Thursday, February 17, 2005

This policy clearly discriminates

From Anonymous:

Jeff, Pete, and Tom, please read the following carefully. This policy clearly discriminates against northern New Mexico businesses started by or employing retirees. And it is contrary to the direction of UC/DOE to contract some LANL work to small businesses.

Director's Instruction
Number 04-006.1

Title: University of California Retirees Returning to Work at
the Laboratory


This instruction explains the process to be used whenever a
University of California (UC) retiree (retiree) seeks to return to
work at LANL, either as a UC employee, as a contractor, under a
task order, or under a consulting agreement or similar
arrangement. Director's approval is needed in most cases before
retirees may be rehired.


This instruction applies to Los Alamos National Laboratory (LANL)
UC retirees, LANL employees who may contemplate returning to work
after retirement, and LANL managers who may contemplate hiring
retirees. Managers must follow this instruction prior to
extending offers of employment to UC retirees. This instruction
is in effect on July 7, 2004, and supersedes prior LANL policies
and guidance.


In conjunction with UC, LANL is preparing a policy that will
require a compelling operational justification for utilizing a
retiree for work at LANL. This is necessary both from a financial
perspective and to ensure that managers and employees effectively
plan for the transfer of knowledge when an individual is planning
to retire. Until the proposed policy is issued, this Director's
Instruction provides interim direction to ensure that UC retirees
who return to work at LANL are hired for compelling operational
reasons. Compelling operational reasons are unusual circumstances
that make the utilization of a specific UC retiree's unique
capabilities critical to LANL's successful pursuit of its mission.
Examples include transfer of critical knowledge and expertise to
avoid failure of a project and completion of short-term LANL work
in progress at the time of retirement that cannot be completed
through other means.


With the following exceptions, this instruction applies whenever
LANL managers wish to retain the services of a UC retiree as a UC
employee, a staff augmentation contractor, or pursuant to a task
order, consulting agreement or similar arrangement. The
exceptions are:

- UC retirees who are Retired Laboratory Fellows.
- UC retirees who will perform work for PTLA, KSL, or Aramark.
- UC retirees currently performing work for LANL
("grandfathered" retirees) in a non-UC status, so long as
there is no change in work assignment, such as assignment to
a new project, different group, or an extension of time.
- UC retirees currently performing work for LANL
("grandfathered" retirees) as a UC employee, until such time
as the retiree is no longer a UC employee (i.e., if the
individual ceases UC employment and thereafter wishes to
return, this instruction will apply).
- UC retirees performing work for companies that provide to
LANL ancillary maintenance and repair services (e.g., copy
machine repair) or other ancillary services such as package
delivery (e.g., UPS or FedEx) or building construction
(e.g., Hensel Phelps).
- UC retirees who are receiving annuity payments and who will
suspend such payments and re-enter the retirement plan upon

Other than the exceptions above, the Director must approve all
hires of LANL UC retirees. Prior to the UC retiree commencing
work at LANL, the following steps must occur.

1. The LANL manager must send a memorandum to the Division
Leader for Human Resources (DHR) that states the UC
retiree's: a) name; b) retirement date; c) position at the
time of retirement; d) proposed assignment, including a
description of the work to be performed; and e) proposed
start date. The memorandum must also state the compelling
operational circumstances requiring the UC retiree's return
to work at LANL.
2. The DHR will determine: a) whether the UC retiree has had a
true separation from service (required pursuant to Internal
Revenue Service regulations governing the UC pension plan);
and b) whether the memorandum addresses the issues set forth
in paragraph 1.
3. If the DHR determines that there has been a true separation
from service and that the memorandum addresses the issues as
required, (s)he will forward the memorandum to the Director
for review and decision. If the DHR determines that there
has not been a true separation from service the requesting
manager will be notified that the proposed hire cannot take
place on the proposed start date. If the DHR determines
that the manager's memorandum does not address the issues as
required by this instruction, the DHR will so notify the
manager; the manager has the option of revising and
resubmitting the memorandum or dropping the proposed hire.
4. The Director will determine whether to accept the proposal
and will provide a written decision to the DHR. The DHR
will then coordinate with the proposing manager to carry out
the Director's decision.
5. Under no circumstances may a manager commit to procure the
services of a UC retiree covered by this instruction prior
to the written approval of the Director as communicated
through the DHR.

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