The Code of Federal Regulations of the United States of America

§ 531.303 Use of authority.

In determining whether to use the authority under section 5333(b) of title 5, United States Code, and this subpart, an agency shall consider (a) the relative rate-ranges of the supervisor and the wage board employee supervised by him as well as the specific rate either is receiving at the time, and (b) the equities among supervisors in the same organizational entity as well as the equities between the supervisor and the wage board employee supervised by him.

§ 531.304 Requirements for entitlement.

(a) Basic. Before an agency may adjust the pay of a supervisor under section 5333(b) of title 5, United States Code, and this subpart, it must find that (1) the supervisor regularly has responsibility for supervision (which must include supervision over the technical aspects of the work concerned) over one or more wage board employees, and (2) the rate of basic pay for the supervisor is less than the rate of basic pay for the wage board employee supervised by him.

(b) Regular responsibility. A supervisor regularly has responsibility for supervision when this responsibility is a continuing assignment as reflected in his official position description.

(c) Responsibility for supervision. A supervisor has responsibility for supervision (including supervision over the technical aspects of the work concerned) when he has relatively frequent personal contact with the wage board employees in the unit in connection with assigned work and when he personally or through an intermediate wage board supervisor:

(1) Determines assignments or duties for individual wage board employees; (2) Makes reviews of work products of individual wage board employees when the reviews require a substantial subject matter or technical knowledge;

(3) Plans and organizes work with primary emphasis on distribution of assignments, workloads of individual wage board employees, work item priorities, and schedules for timely completion of work items, projects or cases;

(4) Provides advice, assistance, counsel, or instructions to individual wage board employees;

(5) Evaluates the performance of individual wage board employees; and

(6) Serves as the focal point for discussion of problems arising from, or associated with, specific work products of the unit.

(d) Rate of basic pay. (1) In comparing the rate of basic pay for a supervisor with the rate of basic pay for a wage board employee supervised by him, an agency shall exclude from the wage board employee's rate (i) any irregular prevailing rate, such as a re

tained rate not related to his current position, and (ii) night differential.

(2) When an agency excludes an irregular prevailing rate for the wage board employee from comparison, the agency shall consider the highest rate of the regular prevailing rate for the position occupied by the wage board employee.

§ 531.305 Adjustment of rates.

(a) Rate payable to supervisor. (1) Except as provided in paragraph (a)(2) of this section, when an agency decides to adjust the rate of pay for a supervisor under section 5333(b) of title 5, United States Code, and this subpart, it shall adjust his rate of pay to the nearest rate (but not above the maximum rate) of his grade which exceeds the highest rate of basic pay (excluding night differential) paid to any wage board employee for whom the supervisor regularly has responsibility for supervision.

(2) When a supervisor is in an area in which he receives a cost-of-living allowance or post differential based on hardship, and the wage board employee he supervises does not receive a separately stated cost-of-living allowance or post differential, the agency shall add to the supervisor's rate of basic pay his cost-of-living allowance or post differential and use the total to adjust his rate of pay under paragraph (a)(1) of this section.

(b) Documentation. The agency shall record the basis for the determination of the supervisor's adjusted rate in his Official Personnel Folder.

(c) Effective date. The adjustment of a supervisor's rate of pay under this subpart is effective on the first day of the first pay period following the date on which the agency determines to make the adjustment under section 5333(b) of title 5, United States Code, and this subpart.

(d) Equivalent increase. An adjustment in pay under section 5333(b) of title 5, United States Code, and this subpart is an equivalent increase in pay under section 5335 of title 5, United States Code.

Subpart D-Within-Grade Increases

§ 531.401 Scope.

(a) Applicability. Within-grade increases provided in sections 5335 and 5336 of title 5, United States Code, apply to both full-time and non-fulltime employees who occupy permanent positions subject to the General Schedule and who are paid on an annual basis.

(b) Entitlement. An agency shall determine an employee's entitlement to within-grade increases in accordance with sections 5335 and 5336 of title 5, United States Code, and this subpart.

§ 531.402 Definitions.

In this subpart:

(a) “Agency" has the meaning given that word by section 5102 of title 5, United States Code.

(b) "Employee" means an employee of an agency to whom this subpart applies.

(d) "Permanent position" means one filled on a permanent basis, that is by an appointment not designated as temporary by law and not having a definite time limitation.

(e) "Quality increase" means an additional within-grade increase in accordance with section 5336 of title 5, United States Code, and this subpart in recognition of high quality performance above that ordinarily found in the type of position concerned.

(f) "Rate of basic pay" means the rate of pay fixed by law or administrative action for the position held by an employee before any deductions and exclusive of additional pay of any kind.

(g) "Waiting period" means the minimum time requirement of creditable service to become eligible for consideration for a within-grade increase.

(h) "Within-grade increase" means an increase in an employee's rate of basic pay from one rate of his grade to the next in accordance with section 5335 of title 5, United States Code, and this subpart, and is synonymous with the term "step increase" as used in

sections 5335 and 5336 of title 5, United States Code.

§ 531.403 Within-grade increases—waiting period.

(a) (1) For a full-time employee, and for a non-full-time employee with a prearranged regularly scheduled tour of duty, the waiting periods for advancement to the following rates in all grades are:

(i) Rates 2, 3, and 4-52 calendar weeks of creditable service.

(ii) Rates 5, 6, and 7-104 calendar weeks of creditable service.

(iii) Rates 8, 9, and 10-156 calendar weeks of creditable service.

(2) For a non-full-time employee without a prearranged regularly scheduled tour of duty, the waiting periods for advancement to the following rates in all grades are:

(i) Rates 2, 3, and 4-260 days of creditable service in a pay status over a period of not less than 52 calendar weeks.

(ii) Rates 5, 6, and 7-520 days of creditable service in a pay status over a period of not less than 104 calendar weeks.

(iii) Rates 8, 9, and 10-780 days of creditable service in a pay status over a period of not less than 156 calendar weeks.

(b) A waiting period begins:

(1) On a new appointment as an employee of the Federal Government or the government of the District of Columbia;

(2) After a break in service or a nonpay status in excess of 52 calendar weeks; or

(3) On receiving an equivalent in

crease.

§ 531.404 Creditable service-waiting period.

(a) Continuous civilian employment in any branch of the Federal Government (executive, legislative, or judicial) or in the government of the District of Columbia is creditable service in the computation of a waiting period. Service credit is given during this employment for periods of annual, sick, and other leave with pay;

advanced annual and sick leave; service under a temporary appointment; and service paid for at a daily or hourly rate. The waiting period is not interrupted by nonworkdays intervening between an employee's last regularly scheduled workday in one position and his first regularly scheduled workday in a new position.

(b) For a full-time employee, and a non-full-time employee with a prearranged regularly scheduled tour of duty, time in a nonpay status, except as provided in § 531.405(b), is creditable service in the computation of a waiting period when it does not exceed, in the aggregate:

(1) Two workweeks in the waiting period for rates 2, 3, and 4;

(2) Four workweeks in the waiting period for rates 5, 6, and 7; and

(3) Six workweeks in the waiting period for rates 8, 9, and 10.

When an employee has time in a nonpay status in excess thereof, he shall make it up with creditable service before his next within-grade increase is effected.

(c) (1) Leave of absence granted to an employee because of an injury for which compensation is payable under subchapter I of chapter 81 of title 5, United States Code, is creditable service in the computation of a waiting period.

(2) An employee who is separated by his agency as a result of an injury incurred while in the performance of duty, and who is entitled to a continuation of pay or compensation pursuant to subchapter I of chapter 81 of title 5, United States Code, is entitled, upon reemployment with the Federal Government, to have the entire time, during which he was receiving compensation or continuation of pay, counted as creditable service in the computation of a waiting period.

(d) Service with the Armed Forces during a period of war or national emergency is creditable service in the computation of a waiting period when an employee leaves his civilian position to enter the Armed Forces and he is (1) reemployed in a position subject to the General Schedule not later than 52 calendar weeks after separation from active military duty, or (2) restored to his civilian position after

separation from active military duty or hospitalization continuing thereafter as provided by law.

(e) The period from the date of an employee's separation with a reemployment right granted by law, Executive order, or regulation to the date of his return to duty through the exercise of that right is creditable service in the computation of a waiting period.

(f) Service in essential non-Government civilian employment in the public interest during a period of war or national emergency is creditable service in the computation of a waiting period when it interrupts otherwise creditable service.

(g) The period of leave without pay during an employee's assignment with a State or local government or institution of higher education under sections 3371-3376 of title 5, United States Code, is creditable service in the computation of a waiting period. (5 U.S.C. 8151)

[33 FR 12448, Sept. 4, 1968, as amended at 37 FR 6568, Mar. 31, 1972; 40 FR 23838, June 3, 1975]

The following is not creditable service in the computation of a waiting period:

(a) Service at overtime rates;

(b) Service before a single nonpay period or a break in service when the nonpay period or break in service exceeds 52 calendar weeks, and any part of a nonpay period of more than 52 calendar weeks;

(d) The period between the date an employee leaves his civilian position to enter the Armed Forces and the date of his reemployment in a position subject to the General Schedule when his reemployment is not within 52 continuous calendar weeks from the date of his discharge from the Armed Forces, except in instances of restoration provided by law.

§ 531.406 Equivalent increase.

(a) Except as otherwise provided in this section, equivalent increase, as used in section 5335 of title 5, United States Code, and this subpart, is an increase or increases in an employee's rate of basic pay equal to or greater than the amount of the within-grade increase for the grade in which the employee is serving.

(b) When an employee has served in more than one grade during the waiting period under consideration and it is necessary to determine whether he received an equivalent increase in a prior grade, an equivalent increase is an increase or increases in his rate of basic pay equal to or greater than the amount of the within-grade increase for the prior grade.

(c) When an employee receives more than one increase in his rate of basic pay during the waiting period under consideration, no one of which is an equivalent increase, the first and subsequent increases are added until they amount to an equivalent increase, at which time he is deemed to have received an equivalent increase.

(d) For the purpose of paragraphs (b) and (c) of this section, the waiting period under consideration is the waiting period immediately preceding an employee's current entry into the rate of the grade in which he is serving.

§ 531.407 Work of an acceptable level of competence.

(a) Responsibility. (1) The head of an agency is responsible for determining what constitutes an acceptable level of competence and for determining which employees are performing at an acceptable level of competence.

(2) The head of an agency may delegate this authority to the appropriate supervisory level in his agency.

(b) Communication. An agency shall establish procedures that ensure:

(1) That supervisors keep their employees currently advised of their performance, and

(2) That at least 60 days in advance of the date on which an employee will complete his waiting period, his supervisor shall inform him of any factor that raises a question about the employee's work being of an acceptable level of competence. However, a fail

ure to inform or timely inform an employee under this paragraph does not delay or otherwise affect the determination required to be made under section 5335 of title 5, United States Code, and this section.

(c) Determination. (1) In making his determinations, the head of an agency of his designee shall make effective use of this authority to stimulate optimum performance among his employees and:

(i) Shall not award within-grade increases to employees who do not clearly meet the statutory standard for such award, recognizing that for these increases performance must be of sufficient level to merit a pay increase, not just adequate for retention on the job; and

(ii) Shall award within-grade increases to employees when they do clearly meet that standard and meet the other requirement of this subpart.

(2) The head of the agency or his designee in determining whether an employee's work is of an acceptable level of competence shall:

(i) Base his determination on the essential requirements of the employee's position;

(ii) Make the determination as of the completion of the waiting period;

(iii) Base his determination on the employee's performance during the waiting period; and

(iv) Record the determination in writing.

(3) When the head of an agency or his designee determines that an employee's work is not of an acceptable level of competence (hereinafter referred to as a "negative determination") under paragraph (c)(2) of this section, he shall inform the employee in writing, not later than the completion of the waiting period:

(i) Of the basis for the negative determination; and

(ii) of the employee's right to secure reconsideration of the negative determination as provided by paragraph (d) of this section and of the time limits within which the employee may request reconsideration.

(4) Failure to inform an employee of a negative determination as required by paragraph (a)(3) of this section

may not be the basis for changing a negative determination.

(5) When the head of an agency or his designee makes a negative determination without informing the employee 60 days in advance as provided by paragraph (b) of this section, he shall make another determination not later than 60 days after the date on which the employee completed the waiting period.

(d) Reconsideration. (1) The agency shall give the employee an opportunity to secure reconsideration of the negative determination when the employee makes a request in writing within 15 calendar days of his receipt of the notice of the agency's negative determination. The agency shall extend this time limit when it finds that the employee:

(i) Was not notified of the tire limit and was not otherwise aware of, or (ii) Was prevented by circumstances beyond his control from requesting reconsideration within the time limit.

(2) An agency, in processing a request for reconsideration of a negative determination, shall use a uniform procedure that ensures:

(i) A prompt decision in writing by a higher level in the organization, where that exists, which took no part, formally or informally, in the original decision;

(ii) The right of the employee to have a representative of his own choosing in presenting his request;

(iii) The opportunity for the employee to contest, personally and in writing, the basis for the negative determination;

(iv) The freedom of the employee and his representative from restraint, interference coercion, discrimination, or reprisal in connection with the presentation of the request; and

(v) A reasonable amount of official time by the employee and his representative in presenting the request.

(3) When the decision on the employee's request for reconsideration sustains the original negative determination, the notice of decision shall inform the employee of his or her right to appeal that decision to the Merit Systems Protection Board under the provisions of the Board's regula

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