Section 6-B1141. RETAINED RATES

 

1141.1This section applies to employees, serving under other than a temporary or term appointment, who are in the Career Service and paid under a District Service salary schedule or a Wage Service rate schedule.

 

1141.2A retained rate shall be granted to an employee whose rate of basic pay would otherwise be reduced as a result of any of the following:

 

(a)A reclassification process;

 

(b)Reduction or elimination of a rate or salary schedule;

 

(c)Movement of an employee from a position with a special rate or special salary to a position with a different special rate or special salary with a lower rate of basic pay than the former position; or

 

(d)The employee no longer meets a specific condition or requirement established by the agency or the Office of Personnel.

 

1141.3When an employee is changed to a lower grade under any of the circumstances specified in § 1141.2, the agency shall pay the employee at any rate of the new grade that does not exceed the employee’s existing rate of basic pay; however, if the employee’s existing rate of basic pay falls between two (2) rates of the new grade, the agency shall pay the employee at the higher rate.

 

1141.4An eligible employee under this section whose existing rate of basic pay exceeds the maximum rate of the grade to which he or she is reduced shall be entitled to a retained rate as provided for in this section.

 

1141.5An employee shall be eligible for a retained rate as provided in § 1141.2 for a period of two (2) years beginning on the effective date of the reduction in grade or salary, if the employee has served for fifty-two (52) consecutive weeks or more in a position on a covered salary or rate schedule at a grade or salary higher than the grade or salary to which reduced.

 

1141.6An employee shall not be eligible for a retained rate under the following circumstances:

 

(a)When a change to lower grade is initiated by the employee for his or her benefit, convenience, or personal advantage, including consent to a change to lower grade in lieu of one as specified in § 1141.6(b);

 

(b)When a change to lower grade is based on cause as set forth in Chapter 16 of these regulations;

 

(c)When the employee (if he or she is a non-unionized employee in the Career Service) does not satisfactorily complete the supervisory or managerial probationary period and is removed from the supervisory or managerial position; or

 

(d)When the employee elects to retreat to the Career Service upon termination from the Management Supervisory Service in accordance with § 954(a) of the CMPA (D.C. Code § 1-609.54(a) (2001)).

 

1141.7An employee who is serving on a temporary promotion at the time he or she is changed to a lower grade shall have his or her existing rate of basic pay determined by the rate of basic pay he or she would have been receiving had the temporary promotion not occurred.

 

1141.8When an employee is promoted, including a temporary promotion during the retained rate period, the agency shall pay the employee at any rate of the new grade that does not exceed the employee’s retained rate; however, if the employee’s retained rate falls between two (2) rates of the grade to which promoted, the agency shall pay the employee at the higher rate.

 

1141.9An employee whose retained rate exceeds the maximum rate of the grade of the position to which he or she is promoted, including temporarily promoted, shall be entitled to the retained rate for the unexpired portion of the retained rate period.

 

1141.10When an employee, during a retained rate period, accepts a temporary promotion to the same grade and step from which reduced upon having been changed to a lower grade, or a higher grade and step, and is then returned to the grade to which he or she was originally changed, the temporary promotion shall not lengthen the retained rate period.

 

1141.11A retained rate and the retained rate period shall cease to apply if any of the following conditions occur:

 

(a)The employee has a break in service of one (1) workday or more;

 

(b)The employee is entitled to a rate of basic pay that is equal to or higher than the retained rate;

 

(c)The employee is subsequently changed to a lower grade for cause or at the employee’s request; or

 

(d)The retained rate period expires.

 

1141.12The retained rate received by an employee during the retained rate period shall be compared to any subsequent increase to the salary or rate schedule from which paid to determine if the employee’s retained rate is equal to or higher than a rate on the new schedule.

 

1141.13When, as a result of an increase to the rate(s) of the grade to which the employee is reduced upon being changed to a lower grade, an employee’s retained rate becomes equal to or lower than a rate of the new grade, the retained rate shall cease and the agency shall adjust the employee’s rate of basic pay as follows:

 

(a)If the retained rate equals a rate in the new grade, the employee shall receive that rate; or

 

(b)If the employee’s retained rate falls between two (2) rates of the new grade, the employee shall receive the higher rate.

 

1141.14When an employee’s retained rate is terminated because of the expiration of the retained rate period, the agency shall adjust his or her rate of basic pay to the maximum rate of the new grade.

 

1141.15If the employee’s rate of basic pay immediately before eligibility for pay retention exceeds the maximum rate of the new grade, the employee shall be entitled to fifty percent (50%) of any subsequent increases in salary or rate schedules established by the Council or Mayor’s authority during the two-year (2-year) pay retention period, except that, at such time as a percentage increase raises the employee’s rate of basic pay to a level equal to or higher than the maximum rate of the grade, the employee’s pay shall be set at the maximum rate of the grade and pay retention shall cease.

 

1141.16An employee who was receiving a retained rate prior to the effective date of this chapter shall be entitled to continue to receive those benefits based upon the laws, rules, and regulations that were in effect on the date the employee became eligible for the retained rate benefits.

 

source

Final Rulemaking published at 52 DCR 934 (February 4, 2005).