04 JULY 2008
FM GLIFAA WASHDC
TO ALL GLIFAA MEMBERS
UNCLASSIFIED
SUBJECT: REVISED IRAQ SERVICE RECOGNITION PACKAGE.
REF: STATE 64570
1. SUMMARY: Gay and Lesbian Foreign Service Officers and Specialists are at the frontlines in Iraq, serving their country with pride. These loyal men and women are among the front lines of America's diplomatic corps, working to build a world of peace, stability, and prosperity. Gays and Lesbians in Foreign Affairs Agencies (GLIFAA) has produced this Revised Iraq Service Recognition Package in order to clarify which benefits in State cable 64570 are available to all employees and which benefits are only available to employees who can enter into marriages recognized by the Department.
2. In general, a gay or lesbian employee is granted the same benefits that would be granted to a single employee, regardless of that employee's marital status. These benefits include hardship pay, danger pay, and linked assignments.
3. Citing the "Defense of Marriage Act," the Department does not permit any same-sex partner, whether married or unmarried, to be considered an "Eligible Family Member," (EFM) but instead refers to a same-sex partner as a "Member of Household" (MOH). This second-class status not only denies gay and lesbian families important protections, the term itself is an insult to those at war. When a gay or lesbian employee volunteers to live in a hooch with incoming ordnance while his or her partner worries at a kitchen table thousands of miles away, it is not reasonable to refer to these two as "members" of the same "household." GLIFAA humbly requests that the Department recognize our "households" for what they truly are: families.
4. Benefits available to other families but denied to ours include:
a) continued housing at post of employee's pre-Iraq assignment
b) inclusion in Cost of Living (COLA) allowances
c) Separate Maintenance Allowance (SMA)
d) R&R benefits to travel with the employee
e) eligibility to apply for spousal employment in Iraq
5. Those who fall in love with stray dogs in Iraq may be eligible to bring them home. For further details, see www.baghdadpups.com. Those who fall in love with same-sex partners are not permitted to petition for marriage-based immigrant visas.
6. In Davenport, IA, on August 24, 2004, Vice President Cheney said, "Lynne and I have a gay daughter, so it's an issue that our family is very familiar with... With respect to the question of relationships, my general view is that freedom means freedom for everyone."
7. In its May 2008 Decision "In re Marriage Cases," the California Supreme Court held that "core substantive rights include, most fundamentally, the opportunity of an individual to establish - with the person with whom the individual has chosen to share his or her life - an officially recognized and protected family possessing mutual rights and responsibilities and entitled to the same respect and dignity."
8. The full text of State 64570 follows. GLIFAA has added text in bold italics below to illustrate the benefits not available to families of gay and lesbian employees.
9. On this, the 232nd anniversary of the independence of the United States of America, GLIFAA wishes to express our gratitude to all the men and women of our armed forces and diplomatic corps for their service, and to all of the families who have sacrificed to keep our nation free.
-The GLIFAA Board
----------------------------------------------------------------------------------------------------------------------------------------
R 161630Z JUN 08
FM SECSTATE WASHDC
TO PAGE 02 STATE 064570 161631Z
ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE
AMEMBASSY TRIPOLI
UNCLAS STATE 064570
FOR MANAGEMENT OFFICERS
E.O. 12958: N/A
TAGS: APER, AMGT
SUBJECT: IRAQ SERVICE RECOGNITION PACKAGE (ISRP)
MODIFICATION - May 2008
REF: (A) 03 STATE 304267, (B) 04 STATE 13124, (C) 04
STATE 147979, (D) 04 STATE 265933, (E) 06 STATE 35355,
(F) 06 STATE 39000, (G) 06 STATE 54986, (H) 06 STATE
064697, (I) 06 STATE 88092, (J) 06 STATE 119416 (K) 06
STATE 174824 (L)06 STATE 0195740 (M) 07 STATE 98727
THIS TELEGRAM SHOULD BE BROUGHT TO THE ATTENTION OF ALL
FULL-TIME STATE DEPARTMENT EMPLOYEES AND SHOULD BE READ
IN CONJUNCTION WITH THE ALDAC ANNOUNCING THE SPECIAL
IRAQ ASSIGNMENT CYCLE FOR 2009.
1. Summary: The provisions of the Iraq Service
Recognition Package (ISRP) as described below will apply
to assignments and details to Iraq for the 2009/2010
period. It is designed to recognize exceptional factors
involved in service in Iraq and to assure fair and just
compensation for that service as well as to provide for
periodic relief from the stressful conditions of life
and work in Iraq. The ISRP has been reviewed and
revised as of June 16, 2008, to incorporate the
following modifications:
a) Updated description and ordering to clarify benefits;
b) Updated information on pay caps and rollover
provisions
(See paragraph 15E);
c) Employees serving in Iraq may be eligible to
participate in the Student Loan Repayment Program
(SLRP)(See paragraph 15F);
d) The Onward Assignment provisions in the last ISRP
(top five choices), are being revised and the new
language provided by HR in a separate telegram (see
paragraph 9);
e) All Foreign Service employees and Civil Service
employees on LNAs who arrive at post on/after May 1,
2008 and who complete 12 months of continuous service
abroad in Iraq on assignment or TDY are required to take
Home Leave or transition leave as appropriate following
the assignment (see paragraph 18);
f) Employees detailed/TDY to Iraq for one year from
another overseas post may elect to return to their post
of assignment for R&R. (See paragraph 11)
g) The Department has issued new regulations governing
the use of Business Class travel. As a result, Business
Class travel is no longer approved for personnel
assigned or on long-term (six months or more) TDY/detail
to Iraq (see paragraph 14).
State Department Foreign Service(FS) and Civil Service
(CS) employees on limited non-career appointments (LNAs)
to the Foreign Service and assigned or detailed to Iraq
on extended temporary duty status (TDY) for one year are
eligible for the benefits described below, as
applicable. The benefits for personnel hired on
temporary appointments under 5 USC 3161 are summarized
elsewhere. (For information, contact NEA/SCA/EX-
ITAO/HR).
End Summary.
2. FAMILIES:
A. If an employee serving overseas volunteers for a
one-year detail to Iraq, whether at the end of a current
tour that has been extended or while still assigned to
another post, he/she may be permitted to have family
members who travel on the employee's orders remain at
the current post of assignment during said service. The
post/Department will make every effort to ensure that
family members who wish to exercise this option may do
so, including by seeking agreement from the host country
to permit family members to remain at post with existing
diplomatic/A&T status as appropriate. Where status is
secured families will be permitted to remain at the
current post of assignment, in which case the family
will not be eligible for Separate Maintenance Allowance
(SMA) but will retain housing, a reduced COLA (i.e.,
minus the employee's portion), education allowance, R&R
travel where eligible under current post entitlement,
EFM employment eligibility, and privileges and
immunities, provided there is host country agreement.
While serving in Iraq the employee will be eligible for
benefits as described below. An employee considering
this option should contact post management at the
current post, his/her CDO and Tony Spakauskas in
NEA/SCA/EX's Iraq assignments office.
The above text would not apply to the same-sex partners of GLBT employees because the Department does not consider those partners to be "family members" of the employee. Those partners would be ordered to vacate their homes and move elsewhere, at their own expense. They would also be denied the COLA and R&R travel benefits allowed to opposite-sex partners, as well as the EFM employment eligibility and diplomatic privileges and immunities.
B. Or, if an employee serving overseas volunteers for a
one-year assignment to Iraq, the employee can elect to
have family members who travel on the employee's
official orders return to Washington DC (or another
location on a constructive cost basis) and be eligible
for involuntary separate maintenance allowance (ISMA),
provided the family member meets the eligibility
requirements for SMA. Again, the employee will be
eligible for benefits as described below while serving
in Iraq.
The above is also not an option for the same-sex partners of employees. Those partners would have to travel at their own expense and would be denied involuntary separate maintenance allowance (ISMA).
C. Transitional SMA (TSMA) - has been amended to assist
families when employees are serving at unaccompanied
posts. In particular, these changes add two categories
of Transitional SMA (TSMA). These provide for TSMA to
assist family members who must temporarily occupy
commercial quarters at their official Involuntary SMA
location, either 1) immediately after their arrival at
that location from an accompanied foreign post, when the
employee is transferring to an unaccompanied post, or
(2) immediately prior to their departure from the ISMA
location, when the employee has completed an
unaccompanied tour and the family is preparing to join
the employee transferring to an accompanied post. For
the first of the above situations, the amended DSSR
provides up to sixty days' TSMA payments after the
family members occupy commercial quarters. For the
second situation described, the DSSR now provides up to
ten days' TSMA payments after the family members occupy
temporary commercial quarters prior to the employee's
departure from the unaccompanied post. For each of
these two circumstances there is language disallowing
such payments for days for which the employee receives
per diem on behalf of these family members.
Transitional Separate Maintenance Allowance (TSMA) payments are only permitted for opposite-sex domestic partners; they would be denied to same-sex partners.
3. FAMILY MEMBER EMPLOYMENT:
If an employee proceeding on assignment to Embassy
Baghdad has an Eligible Family Member spouse (AEFM) who
is interested in accompanying the employee to Iraq in an
EFM capacity, the Department is prepared to give every
consideration to such a request. The interested
employee/spouse should contact NEA/SCA/EX to obtain
information on the post's EFM employment program as
described in 08 STATE 14268, which includes a list of
EFM positions. EFM's are also encouraged to review
vacancies for the upcoming Iraq Cycle and register with
NEA/SCA/EX any interest in positions for which they feel
qualified.
An employee's same-sex partner who shows willingness to support the US Mission to Iraq is not welcome and these partners should not apply; these positions are reserved exclusively for opposite-sex partners.
4. EERS/PERFORMANCE MEMOS:
The Embassy Human Resources Officer will ensure that all
employees assigned or detailed to Iraq receive formal
EERs, as with any other overseas assignment. Those who
are on extended TDYs of 120 days or more will receive
formal EERs in accordance with HR/PE or HR/CSP guidance,
as applicable. Those on TDY assignments of less than
120 days will receive TDY Memoranda or Supplementary
Comments on Performance to be included in their Official
Performance Files.
5. PROMOTIONS:
Performance is and will remain key to promotion. With
that in mind, the Department proposes to include the
following language in the 2009 Procedural Precepts that
was included in the 2006 through 2008 instructions to
the Selection Boards:
"Boards are encouraged to weigh positively creditable
and exemplary performance at hardship and danger posts
because of the unique and challenging work environment,
including service in areas of widespread warfare with
U.S. combat troops involvement and with a danger pay
designation such as Iraq and Afghanistan. Boards should
particularly credit performance in Provincial
Reconstruction Teams and other regional operations in
Iraq, which the President and Secretary of State have
determined to be of the highest priority. These jobs
are among the most challenging and dangerous in the
world, and are vital to the U.S. national security."
6. EXTENSION OF TIME-IN-CLASS (TIC)/TIME-IN-SERVICE
(TIS):
A. Up to two years extension of TIC/TIS will be
available to Senior Foreign Service members and
generalist or specialist members in Class FS-01.
Qualifying employees could serve up to two years in a
qualifying position in exchange for the equivalent
amount of time added to their TIC/TIS calculations.
Note that the Director General has determined that all
FS-01 and SFS positions in Iraq are qualifying
positions. Employees compete for promotions and, if
applicable, performance pay and presidential awards.
Until the FAM is revised, this constitutes Department
policy on TIC/TIS for these employees.
B. There are some important provisions:
- To benefit from this provision, members who are facing
final Selection Board reviews must be actually serving
in the qualifying position by September 1 of the year
TIC expires.
- A TIC/TIS extension will be available only
prospectively. It will not be available retroactively
to those already serving in difficult-to-staff positions
or to those who have already entered their "grace year."
However, those ineligible because of these provisions,
but interested in working in Iraq after separation,
should contact the NEA/SCA/EX Iraq Assignments Office.
If you are interested in working in Iraq during your
grace year, please contact your CDO.
- Senior Foreign Service members at the FE-OC level who
receive a TIC extension under this provision and are
subsequently promoted to FE-MC will not be able to apply
the TIC extension to the combined OC/MC 14 year TIC.
- As is presently the case for other categories of
TIC/TIS extension, any FS-01 whose Senior Threshold
Window was open and whose TIC/TIS extension under this
proposal conferred entitlement to one or more additional
selection board reviews would have his or her Senior
Threshold Window extended.
7. FAIR SHARE:
Six months on the ground in Iraq meets Foreign Service
Fair Share obligations.
8. FIVE/EIGHT RULE:
A one-year assignment or detail to Iraq meets Foreign
Service five/eight rule obligations. Only those who
complete at least 10 months of a one-year assignment or
detail to Iraq, or who are curtailed short of that goal
for Service need, will be eligible.
9. ONWARD ASSIGNMENT:
The outline of an expanded linked-assignment incentive
still under discussion with AFSA, is provided in State
056058, dated May 27, 2008. Under this draft proposal,
the Department's firm commitment to assigning qualified
bidders on PRT/REO positions to one of their top five
onward assignments would be replaced with a broader
version of the successful "linked assignments" program
implemented for some grades/cones serving in Iraq last
year. Once discussions with AFSA are completed HR will
confirm the status of this program and provide further
details.
10. EXTENSION OF CURRENT ASSIGNMENT:
A. An employee who accepts a one-year detail during,
but not at the end of an overseas assignment, may seek
to return to the post of current assignment at the end
of the detail and have his/her tour extended by one
year, unless the position they left is a job with an LDP
in a hard or super hard language where a successor has
already been assigned.
B. An employee so electing must notify CDA at the time
of bidding so that appropriate adjustments can be made.
11. REST & RECUPERATION (R&R) TRAVEL:
A. Members of the Service (i.e. FS officers,
specialists and Civil Service employees on FS Limited
Non-career Appointments (LNAs)) assigned or detailed to
Iraq for at least one year are eligible to choose
between either (a) two R&R trips and three Regional Rest
Breaks (RRB) or (b) three R&R trips and no RRBs during a
1-year period. Employees detailed from another overseas
post may elect to return to their post of assignment for
R&R.
B. Foreign Service and Civil Service employees on
temporary duty for six months or more but less than one
year will be eligible for one R&R trip back to the
United States or to the employee's post of assignment
after 90 days of service in Iraq.
C. US Mission Baghdad has established a post policy on
the maximum duration of R&R and RRB trips.
12. REGIONAL REST BREAKS (RRB):
A. Because of the extraordinary circumstances involved
in service in Iraq, State will fund transportation for
members for the Service(including Civil Service
personnel assigned to Iraq under FS LNAs) for one (1)
RRB of five working days during a six-month TDY; two (2)
RRBs of five working days each during a nine-month TDY.
Members of the Service on a one-year assignment or
detail will be eligible for RRBs as described in
paragraph 11. As noted above, those who elect to take
three R&R trips during a one-year assignment or detail
will not be entitled to any RRBs.
B. IN SUM: A one-year assignment or detail to Iraq
would include either (i) two R&R trips and three RRBs,
or (ii) three R&R trips and no RRBs, and should be
broken up more or less evenly by opportunities for rest
at reasonable intervals - basically, a break after every
50 to 60 days at Post.
13. ADMINISTRATIVE LEAVE:
All employees serving for 6 months or more in Iraq will
be authorized a limited amount of administrative leave
to be used during R&Rs and regional rest breaks. For
those employees on one-year assignments or details,
administrative leave will be authorized not to exceed a
total of 20 work days per year(1 year = any 365
contiguous days) and not to exceed 5 workdays per RRB or
10 workdays per R&R trip. For shorter-term assignments,
administrative leave will be authorized not to exceed a
total of 10 workdays for six- month TDYs, or 15 workdays
for nine-month TDYs (NTE 5 workdays per RRB or 10
workdays per R&R trip). Note that administrative leave
is discretionary and not an employee entitlement.
14. Travel to/from Post:
Please review the January 25, 2008 Department Notice on
OMB-Mandated Changes on Business Class Travel Policy and
Department Notice dated February 28, 2008, FAQs About
Business Class Travel Policy Changes in connection with
assignment or long term TDY/detail to Iraq. Business
Class Travel is no longer authorized for personnel
assigned or on a long-term TDY/detail(six months or
more) to Iraq.
15. COMPENSATION:
A. Danger Pay:
Danger Pay level for Iraq is 35%. Danger Pay begins
upon arrival in Iraq and ceases upon departure
(permanent or temporary).
B. Post (Hardship) Differential
The Post Differential for Iraq is 35%.
1) For employees assigned to Iraq post
differential starts on day one.
2) For personnel on detail or TDY to Iraq, post
differential is retroactive to day one after the
employee has spent 42 continuous days at post.
3) For further details on Post Hardship
Differential see DSSR 500.
C. Special Differential and Premium Pay:
1) Commissioned Foreign Service (FS) officers FO-04 to
FO-01 assigned to Iraq or serving extended details of
180 days or more receive a 20 percent Special
Differential to compensate for substantial amounts of
extra work performed. These employees are not eligible
to receive premium compensation under Title 5. Special
Differential will cease on the 21st day of absence from
post and the day after permanent departure from post.
2) Foreign Service Specialists, non-commissioned FS
officers, personnel on Limited Non-Career Appointments
(LNAs) to the Foreign Service, and Civil Service
personnel on detail to Iraq are entitled to Title 5
premium pay and thus can claim actual earned overtime
compensation and/or compensatory time off up to the
annual premium pay cap. U.S. Mission Baghdad has a
premium pay policy and guidance on how overtime work
must be authorized and reported.
D. Language Incentive Pay:
Members of the Foreign Service who are assigned to or on
extended detail or TDY for more than 30 days to Iraq and
possess Arabic language skills are eligible to receive
Language Incentive Pay (LIP) in accordance with the
procedures outlined in 3 FAM 3173. Note: Employees
cannot receive LIP at two posts simultaneously.
E. Effect of Pay Caps and Rollover Provisions on
Compensation:
1) PAY CAPS:
The 2008 annual aggregate limitation on employee
compensation for GS-15/FS-01 and below is 191,300 USD
and includes base pay, premium compensation, allowances,
and differentials. The senior aggregate limitation is
215,700 USD.
For Civil Service employees and FS specialists and
untenured Junior Officers eligible for Title 5 premium
pay: The combination of base pay plus premium pay
(whether in the form of overtime pay or compensatory
time off) is typically capped annually at EX-V (139,600
USD) for those assigned overseas and at GS-15/10
(149,000 USD) for those on TDY from Washington, D.C.,
EXCEPT for eligible employees working in Iraq. The 2008
premium pay cap on the total of base and premium pay
earnings for employees assigned to an Iraq duty station
or who spend at least 42 consecutive days in Iraq was
waived up to 212,100 USD for 2008.
2) ROLLOVER PROVISIONS ON CAPS:
If compensation of employees who qualify for the premium
pay cap waiver noted above reaches the annual aggregate
cap (191,300 USD) within the calendar year, ELIGIBLE
earnings in excess of the aggregate pay cap but below
the premium pay cap (212,100 USD for 2008) may be
rolled over into subsequent year(s) until all amounts
due are paid. Qualifying premium pay, in addition to
post differential and danger pay earned above the annual
aggregate amount, will be paid out in the first pay
period of the new year, subject to the calculations
below. Premium pay earnings in excess of the premium
pay cap (212,100 USD for 2008) are forfeited.
At the beginning of 2009, payroll will project the
premium, post differential, and danger pay earnings for
each employee to the end of the pay year. If it appears
that the individual, with his/her current assignment,
will NOT exceed the pay caps, the employee will be paid
all or part of his/her "rollover" money. If it appears
that the employee will again meet or exceed the pay caps
in 2009, the "rollover" money will be held back until
such time as s/he is no longer expected to exceed the
pay caps by receiving the "rollover" money. (See
08State 031655 for further details.)
F. Employees serving in Iraq who have qualifying
outstanding student loans are eligible for the Student
Loan Repayment Program(SLRP). (For details see 08State
039502, 4/15/08.)
16. Assignment Status
The Department will either assign or detail employees
who are going to Iraq. Employees who are detailed from
Washington (or another U.S. location/duty station)
retain Washington, D.C., (or other U.S. duty station)
locality pay but will not be eligible for Involuntary
Separate Maintenance Allowance.
17. RESTORATION OF ANNUAL LEAVE:
The Department has designated employees serving in Iraq
as performing "national emergency" work. Therefore, any
leave forfeited by an employee because he or she is
currently serving, or has served, in Iraq for a period
of at least 30 calendar days during the leave year will
be restored to the employee at the beginning of the next
leave year (07State 160274, 11/26/07). Employees should
apply for leave restoration through the Baghdad Human
Resources Officer (HRO) or through their home post
timekeeper.
18. HOME LEAVE/TRANSITION LEAVE:
A. All Foreign Service employees who arrive at post
on/after May 1, 2008 and who complete 12 months of
continuous service abroad in Iraq on assignment or TDY
are required to take Home Leave following the
assignment.
B. Similarly, all Civil Service employees on LNAs who
complete 12 months of continuous service in Iraq
followed by another overseas assignment must also take
home leave. Civil Service employees on an LNA
appointment who return to an assignment in the United
States are currently required to take 10 days of
Transition Leave to resettle back into the United
States.
C. While the intent of this new requirement is to
promote employees? well-being the Department realizes
that this may be a burden on some employees.
Accordingly, the Director General may consider an
employee's request for delayed, deferred home leave, or
a home leave waiver if such home leave would impose
undue hardship on the employee.
D. For more details and guidance on this subject
employees should refer to 08 State 012506.
E. Employees and their family members who are eligible
for home leave based on their prior post abroad but are
unable to take it because the needs of the Department
require the employee to report to duty in Iraq directly
from the prior post may delay home leave until after the
employee completes service in Iraq. In such
circumstances, the Department will pay travel expenses
for eligible family members to take home leave with the
employee, regardless of whether the family members are
receiving SMA and are residing abroad or in the US.
Family members will not receive SMA on any days that
they receive per diem for home leave travel.
Home Leave travel will be funded for opposite-sex partners of Foreign Service employees but not for same-sex partners. 19. UNACCOMPANIED AIR BAGGAGE (UAB):
UAB consisting of 250 pounds gross weight is approved
for all personnel, including long-term details, serving
a 1-year tour in Baghdad. (Employees assigned or
detailed to REOs and PRTs are not currently eligible for
this benefit).
20. SUNSET REVIEW: The provisions of the Iraq Service
Recognition Package (ISRP) will change over time to
reflect changing conditions at post, just as post
allowances and differentials are subject to change.
Regional Rest Breaks are closely linked with stresses of
close quarter living and long hours. As circumstances
in Iraq evolve over time, the number of authorized
Regional Rest Breaks may be reduced. The ISRP is
scheduled for quarterly comprehensive reviews as
necessary.
21. MINIMIZE CONSIDERED.
RICE
