Section 6-B1199. DEFINITIONS

 

1199.1In this chapter, the following terms have the meaning ascribed:

 

Active duty - full-time duty in the active military service of the United States for the Operation Enduring Freedom conflict, or, in preparation for, or, for the Operation Iraqi Freedom conflict.

 

Administrative closing leave - additional time off earned by an emergency employee on an hour-for-hour basis as compensation for work actually performed during a designated emergency.

 

Administrative closing pay - additional pay earned by an emergency employee on an hour-for-hour basis as compensation for work actually performed during a designated emergency.

 

Administrative workweek - a period of seven (7) consecutive calendar days, Sunday through Saturday.

 

Agency - the meaning set forth in § 301(a) of the CMPA (D.C. Official Code § 1-603.01(1) (2001)), excluding the courts.

 

Agency head - the highest executive official of an agency or an official who has been delegated the authority to act for that official in the matter concerned.

 

Armed forces - has the meaning prescribed in 10 U.S.C. § 101 (a)(4).

 

Basic military pay - the basic pay under 37 U.S.C. § 204.

 

Basic pay - the employee’s scheduled rate of pay plus any additional pay that is defined as basic pay for annuity computation purposes in the retirement system in which the employee is a participant.

 

Basic workweek - except as otherwise provided, a workweek of not more than forty (40) hours per week, in a period of not more than five (5) days during an administrative workweek.

 

Biweekly pay period - two (2) consecutive administrative workweeks as established by the pay authority.

 

Cafeteria plan - common name (sometimes also called “flexplan”) for a plan offered under § 125 of the Internal Revenue Code, under which an employee chooses benefits from a “menu” of choices.

 

Calendar week - a period of seven (7) consecutive calendar days, Sunday through Saturday.

 

Career Service - positions in the District government as provided in §§ 801 and 204 of the CMPA (D.C. Official Code §§ 1-608.01 and 1-602.04 (2001)).

 

Change to lower grade - the change of an employee to a lower grade when both the old and new positions are under the same salary or rate schedule.

 

Compensatory time - time off in lieu of overtime pay for overtime work performed.

 

Consultant - a person who serves as an advisor to an officer or instrumentality of the District government, as distinguished from an officer or employee who carries out the agency’s duties and responsibilities. A consultant gives views or opinions on problems or questions presented by the agency, but neither performs nor supervises performance of operating functions. The person is expert in the field in which he or she advises, but need not be a specialist. A person’s expertness may consist of a high order of broad administrative, professional, or technical experience indicating that his or her ability and knowledge make his or her advice distinctively valuable to the agency.

 

Days - calendar days, unless otherwise specified.

 

Dependent - an individual as defined in § 152 of the Internal Revenue Code.

 

District Service Salary System - the basic pay system for positions that are classified pursuant to § 1101 of these regulations and for which compensation is established on an annual basis.

 

District Service salary schedules - the pay schedules applicable to employees who are paid under the District Service Salary System.

 

Emergency employee - an employee who, pursuant to Chapter 12 of these regulations, is designated in writing by an agency head as one who must remain on duty or report to duty to provide minimum required services during a period of early dismissal or government closings, or when it is deemed appropriate in the public interest to excuse most employees from duty because of an unusual situation.

 

Employee - any full-time permanent, indefinite, or term employee who serves in a reserve component of the United States Armed Forces and who has been called to active duty as a result of the Operation Enduring Freedom conflict, or in preparation for, or as a result of the Operation Iraqi Freedom conflict.

 

Equivalent increase - an increase or increases in the employee’s rate of basic pay equal to or greater than the amount of a within-grade increase in the grade in which the employee is serving.

 

Excepted Service - positions identified as being statutory, transitional, public employment, special category, training, or policy positions and authorized by title IX of the CMPA (D.C. Official Code §1-609.01 et seq. (2001)). These positions are not in the Career, Legal, or Management Supervisory Service.

 

Executive Service - subordinate agency heads whom the Mayor is authorized to appoint in accordance with title X-A of the CMPA (D.C. Official Code § 1-610.51 et seq. (2001)).

 

Existing rate of basic pay - the rate of basic pay received immediately before the effective date of transfer, reassignment, promotion, change to lower grade, within-grade increase, or salary or rate schedule revision.

 

Expert - an expert may be a person who performs or supervises regular duties and operating functions and includes (a) a person with excellent qualifications and a high degree of attainment in a professional, scientific, technical, or other field; and (b) certain members of boards or commissions.

 

Flexible spending account - an account provided as part of a cafeteria plan which allows an employee to fund medical care expenses on a pre-tax basis which are not covered under other medical benefits coverage and dependent care expenses. The employee claims reimbursement for such expenses from funds in the account, up to the total contributed to the account for that year.

 

Garnishment - a legal obligation served through a writ, court order, or summons from the District of Columbia Superior Court or a U.S. District Court of competent jurisdiction on behalf of a claimant concerning the attachment of pay to satisfy an employee’s obligation to pay alimony, child support, or both.

 

Health care expense - an expense related to the diagnosis, cure, mitigation, treatment, or prevention of disease consisting of expenses for medical care within the meaning of § 213 of the Internal Revenue Code.

 

Holiday premium pay - additional pay for holiday work.

 

Holiday work - all work performed within an employee’s scheduled tour of duty on a day designated as a holiday under § 1202 of the CMPA (D.C. Official Code § 1-612.02 (2001)) or established as an in-lieu-of day when an employee’s regularly scheduled day off falls on a holiday.

 

Hourly rate of basic pay - the rate of pay derived when the annual rate of basic pay is divided by two thousand eighty (2,080).

 

Labor organization - an organization certified as an exclusive representative by the Public Employee Relations Board of the District of Columbia.

 

Legal Service - positions in the District government as provided in title VIII-B of the CMPA (D.C. Official Code § 1-608.51 et seq. (2001)).

 

Local environment pay - additional pay that has been authorized for a duty involving unusually severe hazards or working conditions.

 

Management Supervisory Service - positions in the District government as provided in title IX-A of the CMPA (D.C. Official Code § 1-609.51 et seq. (2001)).

 

Medical intern or resident - a graduate of a medical school assigned or attached principally for training purposes to a hospital, clinic or medical or dental laboratory operated by an agency for whom the pay authority has approved the use of a stipend.

 

New appointment - the first appointment, regardless of tenure, as an employee of the District government.

 

Night differential - additional pay for regularly scheduled night work.

 

Night work - regularly scheduled work performed between the hours of 6:00 p.m. and 6:00 a.m.

 

Nonpay status - hours in the categories of leave without pay (LWOP), absence without leave (AWOL), and suspension.

 

Nonworkday - any calendar day outside of those calendar days within an employee’s basic workweek exclusive of holidays and administrative dismissals established by administrative order or Mayor’s Order or other days established by statute.

 

On-call pay - additional compensation provided when a determination has been made that the work of the position requires the employee to remain accessible and available to the point where his or her time cannot be used effectively for his or her own purposes.

 

Operation Enduring Freedom - the period encompassed within Executive Order 13223 Ordering the Ready Reserve of the Armed Forces to Active Duty and Delegating Certain

Authorities to the Secretary of Defense and the Secretary of Transportation, effective September 14, 2001, and amended by Amendment to Executive Order 13223, effective January 16, 2002 and ending on the date the employee is released from active duty occasioned by Operation Enduring Freedom.

 

Operation Iraqi Freedom - the period encompassed within the Joint Resolution entitled Authorization for Use of Military Force Against Iraq Resolution of 2002, approved October 16, 2002 (P.L. 107-243) and ending on the date the employee is released from active duty occasioned by Operation Iraqi Freedom.

 

Participant - an employee who is eligible and elects to participate in the D.C. Pre-Tax Plan.

 

Pay authority - the Mayor or the Director of Personnel, who has been delegated the authority to establish the compensation system for the Career, Legal, Excepted, or Management Supervisory Service.

 

Pay period - see definition of “biweekly pay period.”

 

Personnel authority - an individual or entity listed in § 406(b) of the CMPA (D.C. Official Code § 1-604.06(b) (2001)), or a person delegated that authority by such an individual or entity.

 

Premium pay - additional pay authorized by this chapter for holiday work, Sunday work, night work, work by an emergency employee during an administrative closing, work involving unusually severe working conditions or hazards, when that work is performed within the employee’s scheduled tour of duty.

 

Pre-tax salary reductions - amount of an employee’s salary which is not paid to the employee in cash but used for some other purpose. Such contributions are pre-taxed if they reduce income before taxes and FICA taxes are computed.

 

Promotion - the change of an employee to a position at a higher grade level within the same job classification system and salary or rate schedule.

 

Rate of basic pay - except as otherwise provided, the pay rate fixed by law, Wage Order, or Mayor’s Order for the position held by an employee before any deductions and exclusive of additional pay of any kind, except as otherwise provided.

 

Reassignment - a change of an employee from one position to another position of the same (exact) representative rate.

 

Reduction in force - any reduction in the work force under the provisions of Chapter 24 of these regulations.

 

Reemployment - employment, including reinstatement or another type of appointment, after a break in service of at least one (1) full workday.

 

Representative rate - as provided in section 1131.11 of this chapter, the rate used to determine the nature of a job change when the job change involves different salary or rate schedules (specifically, the representative rate is used to determine if the job change is a promotion, change to lower grade, or reassignment, by comparing the representative rates of the different salary or rate schedules involved). A representative rate is the going rate of the jobs or grades between which the employee is being changed.

 

Reserve component - has the meaning prescribed in 37 U.S.C. § 101 (24).

 

Retained rate - the existing rate of basic pay an employee continues to be paid above the maximum rate of the grade to which he or she is assigned upon being changed to a lower grade.

 

Retained rate period - the period of not to exceed two (2) years from the effective date of the action changing an employee to a lower grade, during which the employee is provided a retained rate.

 

Scheduled tour of duty - the hours of a day and the days of a basic workweek that are scheduled in advance and during which an employee is required to perform work on a regularly recurring basis.

 

Special rate - a rate within a special rate schedule.

 

Special rate or special salary schedule - a pay schedule with higher minimum rates of basic pay for one (1) or more grades, occupational groups, or series, established by Mayor’s Order or Wage Order.

 

Special salary - a salary within a special salary schedule.

 

Stipend - a regular allowance paid to a medical intern or resident to defray expenses.

 

Sunday premium pay - additional pay for Sunday work.

 

Sunday work - regularly scheduled work that includes all hours that fall between the hours of midnight Saturday and midnight Sunday that is not overtime work within a full-time employee’s basic workweek.

 

Temporary appointment - an appointment with a specific time limitation of one (1) year or less.

 

Temporary promotion - a promotion for a definite period of thirty (30) days or more, not exceeding one (1) year, that may be extended for up to one (1) additional year.

 

Term appointment - an appointment with a specific time limitation in excess of one (1) year, but not exceeding four (4) years, unless extended by the personnel authority as provided in Chapter 8 of these regulations, or as otherwise provided by statute.

 

Term promotion - a promotion for a limited term in excess of one (1) year, but not to exceed four (4) years for a designated project.

 

Transfer - a change without a break in service of a full workday of (a) a career (probational) or career (permanent) employee to another Career Service position of like tenure under a different personnel authority; (b) a Legal Service employee to another Legal Service position of like tenure under a different personnel authority; (c) an Excepted Service employee to another Excepted Service position under a different personnel authority; or (d) a Management Supervisory Service employee to another Management Supervisory Service position under a different personnel authority.

 

Wage Order - an order issued by the Director of Personnel to establish, abolish, or modify a salary or rate schedule.

 

Wage Service rate schedules - the pay schedules applicable to employees who are paid under the Wage Service Rate System.

 

Wage Service Rate System - the pay system, for which compensation is established on an hourly rate basis, applicable to employees in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement, which positions are classified pursuant to § 1101.5 of these regulations.

 

Within-grade increase - an increase in an employee’s rate of basic pay from one rate of his or her grade to the next and is synonymous with the term “step increase.”

 

source

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