Selecting and Completing the Legal Authority

Reference Number: NFC-24-1723570081
Published: October 11, 2024
Effective: Pay Period 20, 2024

Summary

Agencies are reminded when processing personnel actions with the National Finance Center (NFC) Payroll/Personnel System (PPS) to ensure that the correct legal authority is selected and processed.

The personnel specialist who approves the action is responsible for determining whether the Agency, or employee who is the subject of the action, is covered by Civil Service procedures applicable to the particular action or by equivalent Agency procedures. The personnel specialist approving the action must know the procedures being used to affect the action.

The legal authority on the personnel action indicates:

• Civil Service laws or regulations
• Agency procedures that are similar or equivalent to those required under Civil Service laws or regulations
• Other procedures

Note: There are some Agencies that are not covered by the Civil Service laws and regulations, and there are some employees who are not covered because of the appointments on which they serve. When the Agency is not covered by Civil Service procedures, or the employee who is the subject of the action is not covered, the Agency may use other procedures that are different from those required by the Civil Service laws or regulations.

Resources

Per the Guide to Processing Personnel Actions (GPPA), all legal authorities must be approved by the Office of Personnel Management (OPM) and documented in the OPM data standards prior to use on the Standard Form (SF) 50, Notice of Personal Action. OPM assigns a three-digit code to each legal authority. The three-digit codes are found in OPM Data Standards or the NFC Table Management System (TMGT) Table 091, OPM NOA Legal Authorities. Some legal authority codes have a standard description that does not change based on the Agency or other criteria. Other legal authority codes have descriptions that are fill-in-the-blank type and require information to be documented by the personnel specialist. The personnel specialist must cite the appropriate authority as follows:

• Law, Executive Order, or regulation which is the basis for the action
• Agency internal regulations, manual, or an employee code of conduct or ethics that provides penalties for violations or misdeeds
• Authority unique to the Agency

These errors jeopardize data reporting for the Agency to OPM, the data by Congress and others to determine the continued use/need of specific authorities or funding of a particular program area. Improper documentation can also adversely affect an employee’s rights, pay, and retirement eligibility benefits, as the information recorded on the SF 50 filed in the employee’s electronic Official Personnel Folder/Official Personnel Folder (eOPF/OPF) determines an employee’s entitlements.

Inquiries

For questions about NFC processing, authorized Servicing Personnel Office representatives should contact the NFC Contact Center at 1-855-NFC-4GOV (1-855-632-4468) or via the customer service portal at ServiceNow Portal for Federated Users and at ServiceNow Portal for Non-Federated Users.