(12) When an application has been properly filed before the death of an employee and a favorable decision would entitle the employee to retroactive corrective action, it shall be processed to completion after his death and any appropriate corrective action made by amendment of the records of the agency. (13) The decision on an application shall (i) be based on the record, (ii) be in writing, (iii) inform the employee either in the decision or as an attachment to the decision of the reasons for the decision, including an analysis of the classification of the position (i.e., a comparison of the position with the standard appropriate to the position), and (iv) inform the employee of his right to appeal the decision to OPM and of the time limits within which the appeal must be filed. (c) The agency is responsible for compiling and maintaining a classification review file which shall constitute the record and which shall not contain any document or information which the employee has not been given an opportunity to review. [39 FR 32539, Sept. 9, 1974] § 532.703 Appeal to OPM. (a) An employee may appeal the classification of his position to the Agency Relations Group of OPM only (1) after the agency has issued a decision under the system established under § 532.702, and (2) if he files the appeal with OPM within 15 calendar days after receipt of the decision of the agency. OPM may extend this time limit on a showing by the employee that he was not notified of the applicable time limit and was not otherwise aware of the limit, or that circumstances beyond his control prevented him from filing an appeal within the prescribed time limit. (b) An employee shall make his appeal in writing and shall identify specifically the portions of the decision or classification analysis of the agency with which he disagrees. (c) OPM shall base its decision on the record established in the agency, except that when OPM investigates or audits the position it may take the results of the investigation or audit into consideration. (d) OPM shall notify the employee and the agency in writing of its decision. The effective date of a change in the classification of a position directed by OPM shall be specified in the decision of OPM, computed from the date the employee filed his application with the agency, and determined under § 532.702(b)(11). (e) The appeal of an employee shall be canceled and the employee so notified in the following circumstances: (1) On receipt of his written request; (2) On failure to prosecute, when the employee does not furnish requested information and duly proceed with the advancement of his appeal; however, instead of cancellation for failure to prosecute, an appeal may be adjudicated if the information is sufficient for that purpose. OPM may reopen a canceled appeal on a showing that circumstances beyond the control of the employee prevented him from prosecuting the appeal, or (3) On notice that the employee has left the position, except when he I would be entitled to the retroactive benefits, including benefits allowable after the death of an appellant. (f) An appeal decision made by OPM is final. There is no further right to appeal. The appeal decision constitutes a certificate which is mandatory and binding on all administrative, certifying, payroll, disbursing, and accounting officials of the Government. (g) The Director may, in his or her discretion, reopen and reconsider any previous decision when the party requesting reopening submits written argument or evidence which tends to establish that: (1) New and material evidence is available that was not readily available when the previous decision was issued; (2) The previous decision involves an erroneous interpretation of law or regulation or a misapplication of established policy; or (3) The previous decision is of a precedential nature involving a new or unreviewed policy consideration that may have effects beyond the actual case at hand, or is otherwise of such an exceptional nature as to merit the personal attention of the Director. under the program are excluded from certain provisions of law relating to classification, General Schedule pay, premium pay, leave, and hours of duty. This subpart authorizes the coverage of certain positions under this program and establishes maximum stipends for student-employees in the program. § 534.202 Coverage. In addition to the student-employees specified in 5 U.S.C. 5351(2)(A), the following student-employees are covered under this program, provided they are assigned or attached principally for training purposes to a hospital, clinic, or medical or dental laboratory operated by an agency: (1) Any student-employee whom an agency finds is properly covered under this program, provided that the student-employee is a registered student at an accredited academic institution and that the assignment or attachment for training purposes to the hospital, clinic, or medical or dental laboratory is a part of a medical or dental training program accredited by an appropriate accrediting body; (2) Any student-employee whom an agency finds is properly covered under this program, provided that the student-employee, during the period of assignment or attachment to the hospital, clinic, or medical or dental laboratory, will receive experience or training that is required to obtain a certificate or license in a medical or dental field; or (3) Any student-employee not otherwise covered under this program whom the Office of Personnel Management approves for coverage as a student-employee under this program. § 534.203 Maximum stipends. (a) Except as authorized under paragraph (b) or (c) of this section, stipends are to be set by the agency, subject to the maximum stipends prescribed in the following table: Maximum Stipends Prescribed Academic level of approved training program Below high school graduation... First year college undergraduate Maximums by grade and step GS-1-1 (minus 3 steps). GS-2-1 (minus 3 steps). Maximum Stipends Prescribed—Continued Academic level of approved training program Second year college undergraduate... Maximums by grade and step GS-3-1 (minus 3 steps). GS-5-1 (minus 3 steps). GS-7-1 (minus 3 steps). GS-11-1 (minus 3 steps). GS-11-1 (minus 3 steps). GS-11-1 (minus 3 steps). GS-12-1 (minus 3 steps). GS-12-1 (minus 3 steps). GS-12-4 (minus 3 steps). GS-13-1 (minus 3 steps). GS-14-1 (minus 3 steps). 'The maximum money amount in each case is derived by subtracting from the statutory salary for the appropriate grade a sum equivalent to three step increments of that grade. This amount includes overtime pay, maintenance allowances, and other payments in money or kind. (b) An agency may pay a studentemployee a stipend in excess of the amount prescribed under paragraph (a) of this section only if the Office of Personnel Management has determined that a higher maximum stipend is warranted for the student-employee. (c) Maximum stipends for positions in the Public Health Service in which duty requires intimate contact with persons afflicted with leprosy are increased above the rates prescribed in paragraph (a) of this section to the same extent that additional pay is provided by Public Health Service Regulations (42 CFR 22.1) for employees subject to the General Schedule (Part 531 of this chapter). (d) Overtime pay, maintenance allowances, and other payments in money or kind for a student-employee must be considered as part of the student-employee's stipend for the purposes of this section, and therefore, may not be used to cause the stipend to exceed the maximum stipend established under this section. (e) A trainee at a non-Federal hospital, clinic, or medical or dental laboratory who is assigned to a Federal hospital, clinic, or medical or dental laboratory as an affiliate for a part of his or her training may not receive a stipend from the Federal agency other than any maintenance allowance that is provided. § 534.204 Previous authorizations. The provisions of this subpart do not terminate any authorization approved by the Civil Service Commission or the Office of Personnel Management before February 15, 1979, and such authorizations remain in effect until modified or terminated by an agency or the Office of Personnel Management in accordance with the provisions of this subpart. Subpart C-Scientific and Professional Positions Requiring Specially Qualified Personnel § 534.301 Approval of agency pay determinations and adjustments. Each rate of pay fixed for a scientific or professional position requiring specially qualified personnel under section 5361 of title 5, United States Code, or a similar statute, is subject to the prior approval of OPM. The prior approval of OPM is required for both original and subsequent appointments to these positions, and for the pay adjustment for an incumbent of such a position. When the agency requests the approval of OPM for a rate of pay or a pay adjustment, it shall submit adequate supporting information. (5 U.S.C. 5361) [33 FR 12456, Sept. 4, 1968] § 536.102 Section 5361 of title 5, United States Code. Section 5361 of title 5, United States Code provides: "Sec. 5361. Definitions. "For the purpose of this subchapter "(1) 'employee' means an employee to whom chapter 51 of this title applies, and a prevailing rate employee, as defined by section 5342(a)(2) of this title, whose employ. ment is other than on a temporary or term basis; "(2) 'agency' has the meaning given it by section 5102 of this title; "(3) 'retained grade' means the grade used for determining benefits to which an employee to whom section 5362 of this title applies is entitled; "(4) 'rate of basic pay' means, in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343 of this title; "(5) 'covered pay schedule' means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or the merit pay system under chapter 54 of this title; "(6) position subject to this subchapter' means any position under a covered pay schedule; and *(7) 'reduction-in-force procedures' means procedures applied in carrying out any reduction in force due to a reorganization, due to lack of funds or curtailment of work, or due to any other factor. § 536.103 Section 5362 of title 5, United States Code. Section 5362 of title 5, United States Code provides: "Sec. 5362. Grade retention following a change of positions or reclassification. "(a) Any employee "(1) who is placed as a result of reductionin-force procedures from a position subject to this subchapter to another position which is subject to this subchapter and which is in a lower grade than the previous position, and "(2) who has served for 52 consecutive weeks or more in one or more positions subject to this subchapter at a grade or grades higher than that of the new position, is entitled, to the extent provided in subsection (c) of this section, to have the grade of the position held immediatley before such placement be considered to be the retained grade of the employee in any position he holds for the 2-year period beginning on the date of such placement. "(b) (1) Any employee who is in a position subject to this subchapter and whose position has been reduced in grade is entitled, to the extent provided in subsection (c) of this section, to have the grade of such position before reduction be treated as the retained grade of such employee for the 2-year period beginning on the date of the reduction in grade. "(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any reduction in the grade of a position which had not been classified at the higher grade for a continuous period of at least one year immediately before such reduction. "(c) For the 2-year period referred to in subsections (a) and (b) of this section, the retained grade of an employee under such subsection (a) or (b) shall be treated as the grade of the employee's position for all purposes (including pay and pay administration under this chapter and chapters 54 and 55 of this title, retirement and life insurance under chapters 83 and 87 of this title, and eligibility for training and promotion under this title) except "(1) for purposes of subsection (a) of this section, "(2) for purposes of applying any reduc tion-in-force procedures, "(3) for purposes of determining whether the employee is covered by the merit pay system established under section 5402 of this title, or "(4) for such other purposes as the Office of Personnel Management may provide by regulation. "(d) The foregoing provisions of this section shall cease to apply to an employee who "(1) has a break in service of one workday or more; "(2) is demoted (determined without regard to this section) for personal cause or at the employee's request; "(3) is placed in, or declines a reasonable offer of, a position the grade of which is equal to or higher than the retained grade; "(3) who is in a position subject to this subchapter and who (but for this section) would be subject to a reduction in pay under circumstances prescribed by the Office of Personnel Management by regulation to warrant the application of this section; is entitled to basic pay at a rate equal to (A) the employee's allowable former rate of basic pay, plus (B) 50 percent of the amount of each increase in the maximum rate of basic pay payable for the grade of the employee's position immediately after such reduction in pay if such allowable former rate exceeds such maximum rate for such grade. "(b) For the purpose of subsection (a) of this section, 'allowable former rate of basic pay' means the lower of— "(1) the rate of basic pay payable to the employee immediately before the reduction in pay; or "(2) 150 percent of the maximum rate of basic pay payable for the grade of the employee's position immediately after such reduction in pay. "(c) The preceding provisions of this section shall cease to apply to an employee who |