Section 6-B1130. CAREER SERVICE POSITION CHANGES - SETTING PAY

 

1130.1Except as may be provided elsewhere in this chapter, this section shall be used to determine the appropriate rate of basic pay upon either of the following:

 

(a)Reinstatement to or a promotion in a position in the Career Service paid under a salary or rate schedule with steps;

 

(b)Movement without a break in service of a Career Service employee from a Career Service position paid under a salary or rate schedule with steps to another Career Service position paid under a salary or rate schedule with steps; or

 

(c)Reclassification of an encumbered Career Service position involving salary or rate schedules with steps.

 

1130.2When an employee moves without a break in service from a non-union Career Service position at grade levels 15/16 or 16/17 to a Career Service position under a CS salary schedule with steps, the rate of basic pay on the CS salary schedule shall be set at any step of the grade that does not exceed the employee’s highest previous rate.

 

1130.3When any action moves an employee from a CS salary schedule (“current” schedule) to another grade within the same CS salary schedule or to any grade within another CS salary schedule or Wage Service rate schedule (“new” schedule), the rate of pay on the new schedule shall be determined under one (1) of the following, as appropriate:

 

(a)If one hundred one percent (101%) of the representative rate, as defined in sections 1131.11 and 1199 of this chapter, of the employee’s grade in his or her current schedule is less than the representative rate of the grade to which he or she is being assigned in either the same schedule or a new schedule, the movement constitutes a promotion, and the employee shall be entitled to one (1) of the following:

 

(1)Basic pay at the lowest rate of the new grade that is equivalent to his or her existing rate of basic pay plus two (2) step increases of the current grade;

 

(2)If the rate determined in (1) above falls between two (2) rates of the new grade, he or she shall be entitled to the higher rate; or

 

(3)If the rate determined in (1) above is higher than any rate of the new grade, he or she shall be entitled to the maximum rate of the new grade.

 

(b)If one hundred one percent (101%) of the representative rate, as defined in sections 1131.11 and 1199 of this chapter, of the employee’s grade in his or her current schedule is equal to or more than the representative rate of the grade to which he or she is being assigned in either the same schedule or a new schedule, the movement constitutes a reassignment (when “equal to”) or a change to lower grade (when “more than”), and the agency may pay the employee in accordance with either of the following:

 

(1)The agency may pay the employee at any rate of the new grade that does not exceed his or her highest previous rate; or

 

(2)If the employee’s highest previous rate falls between two (2) rates of the new grade, the agency may pay the employee at the higher rate.

 

1130.4When any action moves an employee from one Wage Service rate schedule (“current” schedule) to another grade within the same rate schedule or to any grade within another Wage Service rate schedule or CS salary schedule (“new” schedule), the rate of pay on the new schedule shall be determined under one (1) of the following, as appropriate:

 

(a)If one hundred one percent (101%) of the representative rate, as defined in sections 1131.11 and 1199 of this chapter, of the employee’s grade in his or her current schedule is less than the representative rate of the grade to which he or she is being assigned in either the same schedule or a new schedule, the movement constitutes a promotion, and the employee shall be entitled to one (1) of the following:

 

(1)Basic pay at the lowest rate of the new grade that is equivalent to his or her existing rate of basic pay plus a two (2) step increase of the current grade (for a rate schedule with ten (10) steps);

 

(2)If the rate determined in (1) above falls between two (2) rates of the new grade, he or she shall be entitled to the higher rate; or

 

(3)If the rate determined in (1) above is higher than any rate of the new grade, he or she shall be entitled to the maximum rate of the new grade.

 

(b)If one hundred one percent (101%) of the representative rate, as defined in sections 1131.11 or 1199 of this chapter, of the employee’s grade in his or her current schedule is equal to or more than the representative rate of the grade to which he or she is being assigned in either the same schedule or a new schedule, the movement constitutes a reassignment (when “equal to”) or a change to lower grade (when “more than”), and the agency may pay the employee in accordance with either of the following:

 

(1)The agency may pay the employee at any rate of the new grade that does not exceed his or her highest previous rate; or

 

(2)If the employee’s highest previous rate falls between two (2) rates of the new grade, the agency may pay the employee at the higher rate.

 

1130.5When an employee is reinstated in accordance with Chapter 8 of these regulations, the agency may pay the employee at any rate of the grade that does not exceed his or her highest previous rate; however, if the employee’s highest previous rate falls between two (2) rates of the new grade, the agency may pay the employee at the higher rate.

 

1130.6When an encumbered position is reclassified from the Wage Service Rate System into a Career Service salary schedule with steps under the District Service Salary System, the agency shall pay the employee at the highest rate of the new grade that does not exceed his or her highest previous rate; however, if the employee’s highest previous rate falls between two (2) rates of the new grade, the agency shall pay the employee at the higher rate.  If the employee’s highest previous rate exceeds the maximum rate of the new grade, and the employee is not eligible for a retained rate in accordance with section 1141 of this chapter, the employee shall receive the maximum rate of the new grade.

 

1130.7The highest previous rate shall be based on a scheduled tour of duty at a rate under an appointment not limited to ninety (90) days or less, or for a continuous period of not less than ninety (90) days under one (1) or more temporary appointments without a break in service.

 

1130.8Except as provided in section 1130.9 of this section, when an employee’s rate of basic pay is one received under the higher minimum rate provision, the highest previous rate shall be the rate to which he or she would have been entitled had the special rate or special salary not applied.

 

1130.9With the prior approval of the personnel authority, an agency may use a special rate or special salary as the highest previous rate when both of the following are true:

 

(a)The employee is reassigned to a position for which no special rate or special salary, or a lesser special rate or special salary, has been established; and

 

(b)The agency head determines that the need for the employee’s services, and his or her contribution to the agency’s program, will be greater in the position to which reassigned.

 

1130.10In the application of the highest previous rate provisions, a rate of pay earned under any District government salary or rate schedule shall be the current rate of the same grade and step of that schedule.

 

1130.11Upon completion or termination of a term or temporary promotion, the agency shall return the employee to the position from which he or she was promoted or to a position of equivalent grade. If the employee served one (1) year or less in the temporary or term promotion, the pay in the grade to which returned shall be at the step the employee would have attained had the promotion not occurred. If the employee served more than one (1) year in the temporary or term promotion, the pay received in the promotion may be used as the highest previous rate when returned to the former grade.

 

1130.12An employee who fails to successfully complete a supervisory probationary period and is returned to the grade from which he or she was promoted shall not be entitled to the highest previous rate provisions or a retained rate, but shall be returned to a position of no lower grade than the employee left to accept the supervisory or managerial position and at the step the employee would have attained but for the managerial or supervisory appointment.

 

1130.13Whenever a special rate or special salary schedule is established, the salary of an employee covered by the special rate or special salary shall be adjusted to the step and grade on the special rate or special salary schedule that corresponds to his or her existing step and grade.

 

1130.14When an employee is receiving a retained rate under section 1141.2 of this chapter and his or her position becomes subject to a special rate or special salary schedule, the employee’s pay shall be adjusted under the provisions of the highest previous rate rule without regard to his or her retained rate.  However, if the employee’s retained rate is higher than the maximum rate of the special rate or special salary schedule, the employee shall be entitled to receive the retained rate for the remainder of the retained rate period and then shall be placed at the maximum rate of the special rate or special salary schedule.

 

1130.15The Director, DCHR, shall initiate action to discontinue or revise special rates or special salaries when these rates are no longer necessary for recruitment and retention of personnel.

 

1130.16When special rates or special salaries for a position are discontinued, the rate of basic pay for an employee shall be determined as follows:

 

(a)If the employee is receiving a rate of basic pay equal to one of the rates on the appropriate schedule for his or her grade, the employee’s basic pay shall be fixed at that rate;

 

(b)If the employee is receiving a rate of basic pay at a rate between two (2) rates on a salary or rate schedule for his or her grade, the employee’s basic pay shall be fixed at the higher of the two (2) rates; or

 

(c)If the employee is receiving a rate of basic pay in excess of the maximum rate under the appropriate schedule for his or her grade, the employee’s rate of basic pay shall be fixed in accordance with the provisions of section 1141 of this chapter.

 

source

Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008).