary” Appointments, non- personal service contract personnel and their employees, supplied by independent contractors licensed to do business in the host country who provide service to other local organizations as well as the U.S. Mission, employees of USAID institutional contractors and domestic servants at official residences. (See creditable service for possible crediting of direct hire “temporary” employment toward service pay). Persons separated prior to the effective date of this plan, regardless of type of employment are not entitled to service pay for this prior service under this service pay plan but are, if otherwise eligible, entitled to service pay under the plan in effect at the time of separation.

II. Amount of Payment (Amended June 18, 2000)

A. Eligible employees are entitled to the following amounts of service pay as determined by each employee’s length of creditable service at the time of separation:

Length of Services: Amount of payment:

3 to less than 6 years 2 months

6 to less than 9 years 3 months 9 to less than12 years 4 months 12 to less than 15 years 5 months 15 to less than 18 years 6 months 18 to less than 21 years 7 months


21 to less than 24 years 8 months 24 or more 10 months

B. Service payments are computed on the basis of the employee’s regular salary rate

as shown on the Mission’s Local Compensation Plan. Excluded from consideration in the computation are premium pay and any separately paid benefit, such as a bonus.

III. Eligibility requirement

A. All employees paid under the terms of the joint Local Compensation Plan and whose employment with the USG is terminated are eligible for service payments, except:

1. Those who are separated for cause. (Note: There are circumstances which may justify an employee’s discharge for cause under USG regulations which do not meet criteria of cause under the Indonesian labor code. The Human Resources Office in consultation with local legal counsel will review each discharge for cause. If local legal counsel advises that a separation would not be considered for “cause” by the local labor law, the service pay will be provided if the employee is otherwise eligible).

2. Those who are separated and are eligible for an immediate Civil Service Retirement

(CSR) annuity or any other retirement benefit. **

3. Those who are separated and are eligible for a deferred CSR annuity.**

4. Those who are separated from “Temporary” appointments;

B. An employee terminated for poor performance shall receive severance

pay, service pay plus 15 percent of the total of severance and service pay as payment for housing and medical compensation.

C. An employee who voluntarily resigns is entitled to 15 percent of the total of service

and severance pay.

D. An employee who is separated for age and eligible for an immediate CSR annuity or

other retirement benefit will be entitled to normal retirement benefits plus an additional 15 percent of the total of severance and service pay.


E. Legal heir(s) of deceased employees are eligible for a lump-sum payment in the amount of two times severance pay, one times service pay and 15 percent of the total of severance and service pay.

** Employees eligible for CSR annuity may receive payment:

1. If otherwise eligible for service pay at the time of separation, for periods of employment under Personal Services and/or USEA contract before January 1983 not included in CSR annuity calculations and for which service payment has not previously been made.

2. If otherwise eligible for service pay at the time of separation for entitlements earned under previous plans and frozen as of April 22, 1989.

3. In the case of a deferred annuity, limited to an amount corresponding to salary the employee would receive from date of separation to date of deferred annuity eligibility, based on salary rates in effect at the time of separation.

IV. Creditable Service

(Amended June 6, 1999)

The following criteria govern the determination of creditable U.S. Government service provided that payment has not previously been received for this service.

A. All documented total service with U.S. Government (USG) agencies, that is, service since entry on duty plus any previous USG service for which service payment has never been received.

B. Employment under a “Temporary” appointment that is converted to an “Indefinite”,

“Limited-Indefinite”, “Conditional” or “Permanent” appointment without a break in service of more than three calendar days.

C. Service performed under a Personal Services Contract and/or USEA, eligible

employees are not granted service pay at the expiration of their contract if (1) the contract is to be renewed, or (2) the employee transfers to a Direct Hire/PSA appointment without a break in service of more than three calendar days.

D. Creditable service does not include indirect employment or so-called non-personal

services with an in-house entity providing services exclusively to the Mission unless


all of the following criteria are met and documented: (1) in the case of non-personal services with an in-house entity, the host government considers the entity to be an integral part of the mission; (2) such service immediately precedes creditable Personal Services Agreement, Personal Services Contract or Direct Hire employment without a break in service of more than three calendar days, and (3) such service is recognized by local law to be continuous service with the USG.

E. Part-time service will be pro-rated (reduced) according to the number of regularly-

scheduled hours in the employee’s workweek.

F. Periods of leave without pay of two weeks or more are to be deducted from creditable

service.

G. Creditable service does not include any period during which an individual provided

services to the U.S. Mission under a purchase order.

V. Refund of payment

Persons who have received service pay from the USG and are re-employed by the USG shall not be permitted to refund any portion of the payment. Eligibility towards new service pay entitlements shall begin as the date of employment.

VI. Transfers

A. Between USG agencies within a country

Service payments are not authorized to employees who are transferred between civilian USG agencies within a country. Transfers are considered a change in employment from one agency to another without a break in service of more than three calendar days or more. Service credit towards service pay which has been earned through employment with the losing agency is transferred to the gaining agency. The gaining agency will assume all obligations for the payment of service pay for prior creditable periods of service with any USG agency, if the employee is entitled to service pay on final separation. For transfers involving military service components, interagency funding is to be resolved.

B. Between or within USG agencies in different countries

The rules in paragraph VI A apply. Under these circumstances, service credit towards service pay earned under the terms of the losing post’s plan would be transferred to the gaining post. Any service payments to such employees are made on the terms of the service pay plan in effect at the gaining post.


VII. Appeals

If disputes arise involving service settlements, the employee has the right of appeal to the Ambassador or designee. The decision of the Ambassador or designee shall be final. Rules governing grievance appeals are on file at the Mission Human Resources Office.


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