Section 6-B903. PAY PLAN AND PAY-FOR-PERFORMANCE SYSTEM FOR THE EXCEPTED SERVICE

 

903.1An Excepted Service Pay Schedule (“ES Schedule”) is the basic pay schedule for all Excepted Service positions.  The ES Schedule, which was approved on July 6, 2005 by Council Resolution No. 16-219, is a merit-based pay plan that provides for market competitive open-salary ranges with progression based on performance, and replaced the salary schedule structure for Excepted Service positions consisting of pay levels and ten (10) steps. 

 

903.2The structure and application of the ES Schedule provides flexibility in hiring and compensation for Excepted Service positions.  Some of the features of a merit-based pay plan such as the ES Schedule are:

 

 (a) Merit pay or pay for performance systems providing the flexibility to:

 

(1)Combine merit or performance-based increases with what is commonly known as “cost-of-living-adjustments” or “market adjustments;” or

 

(2) Base the total salary increase the employee receives solely on merit (performance);  

 

(b) Base-pay increases vary in direct relationship to each employee’s performance level;

 

(c)The system differentiates between various levels of performance and rewards employees through additional compensation accordingly;

 

(d)Success of the system depends on accurate and realistic performance evaluations by supervisors; and

 

(e)The system provides flexibility for varying budget constraints and revenues.   

 

903.3The ES Schedule is divided into eleven (11) pay levels (ES 1 through ES 11).  Each pay level has an open range with a “minimum,” “midpoint,” and “maximum” as reference points of the range.

 

903.4Application of the ES Schedule shall ensure compliance with the principle of equal pay for substantially equal work contained in § 1103(a)(2) of the CMPA (D.C. Official § 1-611.03(a)(2) (2012 Repl.)).

 

903.5As appropriate, the compensation provisions contained in Chapter 11 of these regulations shall apply to Excepted Service employees.

 

903.6Eligible employees paid under the ES Schedule shall not receive more than one (1) salary increase in a calendar year (annual salary increase). 

 

903.7Except as otherwise determined by the Mayor (or designee), or personnel authority, an annual salary increase for an employee paid under the ES Schedule shall become effective on the last full biweekly pay period in the calendar year (pay period number twenty-six (26)), or pay period number twenty-seven (27), as may occur from time to time). 

 

903.8An employee paid under the ES Schedule shall be eligible for an annual salary increase if:      

 

(a)The employee received a Performance Plan for the year; and

 

(b)The employee’s level of competence and job performance is determined to be acceptable or better, as evidenced by a performance rating of “Meets Expectations” (its equivalent) or higher, for Excepted Service employees whose performance is rated using the Performance Management Plan in Chapter 14 of these regulations.

 

903.9Whether an employee who is eligible to receive an annual salary increase under
§ 903.8 is actually awarded an annual salary increase, and the type and size of an annual salary increase awarded, shall be determined in accordance with the provisions of Chapter 11 of these regulations.

 

903.10An annual salary increase may consist of:

 

(a)A market adjustment;

 

(b)A merit-pay increase based on performance as specified in § 903.7(a); or

 

(c)A market adjustment, plus a merit-pay increase based on performance as specified in §§ 903.8(a) and (b) combined.   

 

903.11Each personnel authority, in consultation with the Office of the Chief Financial Officer, shall:

 

(a)Plan for and determine the payroll cost of annual salary increases every year for agency Excepted Service employees who meet the requirements in § 903.7(a) and (b);

 

(b)Determine the total percentage of the annual salary increases for these employees; and

 

(c)Communicate the plan to agency heads every year. 

 

903.12An eligible Excepted Service employee whose salary is at the top of the range for the pay level of the position he or she occupies and who meets the requirements in §§ 903.8(a) and (b), shall receive a one-time (1-time) lump sum payment for the calendar year in question, the amount of which shall not exceed the total percentage afforded to other eligible agency employees with the same performance rating.           

 

903.13The Director, D.C. Department of Human Resources (Director of the DCHR), shall determine the salary levels for Capital City Fellows assigned to subordinate agencies.

 

903.14The salary of an employee paid under the ES Schedule may be reduced in accordance with Chapter 11 of these regulations. 

 

903.15Nothing in this section shall prevent Excepted Service employees paid under the ES Schedule from receiving performance incentives and incentives awards in accordance with § 912 and Chapter 19 of this subtitle.

 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, with the concurrence of the City Administrator, and in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-609.01, 1-609.02(c), and 1-609.03(a) et seq. (2014 Repl.)).

source

Final Rulemaking published at 32 DCR 2271 (April 26, 1985); as amended by Final Rulemaking published at 47 DCR 8093 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 4743 (June 13, 2003); as amended by Final Rulemaking published at 53 DCR 5495 (July 7, 2006); as amended by Final Rulemaking published at 55 DCR 7953 (July 25, 2008); as amended by Final Rulemaking published at 62 DCR 14869 (November 13, 2015).