The Federal Retirement Thrift Investment Board would be designated fund manager. The level of benefits available under CSRS and FERS defined benefit component would not be affected. They would remain, as they currently are, liabilities of the taxpayers. In Bragdon v. Abbott, the court expressly stated, however, that there was no presumption that all HIV-positive employees are entitled to protection under the ADA, and each employee stating a claim under the ADA still will have to prove that he or she personally suffers from a disabling condition that substantially limits a major life activity. The House Civil Service Subcommittee wants it abolished.
Some managers believe it is counterproductive.
Under the more traditional rating systems, employees are ranked by level of performance. A recent U.S. Court of Appeals for the Federal Circuit decision makes it clear that managers must accurately describe misconduct charges in notices of proposed disciplinary actions. The court held that an agency can be required to prove all the elements of a misconduct charge, even if the charge itself is vague and unspecific. The court ruled that the Board could look to the agency's specifications in determining what elements and facts the agency must prove in order to sustain the chosen penalty. The measure would base the amounts on a percentage of salary - 20 percent for meritorious and 35 percent for distinguished.