Commission was submitted not later than 15 calendar days after the effective date of the action taken as a result of the classification decision. However, when the appeal decision raises the grade of the position above its grade immediately preceding the downgrading, retroactivity will apply only to the extent of restoration to the grade immediately preceding the downgrading. The right to a retroactive effective date provided by this section is preserved on subsequent appeal from an agency classification decision to the Commission when the appeal is filed not later than 15 calendar days following receipt of written notification of final administrative decision or 15 calendar days after the effective date of the action taken as a result of the classification decision, whichever is later.

(b) Grade change based on new duties and responsibilities. Retroactivity may be based only on duties and responsibilties existing at the time of downgrading or loss of pay and not on duties and responsibilities later assigned.

Subpart C-Special Rates for Recruitment and Retention

§ 530.301 Entitlement.

A department or agency may pay a special rate established under section 5303 of title 5, United States Code, only in accordance with that section, Executive Order 11073, and this subpart.

(c) Retroactivity when time limits are extended. The right to a retroactive effective date provided by this section may be preserved, in the discretion of the Commission, on a showing by the employee that he was not notified of the applicable time limit and was not otherwise aware of the limit or that circumstances beyond his control prevented him from filing an appeal within the prescribed time limit.

PART 530-PAY RATES AND
SYSTEMS (GENERAL)

Subpart A-[Reserved]

Subpart B [Reserved]

§ 530.302 Applicability.

This subpart applies to departments and agencies having employees occupying positions paid under (a) section 5332 (a) of title 5, United States Code, (b) part III of title 39, United States Code, relating to personnel in the postal field service, (c) the pay scales for physicians, dentists, and nurses in the Department of Medicine and Surgery of the Veterans' Administration under chapter 73 of title 38, United States Code, or (d) sections 412 and 415 of the Foreign Service Act of 1946, as amended (22 U.S.C. 867 and 870).

Subpart C-Special Rates for Recruitment and Retention

Sec.

530.301 Entitlement.

530.302 Applicability.

530.303 Definitions.

530.304 Establishing special rates. 530.305 Determining employee rates. 530.306 Discontinuing special rates. 530.307 Effect of statutory pay increase.

§ 530.303

AUTHORITY: The provisions of this Part 530 issued under 5 U.S.C. 5303, E.O. 11073; 3 CFR, 1959-1963 Comp., p. 687, unless otherwise noted.

SOURCE: The provisions of this Part 530 appear at 33 F.R. 12448, Sept. 4, 1968, unless otherwise noted.

Subpart A-[Reserved]

Definitions.

In this subpart:

(a) "Area" means a geographical subdivision which can be described in terms of boundaries, such as the metropolitan limits of a city, the area within 20 miles of the city limits, county, several counties, a State, the United States.

(b) "Executive Order" means Part III, Special Rates for Recruitment and Retention, of Executive Order 11073, issued January 2, 1963.

(c) "Location" means a specific place of employment within an area, such as a particular shipyard or airbase.

(d) "Numerical rank" means (1) a numbered rate of a grade of the General Schedule; (2) a numbered rate of a level of the Postal Field Service Schedule; (3) a numbered step or rate within the minimum and maximum pay scale for a position of physican, dentist, or nurse in the Department of Medicine and Surgery of the Veterans' Administration; or (4) a rate within a class for a position under the Foreign Service Act; and, (5) a similar numbered rate or step within a special rate range established under any of the enumerated pay systems.

(e) "Special rate range" means a range of rates established by the Commission under section 5303 of title 5, United States Code.

(f) "Special rates" mean rates within the special rate range, and include "spe

Subpart B-[Reserved]

cial minimum rate" which is the first rate of the special rate range.

§ 530.304 Establishing special rates.

(a) The Commission establishes special rates in one or more areas or locations to the extent it considers necessary to overcome significant handicaps in the recruitment and retention of well-qualified personnel when these handicaps result from pay rates in private enterprise being substantially above the pay rates of the statutory pay schedules.

(b) The department or agency initiating a request for special rates is responsible for submitting complete supporting data including, upon the specific request by the Commission, a survey of prevailing pay rates in private enterprise in the area.

§ 530.305 Determining employee rates. (a) (1) Except as provided in subparagraph (2) of this paragraph, when an employee is in a position to which a special rate range becomes applicable, the department or agency shall fix his rate in the special rate range at the numerical rank in the special rate range for his grade or level which corresponds to his existing numerical rank in the rate range for his grade or level.

(2) When an employee receiving a retained rate under section 5337 of title 5, United States Code, or under section 3560 of title 39, United States Code, relating to personnel in the postal field service, is in a position to which a special rate range becomes applicable, the department or agency shall fix his rate in the special rate range under subparagraph (1) of this paragraph without regard to the retained rate. If his retained rate is higher than the rate in the special rate range, he is entitled to receive the retained rate until it is appropriately terminated. At this time the department or agency shall fix his rate under applicable regulations.

(b) (1) When an employee is reassigned at the same grade or level under the same pay system to a position to which a special rate range applies, the department or agency shall fix his rate in the special rate range at the numerical rank in the special rate range for his grade or level which corresponds to his existing numerical rank in the rate range for his grade or level.

(2) When an employee in a position to which a special rate range does not apply is promoted to a position to which a spe

cial rate range applies, the department or agency shall determine first his numerical rank in the higher grade or level without regard to the special rate range and then shall fix his rate at the corresponding numerical rank in the special rate range for the position to which promoted.

(3) When an employee not entitled to a retained rate under appropriate statutory authority is demoted to a position to which a special rate range applies, the department or agency shall determine first his numerical rank in the lower grade without regard to the special rate range and then shall fix his rate at the corresponding numerical rank in the special rate range for the position to which demoted.

(4) Except as provided in subparagraphs (1), (2), and (3) of this paragraph, all other actions of promotion, demotion, transfer, or reassignment are governed by the pay-fixing rules established for the appropriate pay system to which, or in which, the personnel action is taken.

(c) The department or agency shall determine the rate of basic pay for an individual receiving an initial appointment (including an appointment after a break in service of at least one work day) to a position to which a special rate range applies in the grade or level of the position under the regulations governing the pay system under which appointed without regard to the special rate range and shall use the numerical rank thus determined to fix the employee's rate at the corresponding numerical rank in the special rate range. § 530.306 Discontinuing special rates.

(a) The Commission and each affected department or agency are responsible for initiating action to discontinue or revise special rates when these rates are no longer needed for recruitment and retention. No employee shall have his pay reduced because of that action.

(b) When the special rates for a position are discontinued, the department or agency shall determine the rate of basic pay for an employee in the position as follows:

(1) If the employee is receiving a rate of basic pay equal to one of the rates in the regular rate range for his grade or level, the department or agency shall fix his basic pay at that rate.

(2) If the employee is receiving a rate of basic pay at a rate between two rates

in the regular rate range of his grade or level, the department or agency shall fix his basic pay at the higher of the two rates.

(3) If the employee is receiving a rate of basic pay at a rate in excess of the maximum rate for the regular rate range for his grade or level, the department or agency shall fix his basic pay at his existing rate, and the employee shall be entitled to this rate as long as he remains in the same position or until he becomes entitled to a higher rate.

§ 530.307

crease.

(a) A statutory revision of the pay schedule of the pay system for which special rates are authorized under section 5303 of title 5, United States Code, automatically changes the special minimum rate (if more than the minimum rate for the new pay schedule for the grade or level concerned) to the nearest rate in the new pay schedule which does not result in a decrease and the other special rates for the special rate range are changed to similar rates in the new schedule adjusted on the basis of the new special minimum rate.

(b) When an employee was receiving a special rate inmediately before the effective date of a statutory pay increase, he shall receive on that effective date the rate of basic pay for:

(1) The numerical rank in the new special rate range for his grade or level that corresponds with the numerical rank of the special rate he was receiving immediately before that effective date;

Definitions. 531.403 Within-grade

531.513

531.514

Retention period-reassignment.
Within-grade increases.
Pay adjustment.

531.202

Definitions.

531.203

General provisions.

Continuous service.

531.515
531.516 Appeals to the Commission.

AUTHORITY: The provisions of this Part 531 issued under 5 U.S.C. 5115, 5338, unless otherwise noted. §§ 531.501 to 531.516 also issued under 5 U.S.C. 5337.

SOURCE: The provisions of this Part 531 appear at 33 F.R. 12448, Sept. 4, 1968, unless otherwise noted.

Subpart A-[Reserved] Subpart B-Determining Rate of Basic Pay

§ 531.201 Applicability.

This subpart and sections 5333 and 5334 of title 5, United States Code, apply in fixing and adjusting rates of basic pay

of each employee subject to the General Schedule.

§ 531.202 Definitions.

In this subpart:

(a) "Demotion" means a change of an employee, while continuously employed, from:

(1) One General Schedule grade to a lower General Schedule grade, with or without reduction in pay; or

(2) A higher rate paid under authority other than subchapter III of chapter 53 of title 5, United States Code, to a lower rate within a General Schedule grade.

(b) "Agency" has the meaning given that word by section 5102 of title 5, United States Code.

(c) "Employee" means an employee of an agency to whom this subpart applies.

(d) "Existing rate of basic pay" means the rate received immediately before the effective date of a transfer, promotion, demotion, or within-grade increase.

(e) "Higher grade" means a General Schedule grade above the last previous General Schedule grade or its equivalent held by the employee.

(f) "Highest previous rate" means the highest rate of basic pay previously paid to an individual while employed in a position in a branch of the Federal Government (executive, legislative, or judicial), a mixed ownership corporation, or the government of the District of Columbia, irrespective of whether or not the position was subject to the General Schedule.

(g) "New appointment" means the first appointment, regardless of tenure, as an employee of the Federal Government or the government of the District of Columbia.

(h) "Promotion" means a change of an employee, while continuously employed, from:

(1) One General Schedule grade to a higher General Schedule grade; or

(2) A lower rate paid under authority other than subchapter III of chapter 53 of title 5, United States Code, to a higher rate within a General Schedule grade.

(i) "Rate of basic pay” means the rate of pay fixed by law or administrative action for the position held by an employee before any deductions and exclusive of additional pay of any kind.

(j) "Reassignment" means a change of an employee, while serving continuously in the same agency, from one

position to another without promotion or demotion.

(k) "Reemployment" means an employment, including reinstatement or another type of appointment, after a break in service of at least 1 full workday.

(1) "Transfer" means a change of an employee, without a break in service of 1 full workday, from one branch of the Federal Government (executive, legislative, or judicial) to another or from one agency to another.

§ 531.203 General provisions.

(a) New appointments. Except as provided by section 5333 (a) of title 5, United States Code, and paragraph (b) of this section, a new appointment is made at the minimum rate of the grade, or when the minimum rate of the grade of a position has been set under Part 530 of this chapter, a new appointment to that position is made at the minimum rate set under Part 530 of this chapter.

(b) Superior qualifications appointments. (1) A "superior qualifications appointment" means an appointment to a position in Grade 11 or above of the General Schedule at a rate above the minimum rate of the appropriate grade under authority of section 5333 of title 5, United States Code, and with the prior approval of the Commission (except for positions in the Library of Congress), because of the superior qualifications of the candidate.

(2) An agency may make a superior qualifications appointment by new appointment or by reemployment except that when made by reemployment, the candidate must have a break in service of at least 90 calendar days from his last period of Federal employment or employment with the government of the District of Columbia (other than (i) employment under an appointment as an expert or consultant under section 3109 of title 5, United States Code, (ii) employment under a temporary appointment effected primarily in furtherance of a postdoctoral research program or effected as a part of a predoctoral or postdoctoral training program during which the employee receives a stipend, (iii) employment as a member of the Commissioned Corps of the Environmental Science Services Administration or the Commissioned Corps of the Public Health Service, or (iv) employment which is not both full-time employment and the principal employment of the candidate).

Commission was submitted not later than 15 calendar days after the effective date of the action taken as a result of the classification decision. However, when the appeal decision raises the grade of the position above its grade immediately preceding the downgrading, retroactivity will apply only to the extent of restoration to the grade immediately preceding the downgrading. The right to a retroactive effective date provided by this section is preserved on subsequent appeal from an agency classification decision to the Commission when the appeal is filed not later than 15 calendar days following receipt of written notification of final administrative decision or 15 calendar days after the effective date of the action taken as a result of the classification decision, whichever is later.

(b) Grade change based on new duties and responsibilities. Retroactivity may be based only on duties and responsibilties existing at the time of downgrading or loss of pay and not on duties and responsibilities later assigned.

(c) Retroactivity when time limits are extended. The right to a retroactive effective date provided by this section may be preserved, in the discretion of the Commission, on a showing by the employee that he was not notified of the applicable time limit and was not otherwise aware of the limit or that circumstances beyond his control prevented him from filing an appeal within the prescribed time limit.

PART 530-PAY RATES AND
SYSTEMS (GENERAL)

Subpart A-[Reserved]

Subpart B [Reserved]

Subpart C-Special Rates for Recruitment and Retention

§ 530.301 Entitlement.

A department or agency may pay a special rate established under section 5303 of title 5, United States Code, only in accordance with that section, Executive Order 11073, and this subpart.

§ 530.302 Applicability.

This subpart applies to departments and agencies having employees occupying positions paid under (a) section 5332 (a) of title 5, United States Code, (b) part III of title 39, United States Code, relating to personnel in the postal field service, (c) the pay scales for physicians, dentists, and nurses in the Department of Medicine and Surgery of the Veterans' Administration under chapter 73 of title 38, United States Code, or (d) sections 412 and 415 of the Foreign Service Act of 1946, as amended (22 U.S.C. 867 and 870).

(a) “Area" means a geographical subdivision which can be described in terms of boundaries, such as the metropolitan limits of a city, the area within 20 miles of the city limits, county, several counties, a State, the United States.

(b) "Executive Order" means Part III, Special Rates for Recruitment and Retention, of Executive Order 11073, issued January 2, 1963.

(c) "Location" means a specific place of employment within an area, such as a particular shipyard or airbase.

(d) "Numerical rank" means (1) a numbered rate of a grade of the General Schedule; (2) a numbered rate of a level of the Postal Field Service Schedule; (3) a numbered step or rate within the minimum and maximum pay scale for a position of physican, dentist, or nurse in the Department of Medicine and Surgery of the Veterans' Administration; or (4) a rate within a class for a position under the Foreign Service Act; and, (5) a similar numbered rate or step within a special rate range established under any of the enumerated pay systems.

(e) "Special rate range” means a range of rates established by the Commission under section 5303 of title 5, United States Code.

(f) "Special rates" mean rates within the special rate range, and include “spe