MS 642: Conditions of Service for U. S. Overseas Staff

Date: Partial Revision 11/27/2007; 4/22/85
Office: M/HRM
Supersedes: MS 642, 4/22/85; 10/3/83

Attachment

Table Of Contents

Attachment A Conditions of Employment with Peace Corps Outside the Continental U.S.

1.0 Purpose

This Manual Section summarizes general "conditions of service" for U.S. Direct Hire Employees. It deals with overseas allowances, import privileges, use of U.S. Government facilities in countries of assignment, change in family status, and related topics which do not warrant separate treatment in other sections of the Peace Corps Manual. Where appropriate, cross-references to related sections of the Manual are indicated.

2.0 Background

The basic philosophy of Peace Corps U.S. Direct Hire Employee service emphasizes the importance of modest, non-ostentatious styles of living and working in relation to the host culture. The following subchapters of this Manual Section apply this philosophy of U.S. Direct Hire Employee service in more specific terms.

3.0 Overseas Quarters and Living Standards

Peace Corps Volunteers are expected to live simply and non-ostentatiously at the level of the people with whom they live and work. Because overseas staff members are charged with leading Volunteers, it is important that they live in a manner that is compatible with the basic philosophy of the Peace Corps.

Manual Section 515 "Living Quarters, Furnishings and Guard Services for Full-time Permanent Overseas Staff" provides specific guidance on staff living accommodations.

4.0 Allowances and Differentials

It would be inconsistent for the Peace Corps to compensate its U.S. Direct Hire Employees based upon any standard suggesting that difficult or notably unhealthy conditions or excessive physical hardships, differing substantially from those in the U.S., warrant special rewards or privileges. For this reason, the Peace Corps has concluded that its U.S. Direct Hire Employees may not receive a hardship differential, or any other allowances, except the following:

• Quarters allowances -Temporary lodging allowance and living quarters allowance,
• Education allowance or education travel, and
• Separate maintenance allowance, as outlined under paragraph 4.3. below.

These allowances are provided only to U.S. Direct Hire Employees, except resident hire employees, whose appointments are made under the authority of Section 7 (a) (2) in the Peace Corps Act. However, U.S. "Resident Hire" permanent employees are eligible only for quarters allowance (see MS 693 for policies on "Resident Hire" overseas employees). Aside from these allowances, U.S. overseas employees, except resident hire employees, are also eligible for travel benefits connected with family emergency visitation and child visitation.

4.1 Quarters Allowance: Living Quarters Allowance and Temporary Lodging Allowance

Detailed guidance on U.S. Direct Hire Employee living quarters is provided in MS 733 "Leases". Please consult Standardized Regulations (Government Civilians, Foreign Areas), Chapter 100 for additional references on the scope of allowances, and Chapter 920 for authorized amounts.

4.2 Education Allowance and Education Travel

In accordance with the Standardized Regulations, subchapters 270, 280 and 920, U.S. Direct Hire Employees with dependent children may receive an education allowance or education travel; however, the Peace Corps authorizes only one round-trip per tour for dependent children between the Post and the U.S. secondary or college institution (see MS 812 "Staff Travel and Transportation Regulations" for specific guidance on education travel).

4.3 Separate Maintenance Allowance

Separate maintenance allowance is an allowance intended to assist U.S. Direct Hire Employees in offsetting the additional expenses incurred by a U.S. Direct Hire Employee who is compelled to maintain a separate household for his or her spouse and/or dependent children away from the assigned Post.

4.3.1 Conditions Governing Determination of Eligibility

It is the policy of the Peace Corps to grant separate maintenance allowance to an employee only in the following cases:

• Spouse and/or child (children) are directed by the Peace Corps to leave the Post of assignment for reasons of health, safety, or foreign policy; or
• Spouse or child (children) of an employee incur/s an illness or injury at Post which requires the permanent revocation of the individual's medical clearance, and hence, his or her departure from the country of assignment.

The Peace Corps will not authorize a separate maintenance allowance where the U.S. Direct Hire Employee and family member(s) choose to live apart for their own convenience, or where the U.S. Direct Hire has personal reasons of special need or hardship to maintain family member(s) elsewhere, including but not limited to career, educational or family considerations for the spouse, or educational consideration for children.

A separate maintenance allowance shall not be paid on behalf of any child during the period covered by the grant of a "school away from Post" education allowance.

A separate maintenance allowance may be granted only in behalf of spouse and/or dependent child(ren) who have received full medical clearance for accompanying the employee to his or her overseas Post of assignment.

4.3.2 Procedure for Granting Separate Maintenance Allowance

Requests for separate maintenance allowance shall be submitted, with the recommendation of the Country Director who supervises the U.S. Direct Hire Employee, to the Director of Personnel Management (M/PM) through the appropriate Regional Director. Standardized Regulations, Chapter 943, provides authorized payment amounts for granting separate maintenance allowance.

4.4 Staff Emergency Visitation Travel

U.S. Direct Hire Employee emergency visitation travel is provided for U.S. Direct Hire Employees or spouses in the case of critical illness or death of members of the immediate family. See MS 816 "Staff Emergency Visitation Travel" for detailed guidance.

4.5 Child Visitation Travel

Child Visitation Travel is provided for children of legally separated or divorced parents to visit the other parent (see MS 812 for detailed guidance on child visitation travel).

5.0 Duty-free Privileges

In accordance with the terms of Peace Corps country agreements, most host governments have agreed to exempt Peace Corps U.S. Direct Hire Employees from certain customs, duties, and local taxes. It is Peace Corps policy to authorize U.S. Direct Hire Employees to use those exemptions only for the duty free importation of non-luxury commodities, such as powdered milk or special baby food, not obtainable in the host country at reasonable prices. U.S. Direct Hire Employees may not use the duty-free privilege for personal luxury items such as tobacco and perfume. Use of custom exemption to profit an employee or other individual will subject the U.S. Direct Hire Employee to disciplinary action (please see paragraph 7 of this Manual Section for additional information).

6.0 Use of Commissary and Post Exchange (PX) Facilities, Pouch and MPS Privileges

It is the policy of the Peace Corps to encourage U.S. Direct Hire Employees to carry out their activities, to the extent practical and possible, relying on the local economy and services. Although they are expected to refrain from patronizing facilities from which host country people are expressly excluded, U.S. Direct Hire Employees may use the commissary or PX facilities and may have pouch or APO privileges under restricted circumstances as outlined below. Contract personnel, temporary and part- time employees, and Foreign Service National employees are never authorized such privileges.

6.1 Use of Commissary or PX Facilities

The Country Director or Acting Country Director decides, subject to the concurrence of the Regional Director, whether and within what limits U.S. Direct Hire Employees may use commissary facilities at each Post. The Country Director should use discretion in requesting such privilege by weighing carefully the effect of commissary use by Peace Corps U.S. Direct Hire Employees at the particular Post.

The use of commissary facilities should be limited as much as possible to purchasing goods used for representational activities. Under no circumstances should U.S. Direct Hire Employees depend exclusively on the commissary facilities for daily living when necessary goods and services are available at reasonable cost locally.

Access to Post Exchange (PX) facilities is determined in the same manner as that for the use of commissary facilities. The use of PX facilities may be authorized only when there is no commissary in country and only if it is clearly demonstrated that there are no adequate resources available for representational activities outside PX facilities.

The Peace Corps has strived to maintain not only a separation from the U.S. military overseas, but also an appearance of separation. The Country Director shall use utmost care in a decision to request the use of PX facilities by appraising the effect patronizing such military establishments may have on the credibility of the Peace Corps program in country. Under no circumstances may Peace Corps Volunteers be authorized PX or commissary privileges.

6.2 Personal Use of Pouch and Military Postal Service

U.S. Direct Hire Employees may use the State Department diplomatic Pouch for mailing and receiving personal mail to the same extent as other U.S. citizen members of the foreign service.

Military Postal Service (MPS) has been extended, under limited circumstances, to Peace Corps. U.S. Direct Hire Employees may use the MPS for sending and receiving personal mail (letters only). See MS 835 "Diplomatic Pouch, Military Postal Service, and International Mail" for specific guidance on the use of the pouch and MPS

7.0 Importation and Sale of Personal Property Abroad

Peace Corps' policies, with regard to the importation and sale of personal automobiles and other personal property abroad, are guided by Foreign Affairs Manual Circular No. 378, dated February I, 1966. U.S. Direct Hire Employees are prohibited from selling automobiles or other personal property at a profit if the profit results from import privileges given to U.S. Direct Hire Employees by the host government. In addition to the regulations contained in Circular No. 378, Peace Corps U.S. Direct Hire Employees are subject to any other importation or exportation policies issued by the Chief of Mission. Peace Corps regulations concerning the shipment and storage of personal effects and shipment of personal automobiles are contained in MS 812.

8.0 Change in Family Status

Any change in the family status of U.S. overseas employees, e.g., birth, adoption, or marriage, should be reported to the Chief of Staff, Office of Personnel Management (M/PM) within 3O days of the change. A copy of the birth certificate, adoption papers, marriage certificate, etc. should accompany the report. In case of divorce, copies of the custody decrees, if applicable, shall accompany the report. Upon receipt of the report, the Office of Personnel Management will forward to the U.S. Direct Hire Employee a Residence and Dependency Report (OF126).

The report should be completed as soon as possible and be returned to the Office of Personnel Management. The U.S. Direct Hire Employee will then be advised concerning the opportunities to change his or her health benefits program, or change beneficiary for life insurance, or any other allowances and benefits that might be affected by the change in family status.

8.1 Intended Marriage to Person with Intelligence Background

A U.S. Direct Hire Employee who plans to marry shall notify the Office of General Counsel D/GC, PC/Washington, of such intention at least 12O days in advance if the intended spouse, regardless of his or her citizenship, has had any connection with a U.S. and/or local intelligence community. The report should be accompanied with brief biographical information on the intended spouse. Under certain circumstances, marriage to a spouse with intelligence experience may be incompatible with the continued employment of the staff member as it may be considered to have negative impact on the Peace Corps program overseas. The Office of General Counsel (D/GC) will review each case and notify the employee within 3O days from the date information was received in the office whether a proposed marriage to the particular individual with an intelligence background is incompatible with his or her continued employment in the Peace Corps. Further guidance on the intelligence background issue is provided in MS 611 "Employment of Applicants with Intelligence Backgrounds".

8.2 Marriage to Non-U.S.Citizen

A U.S. Direct Hire Employee who plans to marry a non-US citizen shall notify the Peace Corps, in writing, and in advance of the marriage to permit the implementation of the following procedure. The notice shall be submitted directly to the Chief of Staf, Office of Personnel Management (M/PM) through the Country Director and the Regional Director. The employee shall submit the following to the Office of Personnel Management:

• Application for Employment in the Foreign Service of the United States" (OF-174) excluding the photograph which has been completed by the intended spouse;
• A brief biography concerning the intended spouse; and
• A certified copy of a divorce decree or other evidence of termination of any former marriage of employee and/or intended spouse.

Copies of the above documents will be given to the Security Division, Office of Personnel Management (M/PM/S), so that the appropriate embassy security officer may initiate the administrative clearance process (name check, visa-type investigation) on the intended spouse. The report of the investigation will be forwarded to the Office of Personnel Management for notification to the employee.

Within 3O days after the marriage, the U.S. Direct Hire Employee shall submit to the Office of Personnel Management a revised Residence and Dependency Report (OF-126). The Office of Personnel Management will provide instruction on the medical clearance process for the spouse and any other dependents legally acquired through the marriage.

8.3 Marriage to a U.S. Citizen

Within 3O days after marriage to a U.S. citizen, an employee shall submit a revised Residence and Dependency Report (OF-126) to Personnel. A certified copy of a divorce decree or other evidence of termination of any former marriage of employee and/or spouse must be forwarded with the report. A report of medical examination on the spouse and any other acquired legal dependents should be submitted to the Medical Director, Department of State.

9.0 Requirements for Overseas Tour of Duty

9.1  Failure to Complete One Full Year of Service or Tour of Duty

9.2  Exceptions

10.0 Standard of Conduct

The Peace Corps "Employees Standards of Conduct" governing the standards observed by all employees, is published in MS 641. This regulation prescribes the extent to which Peace Corps staff members may engage in political activity; and provides standards relating to conflict of interest, writing for publication, and other areas of general interest.

11.0 Effective Date

This manual section shall become effective upon the date of issuance.