Employees of the VA faced with repaying bonuses due to alleged misconduct now have an available mechanism for appeals.
The United States Office of Personnel Management (OPM) has published guidelines for the appeal process regarding the recoupment of premiums, bonuses, and relocation expenses for employees of the Veterans Affairs Department. This development comes after the VA finalized its policies for recouping such expenses under the 2017 VA Accountability and Whistleblower Protection Act in January 2024.
The new guidelines, published as an interim final rule on Wednesday, 15th January, outline the procedures for current and former Veterans Affairs Department employees to challenge recoupment orders. OPM's authority is limited to reviewing whether the VA appropriately followed recoupment policies, and it has 30 business days after receiving an appeal to issue a final decision.
Individuals have seven business days after receiving a recoupment order to submit an appeal to OPM. The appeal process takes effect on Wednesday, and OPM is requesting comments on it through March 17. Specifically, it is seeking opinions on whether VA bargaining unit employees can use grievance procedures to challenge a recoupment order instead of filing an appeal, and if OPM should publish appeal decisions.
The VA Secretary Denis McDonough ceased enforcement of the 2017 accountability law in 2023. However, the top Republicans on the congressional Veterans' Affairs committees in the 118th Congress have sponsored legislation to reinstate and strengthen many of the provisions in the 2017 law. The legislation aims to make it easier to remove VA employees, a point that was also discussed by President-elect Donald Trump's pick for VA secretary, former Rep. Doug Collins, R-Ga.
The new OPM guidelines specify what information must be included in the appeal, including an explanation regarding why the employee believes the order was issued incorrectly. OPM is ready to handle appeals if the VA issues an order to recoup, as they had to wait to develop their policies until they had a better understanding of the VA's process and what records the department would provide to the agency.
The 2017 law allows the VA secretary to require an employee to repay awards, bonuses, or relocation expenses if misconduct or poor performance is determined. However, the guidelines for appealing such decisions will be addressed in future rulemaking, as the law does not currently provide specific rules for this aspect.
The story has been updated to provide more information about the timeline for the development of the interim final rule. The Office of Personnel Management published the guidelines as an interim final rule, meaning they will be implemented immediately, but the public has an opportunity to comment before the rule becomes final.
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