DODEA Contract Problem
Re: DODEA Contract Problem
@wrldtrvlr123, Thanks much, I really appreciate your supportive comments, and everyone else on this forum. Thats right, I think China will be an interesting place to be for a little while. I will also have a contract with housing and yearlyreturn flights, so that should satisfy DODEA when the time comes. Cheers!
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@WT123
A very, very, very, very, small minority.
@base5555
It sounds like you have a plan, will keep fingers crossed that your principal will work out the LQA, but it sounds like youre ready to get out of Japan anyway.
A very, very, very, very, small minority.
@base5555
It sounds like you have a plan, will keep fingers crossed that your principal will work out the LQA, but it sounds like youre ready to get out of Japan anyway.
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TeacherWNoRoots
- Posts: 5
- Joined: Sun May 07, 2017 3:23 pm
Re: DODEA Contract Problem
Congratulations on being a sought-after educator!
DoD has recently started to tighten up with LQA. It's not an entitlement - it's a benefit for which eligibility is outlined in the JTR, most recently updated May 1, 2017.
The rule is that except in particular circumstances, a civilian is not eligible for LQA unless hired from CONUS - meaning that he or she is actually in the states at time of recruitment and hire. Eligibility can be approved if the candidate can show proof of similar benefits conveyed in order to get him/her to the current location from the US.
Relying on transfer rounds to get PCS/LQA, etc. is a long shot at best, but it's not impossible - just not probable.
DoD has recently started to tighten up with LQA. It's not an entitlement - it's a benefit for which eligibility is outlined in the JTR, most recently updated May 1, 2017.
The rule is that except in particular circumstances, a civilian is not eligible for LQA unless hired from CONUS - meaning that he or she is actually in the states at time of recruitment and hire. Eligibility can be approved if the candidate can show proof of similar benefits conveyed in order to get him/her to the current location from the US.
Relying on transfer rounds to get PCS/LQA, etc. is a long shot at best, but it's not impossible - just not probable.
Re: DODEA Contract Problem
Yea, apparently local hires don't get to sponsor their family members. HR just requested to get my marriage certificate and children's birth certificates, so perhaps this is a good sign. Haven't completely dismissed me yet.
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wrldtrvlr123
- Posts: 1173
- Joined: Sat Feb 06, 2010 10:59 am
- Location: Japan
Re: DODEA Contract Problem
base5555 wrote:
> Yea, apparently local hires don't get to sponsor their family members. HR just requested
> to get my marriage certificate and children's birth certificates, so perhaps this
> is a good sign. Haven't completely dismissed me yet.
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Yes, this is the gov't so one never knows how things will go. Sometimes they give you things you probably don't qualify for, other times they withhold things you should easily warrant. Sometimes things simply come down to individuals interpreting the policies in different ways. Good luck. At least it seems you will be in a good situation either way.
> Yea, apparently local hires don't get to sponsor their family members. HR just requested
> to get my marriage certificate and children's birth certificates, so perhaps this
> is a good sign. Haven't completely dismissed me yet.
-------------------------
Yes, this is the gov't so one never knows how things will go. Sometimes they give you things you probably don't qualify for, other times they withhold things you should easily warrant. Sometimes things simply come down to individuals interpreting the policies in different ways. Good luck. At least it seems you will be in a good situation either way.
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TeacherWNoRoots
- Posts: 5
- Joined: Sun May 07, 2017 3:23 pm
Re: DODEA Contract Problem
If you are granted LQA and as a local hire, be aware that they could, down the road, make a call that you were not actually eligible for those benefits and could stop providing them - and even demand repayment. It's something I saw happen to someone, to the tune of over 100K. The individual left the agency altogether and was very lucky to have the demand removed.
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@TeacherWNoRoots
Thats a distinction without a difference, LQA is a benefit your entitled to based on regs, so its an entitlement. They arent really changeing anything that effects anymore than a very, very, very small population.
Thats not really true, you can be hired OCONUS as long as you arent in the geographical area of the appointment area. if the LW being in JP was appointed to a DS in Germany they would still receive LQA.
Its not really a long shot being in JP, its just not something that can be reliable predicted in a given amount of time. I can easily support the claim that being in JP at some point in your DODDS career (assuming your a career appointee) that you will get a transfer, its less confident the shorter the time frame. Ask if your going to get a transfer in 2 years Id feel far more comfortable saying not likely, but ask if sometime ever you will get an answer and Im nodding my head, especially in JP. Now some DTs in the med are functionally stuck there until they maturate out, at least using the formal transfer system.
Yes, its possible that you could get a demand letter and be retroactively ineligible for LQA, and its happened, but moving from the realm of possible to the realm of probable and if youre in the union that outcome is EXTREMELY UNLIKELY.
@base5555
This is true, because again the only way you can really be a LH is if you have someone elses sponsoring your package. Sounds like your principal is making it happen.
@WT123
Aint that the truth, sometimes I really believe they just use a magic eight ball.
Thats a distinction without a difference, LQA is a benefit your entitled to based on regs, so its an entitlement. They arent really changeing anything that effects anymore than a very, very, very small population.
Thats not really true, you can be hired OCONUS as long as you arent in the geographical area of the appointment area. if the LW being in JP was appointed to a DS in Germany they would still receive LQA.
Its not really a long shot being in JP, its just not something that can be reliable predicted in a given amount of time. I can easily support the claim that being in JP at some point in your DODDS career (assuming your a career appointee) that you will get a transfer, its less confident the shorter the time frame. Ask if your going to get a transfer in 2 years Id feel far more comfortable saying not likely, but ask if sometime ever you will get an answer and Im nodding my head, especially in JP. Now some DTs in the med are functionally stuck there until they maturate out, at least using the formal transfer system.
Yes, its possible that you could get a demand letter and be retroactively ineligible for LQA, and its happened, but moving from the realm of possible to the realm of probable and if youre in the union that outcome is EXTREMELY UNLIKELY.
@base5555
This is true, because again the only way you can really be a LH is if you have someone elses sponsoring your package. Sounds like your principal is making it happen.
@WT123
Aint that the truth, sometimes I really believe they just use a magic eight ball.
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TeacherWNoRoots
- Posts: 5
- Joined: Sun May 07, 2017 3:23 pm
Re: DODEA Contract Problem
@PsyGuy - You're not right - LQA is a recruitment incentive and eligibility does not mean it's an entitlement. The language of the statute includes the term "may grant" which is a legal term meaning there is discretion. It's not something you're entitled to. Entitlement and Benefit, Incentive and Grant, are all specific terms.
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@TeacherWNoRoots
Im definitely not wrong. LQA isnt a recruitment incentive, if that were true, it would expire at some point after you were recruited. Its compensation and always has been since the JTR back with the DOS. Its as much an incentive as your salary is an incentive for you to keep working.
Yeah they really do, if youre eligible for something you become a member of the group thats entitled to that benefit. The language of the regulation makes the may an imperative, this is the classic scenario when "may" really means "shall", there is no discretion as long as the individual maintains eligibility. If your are eligible HRHQ cant say no or deny.
Those terms arent as specific as you think, Im sure ina policy meeting they have more nuance but by the time such policy regulations are published they become much more homogenized.
Im definitely not wrong. LQA isnt a recruitment incentive, if that were true, it would expire at some point after you were recruited. Its compensation and always has been since the JTR back with the DOS. Its as much an incentive as your salary is an incentive for you to keep working.
Yeah they really do, if youre eligible for something you become a member of the group thats entitled to that benefit. The language of the regulation makes the may an imperative, this is the classic scenario when "may" really means "shall", there is no discretion as long as the individual maintains eligibility. If your are eligible HRHQ cant say no or deny.
Those terms arent as specific as you think, Im sure ina policy meeting they have more nuance but by the time such policy regulations are published they become much more homogenized.
Re: DODEA Contract Problem
Just an update. Unfortunately the LQA wasn't approved so we turned down the position. Working for DoDEA is a lot less appealing without housing. Not a total loss though, I made some good contacts, got great recommendations from the admin and can reapply next year and the year after that. Since we will be living in China and I have a position that provides housing, I will then qualify for LQA if offered a job. We are moving to a nice area in China and have no issue waiting it out there while we try to get back in, all while accumulating experience. Plenty of travel opportunities too. Anyways, thanks to all for the advice/support!