Section 5-E1107. SALARY RETENTION

 

1107.1An employee who has been placed in a lower grade position through no fault of the employee shall retain his or her current grade for two (2) years from the date of demotion, and the employee’s pay will not be reduced.

 

1107.2At the end of the two (2) year salary retention period, the grade of the employee shall be lowered.

 

1107.3If the employee’s pay at the end of the retention period exceeds the maximum rate of his or her new grade, the employee shall retain the current rate of pay, but will receive only fifty percent (50%) of subsequent step increases until the pay is lower than or equal to the maximum rate of the new grade, at which time the employee will receive full step increases.

 

1107.4An employee shall not be eligible for salary retention in the following circumstances:

 

(a)If the employee is serving on a temporary promotion;

 

(b)If the employee has served less than three (3) months in the grade with permanent or probationary status;

 

(c)If the demotion was for personal cause based on the character, conduct, or inefficiency of the employee;

 

(d)If the demotion resulted from a reduction-in-force due to lack of funds or curtailment of work;

 

(e)If the demotion was requested or consented to by the employee in place of any proposed adverse action (such as separation) for personal cause; or

 

(f)If the employee is serving in a coterminous position.

 

1107.5The special benefits under this section shall continue only so long as the employee remains in the same position.

 

1107.6Salary retention rights shall be forfeited if a break in service of one (1) day or more occurs during the two (2) year retention period.

 

source

Final Rulemaking published at 27 DCR 4297, 4325 (October 3, 1980); as amended by Final Rulemaking published at 40 DCR 1572 (February 26, 1993).