Classification / Compensation

---

1100     Definitions and Applicability

---

1100.1    When used in sections 1100 through 1111 of this chapter, the terms listed below shall have the meanings ascribed:

Act - The District of Columbia Government Comprehensive Merit Personnel Act of 1978 (DC Law 2-139).

Agency - Any unit of the District of Columbia Government required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule or regulation adopted under authority of law. The term agency shall also include any unit of the District of Columbia Government created or organized by the Council of the District of Columbia as an agency.

Career Service - Includes all regular District Service positions in the District of Columbia Government except positions in the Excepted, Executive or Educational Services.

Class of Positions - All positions which are sufficiently similar as to:

1. Kind or subject matter of work;
2. Level of difficulty and responsibility; and
3. The qualification requirements of the work; to warrant similar treatment in personnel and pay administration.

Deputy - An individual who shares the responsibility or serves as alter ego to the Director or principal assistant in managing the total organization.

Educational Employee - An employee of the District of Columbia Board of Education or of The Board of Trustees of the University of the District of Columbia, except persons employed in any of the following types of positions:

1. Clerical, stenographic or secretarial positions;
2. Custodial, building maintenance, building engineer, general maintenance or general engineering positions;
3. Bus drivers and other drivers involved in the transportation of persons; equipment, materials or inventory;
4. Cooks, dieticians and other positions involved in the direct planning, preparation, service and conditions of preparation and service of food;
5. Technicians involved in the operation or maintenance of machinery, vehicles, equipment or the processing of materials and inventory; or
6. Positions the major duties of which consist of the supervision of employees covered in paragraphs (a) through (e) of this definition, provided, however, that this paragraph shall not be deemed to include heads of academic units at the University of the District of Columbia.

Employee - An individual employed in or under an agency.

Executive Service - Includes all subordinate agency heads whom the Mayor is authorized to appoint under Title X of the Act.

Excepted Service - Includes those positions that are incumbered or intended to be incumbered through noncompetitive hiring procedures under Title IX of the Act.

Grade - Includes all classes of positions which, although different with respect to kind or subject matter of work, are sufficiently equivalent as to:  (a) level of difficulty and responsibility; and (b) level of qualification requirements of the work to warrant their inclusion within one range of rates of basic pay in the District of Columbia Government.

Head - The highest ranking executive official of an agency.

Manager - Generally, an individual employed by an agency in a position, the duties and responsibilities of which influence the policies of the agency.

Personnel Authority - An individual or organization with the authority to administer all or part of a personnel management program as provided in Title IV of the Act.

Position - The work, consisting of the duties and responsibilities, assigned to an employee.

Realignment - An action which affects the internal structure and/or functions of an agency, but which does not constitute a "Reorganization."

Reorganization - That action which results in the transfer of, consolidation of, abolition of, or authorization with respect to functions and hierarchy, between or among agencies, and which affects the structure or structures thereof; which reorganization is subject to adoption by legislative action, including consideration of the District of Columbia Council in accordance with the Governmental Reorganization Act of 1981.

Standard - any criterion, guideline or measure established by appropriate authority for the purpose of making objective comparisons.

Supervisor - an individual having delegated authority to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove employees.

1100.2    Sections 1100 through 1111 of this chapter apply to all persons and positions in the Career and Excepted Services.

---

1101     Basis for Grading Positions (Career and Excepted Services) (1/2)

---

1101.1    The District Service Schedule ("DS") is the basic pay schedule for positions which are divided into 18 grades of difficulty and responsibility of work.

1101.2    Grade DS-1 includes those classes of positions the duties of which are to perform, under immediate supervision, with little or no latitude for the exercise of independent judgment:

1. The simplest routine work in office, business or fiscal operations; or
2. Elementary work of a subordinate technical character in a professional, scientific, or technical field.

1101.3    Grade DS-2 includes those classes of positions the duties of which are:

1. To perform, under immediate supervision, with limited latitude for the exercise of independent judgment, routine work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring some training or experience; or
2. To perform other work of equal importance, difficulty and responsibility, and requiring comparable qualifications.

1101.4    Grade DS-3 includes those classes of positions the duties of which are:

1. To perform, under immediate or general supervision, somewhat difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring in either case:
   1. Some training or experience;
   2. Working knowledge of a special subject matter; or
   3. To some extent the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or
2. To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.5    Grade DS-4 includes those classes of positions the duties of which are:

1. To perform under immediate or general supervision, moderately difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case:
   1. A moderate amount of training and minor supervisory or other experience;
   2. Good working knowledge of a special subject matter or limited field or office, laboratory, engineering, scientific, or other procedure and practice; and
   3. The exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or
2. To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.6    Grade DS-5 includes classes of positions the duties of which are:

1. To perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable work in a professional, scientific, or technical field, requiring in either case:
   1. Considerable training and supervisory or other experience;
   2. Broad working knowledge of a special subject matter or of office, laboratory, engineering, scientific, or other procedure and practice; and
   3. The exercise of independent judgment in a limited field;
2. To perform, under immediate supervision, and with little opportunity for the exercise of independent judgment, simple and elementary work requiring professional, scientific, or technical training; or
3. To perform other work of equal importance, difficulty, and responsibility and requiring comparable qualifications.

1101.7     Grade DS-6 includes those classes of positions the duties of which are:

1. To perform under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case:
   1. Considerable specialized or supervisory training and experience;
   2. Broad working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and
   3. To a considerable extent the exercise of independent judgment; or
2. To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.8    Grade DS-7 includes those classes of positions the duties of which are:

1. To perform, under general supervision, work of considerable difficulty and responsibility along special technical training or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case:
   1. Considerable specialized or supervisory training and experience;
   2. Comprehensive working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and
   3. To a considerable extent the exercise of independent judgment; or
2. Under immediate or general supervision, to perform somewhat difficult work requiring:
   1. Professional, scientific, of technical training; and
   2. To a limited extent, the exercise of independent technical judgment; or
3. To perform other work of equal importance, difficulty and responsibility, and requiring comparable qualifications.

1101.9    Grade DS-8 includes those classes of positions the duties of which are:

1. To perform, under general supervision, very difficult and responsible work along special technical or supervisory lines in office, business, or fiscal administration, requiring:
   1. Considerable specialized or supervisory training and experience;
   2. Comprehensive and thorough working knowledge of a specialized and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and
   3. To a considerable extent the exercise of independent judgment; or
2. To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.10     Grade DS-9 includes those classes of positions the duties of which are:

1. To perform, under general supervision, very difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration requiring:
   1. Somewhat specialized training and considerable specialized, supervisory, or administrative experience which has demonstrated capacity for sound independent work;
   2. Thorough and fundamental knowledge of a special and complex subject matter, or of the profession, art, or science involved; and
   3. Considerable latitude for the exercise of independent judgment
2. With considerable latitude for the exercise of independent judgment to perform moderately difficult and responsible work, requiring:
   1. Professional, scientific, or technical training equivalent to that represented by graduation from a college or university of recognized standing; and
   2. Considerable additional professional, scientific, or technical training or experience which has demonstrated capacity for sound independent work; or
3. To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.11    Grade DS-10 includes those classes of positions the duties of which are:

1. To perform, under general supervision, highly difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring:
   1. Somewhat extended specialized, supervisory, or administrative training and experience which has demonstrated capacity for sound independent work;
   2. Thorough and fundamental knowledge of a specialized and complex subject matter, or of the profession, art, or science involved; and
   3. Considerable latitude for the exercise of independent judgment; or
2. To perform other work of equal importance, difficulty and responsibility, and requiring comparable qualifications.

1101.12    Grade DS-11 includes those classes of positions the duties of which are:

1. To perform, under general administrative supervision, and with wide latitude for the exercise of independent judgment, work of marked difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring:
   1. Extended specialized, supervisory, or administrative training and experience which has demonstrated important attainments and marked capacity for sound independent action or decision; and
   2. Intimate grasp of a specialized and complex subject matter, or of the profession, art, or science involved, or of administrative work of marked difficulty;
2. With wide latitude for the exercise of independent judgment, to perform responsible work of considerable difficulty requiring somewhat extended professional, scientific, or technical training and experience which has demonstrated important attainments and marked capacity for independent work; or
3. To perform other work of equal importance, difficulty, and responsibility and requiring comparable qualifications.

1101.13    Grade DS-12 includes those classes of positions the duties of which are:

1. To perform, under general administrative supervision, with wide latitude for the exercise of independent judgment, work of a very high order of difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring:
   1. Extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and attainments of a high order in specialized or administrative work; and
   2. Intimate grasp of a specialized and complex subject matter, or of the profession, art, or science involved,
2. Under general administrative supervision, and with wide latitude for the exercise of independent judgment, to perform professional, scientific, or technical work of marked difficulty requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and attainments of a high order in professional, scientific, or technical research, practice or administration; or
3. To perform other work of equal importance, difficulty, and responsibility and requiring comparable qualifications.

---

1101     Basis for Grading Positions (Career and Excepted Services) (2/2)

---

1101.14     Grade DS-13 includes those classes of positions the duties of which are:

1. To perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility along special technical, supervisory, or administrative lines, requiring extended specialized supervisory or administrative training and experience which has demonstrated leadership and marked attainments;
2. To serve as assistant head of a major organization involving work of comparable level within a bureau;
3. To perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and marked attainments in professional, scientific, or technical research, practice, or administration; or
4. To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.15    Grade DS-14 includes those classes of positions the duties of which are:

1. To perform, under general administrative direction, with wide latitude for the exercise of independent judgment, work of exceptional difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and unusual attainments;
2. To serve as head of a major organization within a bureau involving work of comparable level;
3. To plan and direct or to plan and execute major professional, scientific, technical, administrative, fiscal, or other specialized programs, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice or administration, or in administrative, fiscal, or other specialized activities; or
4. To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility, and requiring comparable qualifications.

1101.16    Grade DS-15 includes those classes of positions the duties which are:

1. To perform, under general administrative direction, with very wide latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments;
2. To serve as head of a major organization within a bureau involving work of comparable level;
3. To plan and direct or to plan and execute specialized programs of marked difficulty, responsibility, and significance along professional, scientific, technical, administrative, fiscal, or other lines, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research practice, or in administration, or in administrative, fiscal or other specialized activities; or
4. To perform consulting or other professional, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.17    Grade DS-16 includes those classes of positions the duties of which are:

1. To perform, under general administrative direction, with unusual latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments;
2. To serve as head of a major organization within a bureau involving work of comparable level;
3. To plan and direct or to plan and execute professional, scientific, technical, administrative, fiscal, and other specialized programs of unusual difficulty, responsibility, and significance, requiring extended training and experience which has demonstrated leadership and exceptional attainments in professional, scientific, or technical research practice, or administration, or in administrative, fiscal, or other specialized activities; or
4. To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility, and requiring comparable qualifications.

1101.18    Grade DS-17 includes those classes of positions the duties of which are:

1. To serve as the head of a bureau where the position, considering the kind and extent of the authorities and responsibilities vested in it, and the scope, complexity, and degree of difficulty of the activities carried on, is of a high order among the whole group of positions of heads of bureaus;
2. To plan and direct or to plan and execute professional, scientific, technical, administrative, fiscal, or other specialized programs of exceptional difficulty, responsibility, and national significance, requiring extended training and experience which has demonstrated exceptional leadership and attainments in professional, scientific, or technical research practice, or administration, or in administrative, fiscal or other specialized activities; or
3. To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility and requiring comparable qualifications.

1101.19    Grade DS-18 includes those classes of positions the duties of which are:

1. To serve as the head of a bureau where the position, considering the kind and extent of the authorities and responsibilities vested in it, and the scope, complexity, and degree of difficulty of the activities carried on, is exceptional and outstanding among the whole group of positions of heads of bureaus;
2. To plan and direct or to plan and execute frontier or unprecedented professional, scientific, technical, administrative, fiscal, or other specialized programs of outstanding difficulty, responsibility, and national significance, requiring extended training and experience which has demonstrated outstanding leadership and attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal or other specialized activities; or
3. To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility, and requiring comparable qualifications.

---

1102     Standards and Guides for Classification

---

1102.1    The DC Office of Personnel (DCOP), after consulting with the United States Office of Personnel Management (OPM) and agencies, shall prepare special guides or standards, or adopt established OPM standards for placing positions in their proper classes, and grades.

1102.2    The DCOP may make such inquiries or investigations of the duties, responsibilities, and qualification requirements of positions as it considers necessary for this purpose.  The agencies, on request of the DCOP, shall furnish information for and cooperate in the preparation of the standards.

1102.3    In the standards, which shall be published in such form as the DCOP may determine, the DCOP shall:

1. Define the various classes of positions in terms of duties, responsibilities, and qualification requirements;
2. Establish the official class titles; and
3. Set forth the grades in which the classes have been placed by the DCOP.

1102.4    The DCOP, after consulting with the agencies to the extent necessary, shall revise, supplement, or abolish such special guides or standards or prepare new standards, so that, as nearly as may be practicable, positions existing at any given time will be covered by current published standards.

1102.5    The official class titles established under paragraph 1102.3(b) of this section shall be used for personnel, budget, and fiscal purposes.  However, this requirement does not prevent the use of organizational or other titles for internal administration, public convenience, law enforcement, or similar purposes.

---

1103     Basis for Classifying Positions (The Career and Excepted Services)

---

1103.1    Each position shall be placed in its appropriate class.  The basis for determining the appropriate class is the duties and responsibilities of the position and the qualifications required by the duties and responsibilities.

1103.2    Each class shall be placed in its appropriate grade.  The basis for determining the appropriate grade is the level of difficulty, responsibility, and qualification requirements of the work of the class.

1103.3    Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the number of subordinates supervised. These factors may be given effect only to the extent warranted by the workload of the organization unit and then only in combination with other factors, such as the kind, difficulty, and complexity of work supervised, and the kind, degree, and character of the supervision exercised.  (Title XI, Subsections 1101(a) and (b) of DC Law 2-139.)

---

1104     Classification of Positions

---

1104.1    The implementation of these rules and regulations will be undertaken by the appropriate personnel authorities as defined in Section 406 of DC Law 2-139.

1104.2    The Servicing Personnel Officers and the Chief of the Executive Office of the Mayor Personnel Unit, are delegated authority vested in the Mayor for classifying all positions (including Regular Wage Service and Printing Wage Service positions) in agencies serviced by them, except the following positions:

1. Positions for which authority is reserved by the Mayor, which are--
   1. Positions over grade DS-15;
   2. Department and Office Heads and Deputies; and
   3. Positions whose incumbents report to the Mayor.
2. Personnel positions and Expert or Consultant positions for which the Director of Personnel has been delegated specific authority.

1104.3    (a) Each Servicing Personnel Officer shall place each position within the cluster in its appropriate class and grade in conformance with accepted standards published by the US Office of Personnel Management and/or special guides or standards published by the DC Office of Personnel or, if no published standards apply directly, consistently with published standards.

(b) When facts warrant, an agency may change a position which has been placed in a class or grade under this Section from that class or grade to another class or grade.

(c) Subject to permissible grade and pay retention benefits, these actions of an agency are the basis for pay and personnel transactions until changed by a certificate of the DC Office of Personnel.

---

1105     Wage Service Classification System

---

1105.1    The classification or job-grading plan for Wage Service positions is that of the Coordinated Federal Wage System which was adopted for the District of Columbia Government by Order of the Commissioner No. 68-583, dated August 23, 1968.

1105.2    The Wage Service job-grading system provides for an orderly grouping of all positions which is essential in establishing pay and in programs for recruiting, examining, placement, promotion, transfer, determining training needs, reduction in force, and performance ratings.

1105.3    Upon determination that a position is subject to classification under the Wage Service System the position shall be evaluated in accordance with appropriate job-grading standards, or if none are directly applicable, with standards for the most nearly related occupations.  Printing wage service positions are evaluated in accordance with Job Evaluation Standards published by the Interdepartmental Lithographic Wage Board, (ILWB).

1105.4   The Office of Personnel Management (OPM) establishes and defines individual occupations.  Generally, each occupation includes the inspector, leader and supervisory jobs and all levels of non-supervisory work.  The boundaries of an occupation are determined by the set of basic skills and knowledge required to do the work.  Each job family has a general occupational category designed to include lines of work characteristic of the job family but not identifiable with any specific occupation of the family, and lines of work with too few employees to merit treatment as separate occupations.  The Handbook of Blue Collar Occupational Families and Series, issued by the OPM in October 1961, is the official guide for coding and identifying jobs until new codes and definitions are established.

1105.5    Servicing Personnel Officers with delegated authority shall make initial determinations regarding positions covered by this Section.  Questions regarding appropriateness of coverage shall be referred to the DCOP for decision.  In the event there is still disagreement on coverage, the case may be referred to the US Office of Personnel Management (OPM) for final determination.

1105.6    THE REGULAR WAGE SERVICE (RWS) includes all employees of the District of Columbia Government in recognized trades or crafts or other skilled mechanical crafts, or in unskilled, semi-skilled, or skilled manual labor occupations and other employees including foremen and supervisors in positions having trade, craft, or laboring experience or knowledge as the paramount requirement.

1. The 39 key ranking jobs listed in Part 1, OPM Job Grading System for Trades and Labor Occupation provide the framework for the 15-grade nonsupervisory structure of the Coordinated Federal Wage System.  These descriptions of commonly found kinds of nonsupervisory work serve as the pegpoints for determining the relative worth of different lines of work and leaves within lines of work.  They control the alignment of the grade levels in all nonsupervisory job-grading standards.  (Descriptions of key ranking jobs are not to be used in lieu of standards.)
2. The OPM initiates special studies to ensure the currency of the key ranking jobs.  Changes in key ranking jobs may be made if circumstances require it.

1105.7    THE PRINTING WAGE SERVICE (PWS) includes all employees of the District of Columbia Government engaged in operation of printing equipment to accomplish lithographic processes involving platemaking, press operations, bindery assembly-stripping, engraving, and photographic functions.  The District of Columbia Government is an affiliate member of the Interdepartmental Lithographic Wage Board (IPWB) by letter to the District Government from the ILWB, dated October 15, 1958.

1. The Interdepartmental Lithographic Wage Board develops and publishes standards which provide criteria for assigning grades and titles to jobs.  (However, ILWB grades must be converted to the appropriate Printing Wage Service Grades.)
2. The job evaluation standards are broken down into seven groups:  Press Operating, Photographer, Film Assembly/Stripper, Platemaker, Bindery, Engraver, and Supervisory.  Nonsupervisory standards summarize the job, showing typical work, typical products, and typical presses or other equipment.

1105.8    WAGE SERVICE employees in the District of Columbia Government may appeal the title, series, job family, occupational coding, or grade according to procedures established in section 1110 below.  However, the Wage Service appeal must first have been adjudicated by the D.C. Office of Personnel.  Detailed information regarding Wage Service appeals is found in the District Personnel Manual issued by DCOP.

1105.9    The OPM is the central coordinating and control agency for the administration of the Coordinated Federal Wage System, the system adopted by the DC Government.  It is also the central developmental agency for elements of the system which are needed to supplement the basic system. Regulations are issued as necessary to ensure consistent practices among those agencies under the system.

1105.10    The DC Office of Personnel makes determinations as to coverage, applicability and procedural application of this section.

---

1106     Review of Classification of Positions

---

1106.1    The DC Office of Personnel shall, annually, review such number of positions in each agency as will enable it to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published standards.

1106.2    The DC Office of Personnel shall provide that all positions covered by this classification system are properly described in writing in accordance with the principal duties and responsibilities officially assigned to those positions.

1106.3    The DC Office of Personnel shall also provide that all positions are properly evaluated by application of official classification standards, in accordance with accepted classification principles and techniques and in accordance with applicable rules and regulations.

1106.4    When the DC Office of Personnel finds that a position, group, or class of positions is not placed in the proper class and grade, in conformance with published standards, or that a position, group, or class of positions for which there are no published standards is not placed in the class and grade consistent with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position, group or class or positions in the appropriate class, grade and shall certify this action to the agency.

---

1107     Revocation of Restoration of Authority to Classify Positions

---

1107.1    When the DC Office of Personnel finds that the servicing personnel officer is not placing positions in classes and grades in conformance with or consistent with published standards, it may revoke or suspend that authority.

1107.2    After revocation or suspension, the DC Office of Personnel may restore the authority to the extent that it is satisfied that later actions placing positions in classes and grades will be in conformance with or consistent with published standards.

---

1108     Classification of Records

---

1108.1    The DC Office of Personnel may prescribe the form in which each agency shall record the duties and responsibilities of positions and the place where these records shall be maintained.

1108.2    The DC Office of Personnel may interview employees of the agency who have knowledge of the duties and responsibilities of positions and information as to the reasons for placing a position in a class or grade.

---

1109     Program Maintenance

---

1109.1    The D.C. Department of Human Resources (DCHR) classifies positions by occupational group, series, and grade according to similarities and differences in duties, responsibilities, and qualification requirements.

1109.2    DCHR organizes positions into occupational groups, which are major occupational categories, embracing a group of associated or related occupations. These occupational groups are then divided into one or more series, consisting of positions with similar work and qualification requirements. Each series is further divided by grade, which has an associated salary range.

1109.3    DCHR establishes policies for placement of positions in the appropriate occupational groups, series, and grade level; investigates and reviews classification decisions of independent personnel authorities; and determines the overall administration of the District government’s classification system.

1109.4    DCHR shall administer the classification system. To administer the classification system, DCHR may conduct individual desk audits, engage in representative sampling of identical additional positions, or conduct periodic reviews of positions.

1109.5    Agencies develop any needed reorganization or realignment proposals, which are then submitted to the personnel authority. These plans must include definitive position information, organizational charts, and proposed staffing patterns.  The personnel authority shall review these proposals for propriety of staffing pattern, identify overlaps or duplication of functions and investigate measures to minimize any potential adverse impact on employees, such as reduction in force, downgrading, and reassignment.

1109.6    Supervisors develop position descriptions for each position, with any needed assistance from DCHR and with appropriate input from their employees.  When developing position descriptions, supervisors shall use content and formatting standards published by the United States Office of Personnel as follows:

1. For supervisory positions, the General Schedule Supervisory Guide,
2. For hourly wage grade positions, the Federal Wage System Job Grading System, and
3. For all other positions, the Factor Evaluation System.

1109.7    Position descriptions are developed by the supervisor and/or the employee (with the necessary assistance of the servicing personnel officer) for each authorized position.  The narrative form shall be used unless the position is covered by a Factor Evaluation System (FES) Standard in which case the FES format has to be used.  All newly established or re-written nonsupervisory position descriptions will be in the FES format.

---

1110     Position Classification Appeals

---

1110.1    Whenever the Director of the Department of Human Resources effectuates a classification action that affects an existing employee, the Director, or their designee, shall provide each impacted employee notice of the new classification at least fifteen (15) days prior to implementing the new position classification. The notice shall advise the employee that they:

1. May file an appeal with the Director, and provide the directions for filing such an appeal;
2. Shall file any such appeal no later than fifteen (15) days after receiving the notice to preserve any potential retroactive pay; and
3. May submit with their appeal a written brief or memorandum in support of their appeal and be represented by an attorney or other individual at the employee’s expense.

1110.2    District government employees may appeal their position classification to the Director at any time. However, to preserve any potential retroactive pay, an employee shall file their appeal with the Director no more than fifteen (15) days after receiving notice of their new position classification pursuant to § 1110.1. 

1110.3    Appeals under this section shall be limited to the review of:

1. The occupational group, series, or family and resulting job title of the position;
2. The grade of the position; and
3. The applicable pay schedule for the position.

1110.4    The Director shall provide an employee a final decision on a classification appeal no later than forty-five (45) days from the date the employee files their appeal. 

1110.5    Except when a classification decision results in a reduction in grade, the Director’s decision on a classification appeal shall be final and not subject to further administrative or judicial review.

1110.6    Classification actions resulting in a reduction in grade shall be processed pursuant to § 1614. For such actions, the notice required under § 1110.1 shall meet the requirements of § 1618. The Director shall designate the appropriate proposing and deciding officials for the adverse action

---

1111     General Authority of the Director of Personnel

---

1111.1    The Director of Personnel may:

1. Ascertain currently the facts as to the duties, responsibilities, and qualification requirements of a position;
2. Place in an appropriate class and grade a newly created position;
3. Decide if a position is in its appropriate class and grade;
4. Change a position from one class or grade to another class or grade when the facts warrant.

1111.2    The Office of Personnel shall certify to the agency concerned its actions under paragraphs 1111.1 (b) and (d) of this section.  The agency shall act in accordance with the certificate, and the certificate is binding on all administrative certifying, payroll, disbursing, and accounting officials.

1111.3    An affected employee, or an agency, may request at any time that the Office of Personnel exercise the authority granted to it by Subsection 1111.1, and the Office of Personnel shall act on the request in a timely manner.

---

1112     Effective Dates of Classification Actions or Decisions Generally

---

1112.1    An agency classification action is a determination to establish or change the title, series, grade or pay system of a position based on application of published position classification standards or guides.

1112.2    The effective date of a classification action taken by an agency shall be the date an official with properly delegated authority approves (certifies) the proposed classification.  This is accomplished when the authorized official(s) signs the allocation of the position.

1112.3    The effective date of a classification action may be extended to correspond with the effective date of the personnel action when:

1. The position is being changed to a lower grade or pay; and
2. The employee occupying the position is eligible for retained grade or pay.

1112.4    A classification action shall be implemented by a personnel action which must occur within a reasonable period of time following the date of the classification action, except as provided in this chapter.

1112.5    If the classification action taken by an agency requires a personnel action which will result in a loss of rank, grade or pay to the occupant of the position, the agency must advise the employee, in writing, of the position action and the proposed date of the personnel action.  This notice shall be issued prior to taking a personnel action, in accordance with the notice requirements for reduction in force for employees appointed on or before December 31, 1979; or the notice requirements for adverse actions for employees appointed after that date.

1112.5    Except as provided in sections 1113 through 1116, classification actions shall not be made retroactive.

---

1113     Review of Classification Decision

---

1113.1    The effective date of a personnel action implementing a classification decision made by means of a certificate issued by an appropriate authority shall not be earlier than the date of the certificate, and not later than the date of the fourth pay period following the date of the certificate, unless a subsequent date is specifically stated in the certificate.

1113.2    Except as otherwise provided by this chapter, the filing of an appeal of such a decision does not delay its effective date.  However, the implementation of the certificate may be suspended when it is determined before its effective date that a review of the classification decision is warranted and suspension is desirable.

1113.3    The determination to suspend implementation may be made by:

1. The agency/department head, or a designee, in those agencies having independent personnel authority; or
2. By the Director of Personnel, or a designee, with respect to any classification decision in agencies under the jurisdiction of Mayor.

1113.4    Suspending the implementation of a certificate does not automatically change the effective date except when the certificate requires that the grade or pay of the position be reduced and the employee is not entitled to retained grade or pay.

1113.5    When the original decision requires that the grade or pay of the position be reduced and the employee is not entitled to retained grade or pay, the reviewing authority shall issue a new certificate if it sustains the original decision.

1113.6    Since demotions shall not be made retroactive, the effective date of the new certificate shall be not earlier than the date of the certificate, and not later than the beginning of the fourth pay period after the date of the certificate unless a subsequent date is specifically stated in the certificate.

---

1114     Effective Date of Classification Appeals

---

1114.1    Subject to § 1115, the effective date of a change in the classification of a position, resulting from a classification appeal decision by the personnel authority, shall not be earlier than the date of the decision and not later than the beginning of the fourth pay period following the date of the decision, except when a subsequent date is specifically provided in the decision.

1114.2    The personnel authority may suspend the implementation of the appeal decision when it is determined before the effective date that a further review of the decision is warranted.

1114.3    Suspending the implementation shall not change the effective date of the decision except when the original decision requires that the grade or pay of the position be reduced and the employee is not entitled to grade or pay retention.

1114.4    When the original decision requires that the grade or pay of a position be reduced and the employee is not entitled to grade or pay retention, the personnel authority, if sustaining the original decision, shall issue a new certificate and the effective date of the new certificate shall be not earlier than the beginning of the fourth pay period following the date of the new decision, unless a subsequent date is specifically stated in the new decision.

---

1115     Retroactive Effective Date

---

1115.1    A retroactive effective date may be required if the employee is wrongfully demoted.

1115.2    The effective date of a classification appellate certificate may be retroactive only if it corrects a classification action which resulted in a loss of grade or pay.

1115.3    In order for the decision to be made retroactive, the employee must file the initial request for review with the personnel authority not later than fifteen (15) calendar days after the effective date of the reclassification action.

1115.4    If the appellate decision raises the grade of the position above the original grade, retroactivity will apply only to the extent of restoration to the original grade.

1115.5    The right to a retroactive effective date provided by this section is preserved when the appeal is filed not later than fifteen (15) calendar days after the effective date of the action taken as a result of the classification decision.

1115.6    Retroactivity shall be based only on duties and responsibilities existing at the time of demotion and shall not be based on duties and responsibilities assigned later.

1115.7    The right to a retroactive effective date provided by this section may be preserved at the discretion of the personnel authority on a showing by the employee that he or she was not notified of the applicable time limit and was not otherwise aware of it, or that circumstances beyond his or her control prevented filing an appeal within the prescribed time limit.

---

1116     Other Special Provisions

---

1116.1    An employee who is found by competent authority to have been discriminated against in the classification of his or her position shall be reclassified as ordered by such authority.

1116.2    Unavailability of funds shall not be justification for not proceeding with timely promotion of an employee affected by a reclassification action under these regulations.

1116.3    Classification actions resulting from a realignment or reorganization are subject to the preceding requirements; provided that a personnel authority may schedule classification actions in the future, but not retroactively, to reflect the magnitude of the reclassifications required. However, when there is a major reorganization which merges two or more agencies and affects both Educational and Career or Excepted Service employees, the effective date of reclassification of Career or Excepted Service employees may be established to coincide with the effective date of the reclassification of Educational Service employees; provided that the effective date does not exceed one year before or after the date otherwise required by these regulations; and provided further that no reclassification which reduces an employee's grade or pay shall be made retroactive.

---

1123     Compensation Comparability System

---

1123.1    Except as specifically indicated, and except for officers and members of the Metropolitan Police Department and the Fire and Emergency Medical Services Department, §§ 1123 through 1199 apply to employees in the Career, Legal, Excepted, and Management Supervisory Services appointed under the authority of titles VIII, VIII-B, IX, and IX-A, respectively, of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq. (2001)).

1123.2    The provisions of a collective bargaining agreement shall take precedence over the provisions of these sections for those employees covered by the agreement, to the extent that there is a conflict.

1123.3    Whenever in these sections it is provided that a decision may be made or an act may be taken by the Director of Personnel, by a personnel authority, by an agency head, or by another designated official, then that authority may be delegated to his or her designee, unless specifically indicated otherwise.

1123.4    The provisions of the Fair Labor Standards Act (FLSA), as amended, shall apply.

1123.5    For the purposes of determining rates of basic pay in this chapter, a rate of basic pay established pursuant to a collective bargaining agreement and applied to a salary or rate schedule shall be deemed to be a separate salary or rate schedule.

1123.6    Compensation for an employee subject to this chapter shall be based on the principles set forth in § 1103 of the CMPA (D.C. Official Code § 1-611.03 (2001)).

1123.7    When the pay authority finds the rates of pay in local, State, and private enterprise for one (1) or more occupations to be substantially above the rates of pay of District government employees in like occupations as to handicap the District’s recruitment or retention of well-qualified individuals, the pay authority may establish higher minimum rates of basic pay for one (1) or more grades, occupational groups, or series and may make corresponding increases in all step rates of the pay range for each grade.

1123.8    Higher minimum rates as specified in § 1123.7 shall be established on a special salary or special rate schedule by a Mayor’s Order or Wage Order.

1123.9    The Director of Personnel shall conduct a periodic review of each special salary or special rate schedule to determine whether there is a continuing need for the schedule and shall revise, modify, or adjust each schedule, as appropriate.

1123.10    Whenever a personnel authority or an agency head believes higher minimum rates are necessary for a position or occupation because of the existence of the conditions specified in § 1123.7, he or she may submit recommendations to the Director of Personnel proposing the establishment of a special salary or special rate schedule.

1123.11    When an employee is receiving a higher minimum rate immediately before a Mayor’s Order or Wage Order increase, the employee’s rate of basic pay shall be adjusted by the same percentage and on the same effective date as the Mayor’s Order or Wage Order increase.

1123.12    The Director of Personnel shall issue procedures to implement these regulations.

1123.13    The Office of the Chief Financial Officer shall ensure that compensation is paid in compliance with the CMPA and these regulations.

---

1124     Compensation System Review and Changes

---

1124.1    (a) The Director, D.C. Department of Human Resources (DCHR), annually may recommend Career, Legal, Excepted, and Management Supervisory Services compensation system changes and adjustments to the Mayor for review. These recommendations shall be based on the criteria established under section 1103 of the CMPA (D.C. Official Code § 1-611.03) (2006).

(b) To the extent that any recommended compensation system changes may affect or ultimately be applicable to Career, Legal, Excepted, and Management Supervisory Services employees in certain independent agencies, the Director, DCHR, shall consult with such independent authorities before making any recommendations to the Mayor.

1124.2    Pursuant to §§ 1105(a) and (b) of the CMPA (D.C. Official Code §§ 1-611.05(a) and (b) (2001)), the Mayor, in consultation with the Board of Education and the Board of Trustees of the University of the District of Columbia, shall periodically review the basic compensation system. This review shall include, at a minimum, the adequacy of rates of basic pay, and may include any other pay-related compensation system components.

1124.3    In accordance with § 1105(c) of the CMPA (D.C. Official Code § 1-611.05(c) (2001)), the Mayor shall provide for appropriate consultations with employee organizations of employees under his or her jurisdiction that have been certified by the Public Employee Relations Board (PERB) for collective bargaining, in the periodic reviews of the compensation system(s).

1124.4    Pursuant to section 1105 (d) of the CMPA (D.C. Official Code § 1-611.05 (d)) (2006), the Mayor shall submit any proposed compensation system changes and adjustments, including employee salary and rate schedules and their proposed effective date(s), to the Council. The submission to the Council shall specify to which agencies, subordinate or independent, the proposed changes shall apply, as well as exclusions, if any.

1124.5   In accordance with § 1105(e) of the CMPA (D.C. Official Code § 1-611.05(e) (2001)), if the Mayor considers it inappropriate to submit proposed system or salary and rate schedule changes because of economic conditions, the pendency of collective bargaining, or budgetary constraints due to limited appropriations or revenues, the Mayor may submit an alternative plan regarding these changes or adjustments with a statement of the reasons for submitting the alternative plan.

1124.6    Pursuant to § 1106(a) of the CMPA (D.C. Official Code § 1-611.06(a) (2001)), if the Council approves the Mayor’s proposal without revisions, and adopts the proposal via resolution, the system and/or salary and rate schedule changes shall become effective on the dates specified by the Mayor in the submission to the Council under § 1124.4.

1124.7    Pursuant to § 1106(a) of the CMPA (D.C. Official Code § 1-611.06(a) (2001)), the Mayor’s submission date shall be the first day of the sixty-day (60-day) period referred to throughout this section.

1124.8    Pursuant to § 1106(a) of the CMPA (D.C. Official Code § 1-611.06(a) (2001)), if the Council fails to act on the Mayor’s proposal within sixty (60) calendar days of submission, the proposal is deemed approved on the day immediately following expiration of the sixty-day (60-day) period and the system and/or salary and rate schedule changes are effective as provided in § 1124.6.

1124.9    Pursuant to § 1106(b) of the CMPA (D.C. Official Code § 1-611.06(b) (2001)), if the Council revises the Mayor’s proposal, the Council’s revised proposal shall be returned to the Mayor.

1124.10    Pursuant to § 1106 of the CMPA (D.C. Official Code § 1-611.06(b) (2001)), if the Mayor concurs with the Council’s revisions, the provisions of the compensation plan shall become effective as may have been specified by the Council in its revisions or, if not so specified, as provided in § 1124.6.

1124.11    Pursuant to § 1106(c) of the CMPA (D.C. Official Code § 1-611.06(c) (2001)), if the Mayor does not concur with any one (1) or more of the Council’s revisions, the Mayor shall return the revised proposal to the Council within ten (10) calendar days of receipt, with a statement of the reasons for not concurring.

1124.12    Pursuant to § 1106(c) of the CMPA (D.C. Official Code § 1-611.06(c) (2001)), the Council reviews the Mayor’s proposal and statement and by a two-thirds (2/3) vote of those members present and voting takes either of the following actions within ten (10) calendar days of receiving the proposal:

1. If the Council adopts a resolution insisting upon one (1) or more of its revisions, the Council returns the revised proposal to the Mayor within ten (10) calendar days of the Mayor’s statement to the Council pursuant to § 1124.11; or
2. If the Council does not act on the Mayor’s proposal and statement, or the Council’s two-thirds (2/3) vote does not prevail within the ten-day (10-day) period, the Mayor’s formal proposal, including any Council revisions to which the Mayor has concurred, shall be effective as provided in § 1124.6.

1124.13    In accordance with § 1106 of the CMPA (D.C. Official Code § 1-611.06(c) (2001)), compensation system and/or salary and rate schedule changes implemented as a result of the process covered in § 1124.12(a) shall become effective as specified by the Council in its revisions or, if not so specified, as provided in § 1124.6.

1124.14    Salary and rate schedules applicable to employees covered by this chapter shall be issued by Mayor’s Order or Wage Order.

1124.15    Pursuant to § 1106(d) of the CMPA (D.C. Official Code § 1-611.06(d) (2001)), retroactive pay shall be payable by reason of an increase to the salary or rate schedules under this section only when either of the following occurs:

1. The individual is in the service of the District government on the date of final action by the Council on the increase; or
2. The individual retired or died during the period beginning on the effective date of the increase and ending on the date of final action by the Council on the increase, and only for the services performed during that period.

1124.16

1. Whenever a compensation system change or adjustment alters the manner in which employees covered under a salary or rate schedule are to be paid or results in the creation of a new salary or rate schedule that alters the manner in which employees covered under the schedule are to be paid, the submission to the Council shall include an explanation of the changes and how employees shall be paid.
2. Immediately upon Council approval of compensation system changes as described in section 1124.16 (a) above, the personnel authority shall:
   1. Issue procedures, in writing, for the implementation of the new salary or rate schedule, initial placement of employees on the schedule, and advancement; and
   2. Inform affected employees of the procedures.

---

1125     Pay Systems

---

1125.1    The following pay systems shall apply to all employees appointed under the Career, Legal, Excepted, or Management Supervisory Services:

1. District Service Salary System; and
2. Wage Service Rate System.

1125.2    The District Service salary schedules are the annual rate schedules applicable to employees who are paid under the District Service Salary System, which is the basic pay system for positions that are classified in accordance with section 1101 of this chapter and for which compensation is established on an annual basis. The District Service Salary System includes the following schedules:

1. Career Service salary schedules (union), the symbol for which is CS;
2. Career Service salary schedules (non-union), the symbol for which is CS;
3. Legal Service salary schedules (non-union and union), the symbols for which are LX (Senior Executive Attorney Service (SEAS) positions and non-SEAS management positions), and LS, respectively;
4. The Excepted Service salary schedule (ES Schedule), the symbol for which is ES; and
5. The Management Supervisory Service Pay schedule (MS Schedule), the symbol for which is MS.

1125.3    The Wage Service rate schedules are the hourly rate schedules applicable to employees who are paid under the Wage Service Rate System, which is the basic pay system for positions that are classified in accordance with section 1105 of this chapter and for which compensation is established on an hourly basis. The Wage Service Rate System includes the following schedules:

1. The Wage Service Rate Schedule (union), with the rates of pay for the following positions:
   1. Regular Non-Supervisory positions, the symbol for which is RW; and
   2. Leader positions, the symbol for which is LW.
2. The Wage Service Rate Schedule (non-union) with the rates of pay for the following positions:
   1. Regular Non-Supervisory positions, the symbol for which is RW;
   2. Leader positions, the symbol for which is LW;
   3. Supervisory positions, the symbol for which is SW; and
   4. Management Supervisory Service positions, the symbol for which is MW.

1125.4    The Recreation Service Rate Schedule, the symbol for which is RS and which shall be comprised of grades and a single rate for each grade, is the hourly rate schedule applicable to employees of the Department of Parks and Recreation who are paid from the Recreation Service Rate System.

---

1126     District Service Salary System—General Provisions

---

1126.1    This section applies to all employees in the Career, Legal, Excepted, and Management Supervisory Services, as applicable, paid under any of the District Service salary schedules listed in section 1125.2 of this chapter.

1126.2    The District Service salary schedules listed in section 1125.2 of this chapter are the basic pay schedules applicable to employees who are paid under the District Service Salary System.

1126.3    As applicable, the District Service salary schedules shall be comprised of:

1. Grades and steps consisting of annual salaries within each grade; or
2. Pay or Grade levels with a minimum, midpoint, and maximum annual salary range within each pay level.

1126.4    When payment is made on an hourly, daily, weekly, or biweekly rate, the rate shall be computed from the appropriate annual rate of basic pay of a District Service salary schedule and in accordance with the rules prescribed in section 1131 of this chapter.

1126.5    Except as provided in Subsections 1126.6 through 1126.11, 1126.21, 1126.22, and 1126.29, a new appointment shall be made at the minimum rate of the grade or pay level.

1126.6    At the discretion of the agency head, initial or first appointments to the Career Service may be made at any salary up to step 4, for positions paid on the Career Service Salary Schedule. The following factors should be considered when setting the pay:

1. Skill set the selectee brings to the job in addition to the minimum qualifications for the position;
2. Effect on agency and budget limitations;
3. Market value of the position; and
4. Internal compensation relationships.

1126.7    For positions paid from an open range salary schedule, the employing agency may set the initial rate of pay at any amount up to the midpoint of the applicable grade or level. The following factors should be considered when setting the pay at an amount up to the midpoint of an open range:

Type of Appointment	Pay-Setting Rule
Initial or First (1st) Appointment with the District Government	The employing agency may set the initial rate of pay at any amount up to the midpoint range of the grade or pay level for the position. The following factors* should be considered when setting the pay at an amount up to the midpoint range: Skill set the selectee brings to the job in addition to the minimum qualifications for the position; Effect on agency and budget limitations; Market value of the position; and Internal compensation relationships. For extraordinary cases, the employing agency shall request approval from the personnel authority to set the initial rate of pay at an amount above the midpoint range of the grade or pay level for the position. The personnel authority shall establish the criteria for the request, which shall be made in writing by the employing agency. Note: The employing agency may not seek information about or base compensation offers on salary history, unless selectee introduces salary history into the negotiation process.
Promotion (including temporary Promotion)	The rate of pay of an employee promoted within or to an open range salary schedule shall be set by adding 10% to the employee’s current rate of basic pay. Any deviation is subject to approval by the personnel authority.
Change to Lower Grade (Demotion) [Non-Disciplinary/Performance Reasons]	There shall be no change to the rate of pay of an employee upon a change to lower grade for non-disciplinary reasons; provided that the employee’s current salary is within the range of pay for the new (lower) grade or pay level. If the employee’s current rate of pay is over or at the maximum rate for the new (lower) grade or pay level, the rate of pay shall be set at the maximum rate for the new (lower) grade or pay level.
Change to Lower Grade (Demotion) [Disciplinary/Performance Reasons]	The rate of pay of an employee who is changed to a position at a lower grade due to discipline or performance reasons shall be set at an amount ten percent (10%) lower than the employee’s rate of pay at the higher-graded position; provided that the rate of pay shall not be set at an amount lower than the minimum nor higher than the maximum rate for the lower-graded position.
Reassignment	There shall be no change to the rate of pay of an employee upon reassignment action.

1126.8    Subsection 1126.7 shall apply to all initial appointments, promotions, changes to a lower grade, and reassignments to non-union Career Service white collar positions at grades 15 and above.

1126.9    An appointment to a Career Service position under a CS salary schedule with steps, whether the initial or first (1st) appointment with the District government or a reemployment appointment, may be made at a rate above the representative rate of the appropriate grade on the CS salary schedule on the basis of superior qualifications, as provided in sections 1126.10 through 1126.12 of this section.

1126.10    Upon the approval of the personnel authority, initial appointments with the District government to Career Service positions at grade level 7 and above on a CS salary schedule may be made on the basis of superior qualifications of the candidate.

1126.11    A superior qualifications appointment shall be based on all of the following criteria:

1. The special needs of the agency for the candidate’s services;
2. The candidate’s unusually high or unique qualifications for the position; and
3. The candidate’s rate of basic pay or salary history, only if raised by the candidate in salary negotiation during the hiring process.

1126.12    When a superior qualifications appointment is made by reemployment, the candidate must have a break in service of at least ninety (90) calendar days since his or her last period of District government service.

1126.13    At the discretion of the agency head, the rate of basic pay of an employee in the Management Supervisory Service (MSS) with Career Service status who moves to the Career Service without a break in service of more than three (3) months to a position under a CS salary schedule with steps, may be set at any rate of the appropriate grade on the CS salary schedule that does not exceed the employee’s existing rate of basic pay on the MS Schedule (open ranges) or MW rate schedule, except that the rate of basic pay on the CS salary schedule shall not be set below the rate of basic pay that the employee would have attained in the Career Service had the MSS appointment never been effected.

1126.14    At the discretion of the agency head, the rate of basic pay of an employee in the Management Supervisory Service without Career Service status who moves to the Career Service without a break in service to a position under a CS salary schedule with steps, may be set at the minimum rate of the appropriate grade on the CS salary schedule or at any rate above the minimum rate that does not exceed the employee’s existing rate of basic pay on the MS Schedule (open ranges) or MW rate schedule.

1126.15    When an employee moves without a break in service from an Excepted Service position under the ES Schedule to a lower or equivalent grade in 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. If the employee’s rate of basic pay exceeds the rate of pay for the grade on the CS schedule, the rate of basic pay shall be set at the highest step of the grade.

1126.16    In accordance with the provisions of section 1126.17 of this section, an agency may make a special adjustment in the rate of basic pay of a supervisor in a Career Service position paid under a salary schedule with steps when both of the following are true:

1. The supervisor regularly has responsibility for supervision (which must include supervision over the technical aspects of the work concerned) over one (1) or more employees subject to the Wage Service Rate System; and
2. The rate of basic pay for the supervisor is less than the highest rate of basic pay for any Wage Service employee he or she supervises.

1126.17    When an agency decides to adjust the rate of basic pay for a supervisor as provided in section 1126.16 of this section, the rate of basic pay shall be adjusted to the nearest step, but not above the maximum step, of his or her grade that exceeds the highest rate of basic pay for any Wage Service employee for whom the supervisor regularly has responsibility for supervision.

1126.18    The adjustment of a supervisor’s rate of basic pay in accordance with sections 1126.16 and 1126.17 of this section shall become effective on the first (1st) day of the first (1st) biweekly pay period following the date on which the agency determines to make the adjustment.

1126.19    Neither a retained rate nor any form of premium pay shall be considered part of an employee’s rate of basic pay in making determinations relative to pay adjustments effected in accordance with sections 1126.16 through 1126.18 of this section.

1126.20    A new appointment in the Legal Service may be made at any step on the appropriate LS salary schedule.

1126.21    A new appointment in the Legal Service to a Senior Executive Attorney Service (SEAS) position or non-SEAS management position may be made at an appropriate rate, as specified in Subsections 1126.22 through 1126.26 of this section.

1126.22    The Attorney General may designate the appropriate starting salary for new appointments to supervisory attorney positions in the Office of the Attorney General (OAG) on the LX Schedule or other appropriate salary schedule, based on the criteria established in Subsection 1126.23 of this section.

1126.23    The personnel authority shall designate the appropriate starting salary for agency supervisory attorneys, including general counsels and deputy general counsels,under the LX Schedule (or its equivalent), based upon, but not limited to, the following criteria:

1. Number of employees supervised;
2. Complexity of the duties and responsibilities;
3. Experience and skills; and
4. Job performance.

1126.24    The salary of an attorney compensated on the LX Schedule who is temporarily assigned to a position at a higher or lower level on the LX Schedule, or its equivalent, may be set at any salary within the salary range of the temporary assignment or at a salary within the salary range of the level of the attorney’s regular position. Upon termination of the temporary assignment, the attorney shall return to the position and salary the attorney occupied prior to the temporary assignment.

1126.25    Attorneys paid from an LX salary schedule, or equivalent, shall not receive overtime pay or premium pay.

1126.26    The salary of an attorney compensated outside of the LX Schedule who is temporarily assigned to a position on the LX Schedule may be set at any salary within the salary range of the level to which the attorney is temporarily assigned. Upon termination of the temporary assignment, the attorney shall return to the position and salary the attorney occupied prior to the temporary assignment.

1126.27    Employees holding appointments in positions not on the LX Schedule on the effective date of this section shall continue to be paid their existing salary until a personnel action is effected establishing a salary within the salary range for the designated level of the covered positions on the LX Schedule.

1126.28    At the discretion of the personnel authority in the case of an independent agency as defined in Chapter 36 of these regulations, a new appointment in the Legal Service to a position paid from a LX salary schedule may be made at any rate of the appropriate pay level on the schedule.

1126.29    An independent personnel authority that employs Legal Service attorneys in SEAS and non-SEAS management positions shall:

1. Issue pay-setting procedures, in writing, for new appointments that include the same or similar factors listed in sections 1126.22 through 1126.26 of this section; and
2. Inform affected employees of the pay-setting procedures.

---

1127     District Service Salary System—Within Grade Increases

---

1127.1    In this section, the following term has the meaning ascribed:

Permanent position — a position filled by an employee whose appointment is not designated as temporary by law and not limited to one (1) year or less, and includes a temporary or term promotion of more than one (1) year. “Permanent position” does not include a position filled by an employee whose appointment is limited to one (1) year or less and subsequently extended so the total time of the appointment exceeds one (1) year.

1127.2    This section applies to all employees paid from a schedule under the District Service Salary System.

1127.3    An employee occupying a permanent position who has not reached the maximum rate of his or her grade shall be granted a within-grade increase if he or she meets all of the following requirements:

1. The employee must have completed the required waiting period for advancement to the next higher step of the grade of his or her position;
2. The employee must not have received an equivalent increase during the waiting period; and
3. The employee’s performance rating assigned for the most recent rating period that ended prior to the completion date of the required waiting period must be either Satisfactory or better or Meets Expectations or better, as applicable.

1127.4    For an employee with a scheduled tour of duty, the waiting periods for advancement to the following steps in all District Service salary schedule grades shall be as follows:

1. Steps 2, 3, 4, and 5: fifty-two (52) calendar weeks of creditable service; and
2. Steps 6, 7, 8, 9, and 10: one hundred four (104) calendar weeks of creditable service.

1127.5    For an employee without a scheduled tour of duty, the waiting periods for advancement to the following steps in all District Service salary schedule grades shall be as follows:

1. Steps 2, 3, 4, and 5: two hundred sixty (260) days of creditable service in a pay status over a period of not less than fifty-two (52) calendar weeks; and
2. Steps 6, 7, 8, 9, and 10: five hundred twenty (520) days of creditable service in a pay status over a period of not less than one hundred four (104) calendar weeks.

1127.6    Any day on which part-time service is performed by an employee without a scheduled tour of duty shall constitute one (1) full day for the purpose of this section.

1127.7    A new waiting period for a within-grade increase shall begin with each of the following:

1. On a new appointment as an employee of the District government;
2. After a period of nonpay status or a break in service (alone or in combination) in excess of fifty-two (52) continuous calendar weeks, unless the nonpay status or break in service is due to being on temporary assignment pursuant to the Intergovernmental Personnel Act (IPA) of 1970, approved January 5, 1971 (P.L. 91-648; 84 Stat. 1909; 5 U.S.C. § 3301 et seq.) or Chapter 27 of these regulations; or
3. Upon receiving an equivalent increase.

1127.8    The waiting period shall not be interrupted by nonworkdays intervening between an employee’s last regularly scheduled workday in one position and his or her first regularly scheduled workday in a new position.

1127.9    Employment in any District government agency under the pay authority of the Mayor shall be creditable service in the computation of a waiting period.

1127.10    Creditable service shall include all periods of annual, sick, and other leave with pay; any absence from duty that occurs during an employee’s basic workweek for which pay is received, including authorized absence on a legal holiday or nonworkday established by administrative order; and service under a time-limited appointment that is not interrupted by a break in service or a period of nonpay status in excess of fifty-two (52) calendar weeks.

1127.11    For an employee with a scheduled tour of duty, time in a nonpay status, except as provided in §§ 1127.13 through 1127.17, shall be creditable service in the computation of a waiting period when it does not exceed an aggregate of any of the following:

1. Two (2) administrative workweeks in the waiting period for steps 2, 3, 4, or 5; or
2. Four (4) administrative workweeks in the waiting period for steps 6, 7, 8, 9, or 10.

1127.12    Except as otherwise provided in this section, time in a nonpay status in excess of the allowable amounts set forth in § 1127.11 shall extend a waiting period by the excess amount.

1127.13    Leave without pay granted to an employee because of an injury for which compensation is payable under title XXIII of the CMPA (D.C. Official Code § 1- 623.01 et seq. (2001 & 2003 Supp.)) shall be creditable service.

1127.14    An employee separated as a result of an injury incurred while performing assigned duties shall be entitled, upon reemployment with the District government, to have counted as creditable service the entire time during which he or she received compensation.

1127.15    Service with the Armed Forces during a period of war or national emergency shall be creditable service when an employee leaves his or her District position to enter the Armed Forces and either of the following occurs:

1. The employee is reemployed in a position subject to a District Service salary schedule not later than fifty-two (52) calendar weeks after separation from active military duty; or
2. The employee is restored to the civilian position after separation from active military duty or hospitalization continuing thereafter as provided in Chapter 43 of Part III of Title 38 of the U.S. Code.

1127.16    When an employee is restored to duty by an appropriate authority as defined in § 1149.1, the period from the date of separation to the date of return to duty shall be creditable service.

1127.17    A period of leave without pay during an employee’s assignment with an agency of the federal government, a State or local government, a private sector organization, or an institution of higher education under Chapter 27 of these regulations shall be creditable service.

1127.18    When an employee receives more than one (1) increase in his or her rate of basic pay during the waiting period under consideration, no one (1) of which is an equivalent increase, the first and subsequent increases shall be added until the total increase is equal to or greater than an equivalent increase, at which time he or she shall be deemed to have received an equivalent increase.

1127.19    An increase in the rate of basic pay of an employee paid from a District Service salary schedule shall not be considered an equivalent increase when it results from any of the following:

1. Adjustment of salary and rate schedules;
2. The establishment or adjustment of a higher minimum rate of basic pay as provided in § 1123.7;
3. A temporary or term promotion in which the highest previous rate is not used when returned to the position from which promoted; or
4. An increase resulting when an employee is placed in a supervisory or managerial position, and is returned to a position at the same grade and step held before that placement.

1127.20    The agency head shall be responsible for determining what constitutes a performance rating of “Satisfactory” or better or “Meets Expectations” or better, as applicable, and for determining which employees are performing at those levels.

1127.21    The decision to grant or deny a within-grade increase shall be deferred when a performance rating has not been assigned for the most recent rating period that ended prior to the completion date of the required waiting period under any of the following circumstances:

1. The employee has received a letter of warning of unsatisfactory performance or equivalent;
2. The employee has received a warning letter with postponement of rating; or
3. The rating is postponed in accordance with Chapter 14 of these regulations because of a notice of proposed removal or change to lower grade for cause as defined in Chapter 16 of these regulations.

1127.22    When the decision to grant or deny a within-grade increase has been deferred as provided in § 1127.21, the within-grade increase shall be granted as of the date it was otherwise due if the performance rating assigned is “Satisfactory” or better or “Meets Expectations” or better, as applicable.

1127.23    An employee who is denied a within-grade increase in accordance with Chapter 14 of these regulations and is reassigned shall become eligible for a within-grade increase upon receipt of a performance rating of “Satisfactory” or better or “Meets Expectations” or better, as applicable.

1127.24    When an ”Unsatisfactory” performance rating (or equivalent), removal, or change to lower grade for cause, which resulted in a denial of a within-grade increase, is subsequently overturned, the employee shall be granted the within-grade increase for which he or she becomes eligible as of the date on which the within-grade increase otherwise became due.

1127.25    An employee shall be notified in writing of the decision to grant or deny a withingrade increase.

1127.26    A within-grade increase shall be effective on the first day of the first biweekly pay period following completion of the required waiting period and the requirements of § 1127.3.

1127.27    When the effective date of a within-grade increase and the effective date of a personnel action occur at the same time, the agency shall process the actions in the order that gives the employee the maximum benefit.

1127.28    When a within-grade increase is delayed beyond its proper effective date through administrative oversight, error, or delay, the agency shall make the increase effective as of the date it was properly due.

1127.29    An adjustment in pay under § 1126.19 shall be an equivalent increase in pay for within-grade increase purposes.

---

1128     Wage Service System—General Provisions

---

1128.1    This section applies to all Career and Management Supervisory Service employees paid under a Wage Service rate schedule.

1128.2    The Wage Service rate schedules listed in section 1125.3 of this chapter are the hourly rate schedules applicable to employees who are paid from the Wage Service Rate System.

1128.3    The Wage Service rate schedules shall be comprised of grades and steps consisting of hourly rates within each grade.

1128.4    Except as provided in sections 1128.5 through 1128.8 of this section, a new appointment shall be made at the minimum rate of the grade.

1128.5    At the discretion of the agency head (or designee), an individual may be appointed at any step up to the representative rate of the appropriate grade on an applicable Wage Service rate schedule.

1128.6    An individual may be appointed at a rate above the representative rate of the appropriate grade on the basis of superior qualifications, as provided in sections 1128.7 and 1128.8 of this section.

1128.7    A superior qualifications appointment may be made only with the approval of the personnel authority.

1128.8    A superior qualifications appointment shall be based on all of the following criteria:

1. The special needs of the agency for the candidate’s services;
2. The candidate’s skills and experience are of an exceptional or highly specialized nature in his or her trade or craft; and
3. The candidate’s rate of basic pay.

1128.9    When a superior qualifications appointment is made by reemployment, the candidate must have a break in service of at least ninety (90) calendar days since his or her last period of District government service.

1128.10    At the discretion of the agency head, the rate of basic pay of an employee in the Management Supervisory Service (MSS) with Career Service status who is paid under the MW rate schedule and moves to a Career Service wage position without a break in service of more than three (3) months may be set at any rate of the appropriate grade on the RW, LW, or SW rate schedule that does not exceed the employee’s existing rate of basic pay on a MW rate schedule, except that the rate of basic pay on the RW, LW, or SW rate schedule shall not be set below the rate of basic pay that the employee would have attained in the Career Service had the MSS appointment never been effected.

1128.11    At the discretion of the agency head, the rate of basic pay of an employee in the MSS without Career Service status who is paid under the MW rate schedule and moves to a Career Service wage position without a break in service may be set at the minimum rate of the appropriate grade on the RW, LW, or SW rate schedule or at any rate above the minimum rate that does not exceed the employee’s existing rate of basic pay on a MW rate schedule.

1128.12    When an employee moves without a break in service from a position paid under a Wage Service Rate System schedule to a position paid under another Wage Service Rate System Schedule (i.e., movement within the same rate schedule, and movement from a rate schedule to a different rate schedule), the rate of pay shall be determined under one (1) of the following, as appropriate:

1. 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 on the Wage Service Rate System schedule is less than the representative rate of the grade to which he or she is being assigned, 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 grade on the rate schedule that is equivalent to his or her existing rate of basic pay, plus two (2) step increases of the current grade on a Wage Service Rate System Schedule;
   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.
2. 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 on the Wage Service Rate System schedule is equal to or more than the representative rate of the grade to which he or she is being assigned on the MW rate schedule, the movement constitutes either 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 grade on the MW rate schedule that does not exceed his or her highest previous rate on a Wage Service Rate System schedule; or
   2. If the employee’s highest previous rate on a Wage Service Rate System schedule falls between two (2) rates of the new grade, the agency may pay the employee at the higher rate.

1128.13    When an employee moves without a break in service from a Career Service position under the CS salary schedule to a Management Supervisory Service position under the MW rate schedule, the rate of basic pay on the MW rate schedule shall be determined under the provisions of section 1126.15 of this chapter, reading “MS salary” as “MW rate.”

1128.14    When an employee moves without a break in service from a Management Supervisory Service (MSS) position under the MS salary schedule to a MSS position under a MW rate schedule, the rate of pay on the MW rate schedule shall be determined under the provisions of section 1130.3 of this chapter, using the employee’s MS salary schedule as the “current schedule” and the MW rate schedule as the “new schedule.”

1128.15    When any action moves an employee from one MW rate schedule (“current” schedule) to another grade within the same rate schedule or to any grade within another MW rate schedule (“new” schedule), the rate of pay on the new schedule shall be determined under one (1) of the following, as appropriate:

1. 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 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 one (1) step increase 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.
2. 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 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.

---

1129     Wage Service Rate System—Within-Grade Increases

---

1129.1    In this section, the following term has the meaning ascribed:

Permanent position—a position filled by an employee whose appointment is not designated as temporary by law and not limited to one (1) year or less, and includes a temporary or term promotion of more than one (1) year. The term does not include a position filled by an employee whose appointment is limited to one (1) year or less and subsequently extended so the total time of the appointment exceeds one (1) year.

1129.2    This section applies to all Career, Excepted, and Management Supervisory Service employees paid under a Wage Service rate schedule.

1129.3    Any Wage Service employee occupying a permanent position who has not reached the maximum rate of his or her grade shall be granted a within-grade increase if he or she meets all of the following requirements:

1. The employee must have completed the required waiting period for advancement to the next higher step of the grade of his or her position;
2. The employee must not have received an equivalent increase during the waiting period; and
3. The employee’s performance rating assigned for the most recent rating period that ended prior to the completion date of the required waiting period must be either “Satisfactory” or better or “Meets Expectations” or better, as applicable.

1129.4    Except as provided in Subsection 1129.6, the waiting periods for advancement to the next rate in all grades for a wage employee with a scheduled tour of duty shall be as follows:

1. Rates 2, 3, 4, and 5: fifty-two (52) calendar weeks of creditable service; and
2. Rates 6, 7, 8, 9, and 10: one hundred four (104) calendar weeks of creditable service.

1129.5    Except as provided in Subsection 1129.7, the waiting period for advancement to the next rates in all grades for a wage employee without a scheduled tour of duty shall be as follows:

1. Rates 3, 4, and 5: two hundred sixty (260) days of creditable service in a pay status over a period of not less than twenty-six (26) calendar weeks; and
2. Rates 7, 8, 9, and 10: five hundred twenty (520) days of creditable service in a pay status over a period of not less than one hundred four (104) calendar weeks.

1129.6    For a wage employee with a scheduled tour of duty paid from the Printing Wage Service Rate Schedule, the waiting periods for advancement to the second and third rates in all grades shall be fifty-two (52) calendar weeks of creditable service.

1129.7    For a wage employee without a scheduled tour of duty, paid from the Printing Wage Service Rate Schedule, the waiting periods for advancement to the second and third rates in all grades shall be two hundred sixty (260) days of creditable service.

1129.8    Any day on which part-time service is performed by an employee without a scheduled tour of duty shall constitute one (1) full day for the purpose of this section.

1129.9    A new waiting period for a within-grade increase shall begin with each of the following:

1. On a new appointment as an employee of the District government;
2. After a period of nonpay status or a break in service (alone or in combination) in excess of fifty-two (52) continuous calendar weeks, unless the nonpay status or break in service is due to being on temporary assignment pursuant to the Intergovernmental Personnel Act (IPA) of 1970, approved January 5, 1971 (P.L. 91-648; 84 Stat. 1909; 5 U.S.C. § 3301 et seq.), or Chapter 27 of these regulations; or
3. Upon receiving an equivalent increase.

1129.10    The waiting period shall not be interrupted by nonworkdays intervening between an employee’s last regularly scheduled workday in one position and his or her first regularly scheduled workday in a new position.

1129.11    Employment in any District government agency under the pay authority of the Mayor shall be creditable service in the computation of a waiting period.

1129.12    Creditable service shall include all periods of annual, sick, and other leave with pay; any absence from duty that occurs during an employee’s basic workweek for which pay is received, including authorized absence on a legal holiday or nonworkday established by administrative order; and service under a time-limited appointment that is not interrupted by a break in service or a period of nonpay status in excess of fifty-two (52) calendar weeks.

1129.13    For a wage employee with a scheduled tour of duty, time in a nonpay status, except as provided in Subsections 1129.15 through 1129.19, shall be creditable service in the computation of a waiting period when it does not exceed an aggregate of any of the following:

1. Two (2) administrative workweeks in the waiting period for rates 2, 3, 4, or 5;
2. Four (4) administrative workweeks in the waiting period for rates 7, 8, 9, or 10.

1129.14    Except as otherwise provided in this section, time in a nonpay status in excess of the allowable amounts set forth in § 1129.13 shall extend a waiting period by the excess amount.

1129.15    Leave without pay granted to an employee because of an injury for which compensation is payable under title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq. (2001 & 2003 Supp.)) shall be creditable service.

1129.16    An employee separated as a result of an injury incurred while performing assigned duties shall be entitled, upon reemployment with the District government, to have counted as creditable service the entire time during which he or she received compensation.

1129.17    Service with the Armed Forces during a period of war or national emergency shall be creditable service when an employee leaves his or her District position to enter the Armed Forces and either of the following occurs:

1. The employee is reemployed in a position subject to a Wage Service rate schedule not later than fifty-two (52) calendar weeks after separation from active military duty; or
2. The employee is restored to the civilian position after separation from active military duty or hospitalization continuing thereafter as provided in Chapter 43 of Part III of Title 38 of the U.S. Code.

1129.18    When an employee is restored to duty by an appropriate authority as defined in § 1149, the period from the date of separation to the date of return to duty shall be creditable service.

1129.19    A period of leave without pay during an employee’s assignment with an agency of the federal government, a State or local government, a private sector organization, or an institution of higher education under Chapter 27 of these regulations shall be creditable service.

1129.20    When an employee receives more than one (1) increase in his or her rate of basic pay during the waiting period under consideration, no one (1) of which is an equivalent increase, the first and subsequent increases shall be added until the total increase is equal to or greater than an equivalent increase, at which time he or she shall be deemed to have received an equivalent increase.

1129.21    An increase to the rate of basic pay of an employee paid from a Wage Service rate schedule shall not be considered an equivalent increase when it results from any of the following:

1. Adjustment of salary and rate schedules;
2. The establishment or adjustment of a higher minimum rate of basic pay as provided in § 1123.7;
3. A temporary or term promotion in which the highest previous rate is not used when returned to the position from which promoted; or
4. An increase resulting when an employee is placed in a supervisory or managerial position, and is returned to a position at the same grade and step held before that placement.

1129.22    The agency head shall be responsible for determining what constitutes a performance rating of “Satisfactory” or better or “Meets Expectations” or better, as applicable, and for determining which employees are performing at those levels.

1129.23    The agency head may delegate his or her authority under § 1129.22 to the appropriate supervisory level in his or her agency.

1129.24    The decision to grant or deny a within-grade increase shall be deferred when a performance rating has not been assigned for the most recent rating period that ended prior to the completion date of the required waiting period under any of the following circumstances:

1. The employee has received a letter of warning of unsatisfactory performance or equivalent;
2. The employee has received a warning letter with postponement of rating; or
3. The rating is postponed in accordance with Chapter 14 of these regulations because of a notice of proposed removal or change to lower grade for cause as defined in Chapter 16 of these regulations.

1129.25    When the decision to grant or deny a within-grade increase has been deferred as provided in § 1129.24, the within-grade increase shall be granted as of the date it was otherwise due if the performance rating assigned is “Satisfactory” or better or “Meets Expectations” or better, as applicable.

1129.26    An employee who is denied a within-grade increase in accordance with Chapter 14 of these regulations and is reassigned shall become eligible for a within-grade increase upon receipt of a performance rating of “Satisfactory” or better or “Meets Expectations” or better, as applicable.

1129.27    When an ”Unsatisfactory” performance rating (or equivalent), removal, or change to lower grade for cause, which resulted in a denial of a within-grade increase, is subsequently overturned, the employee shall be granted the within-grade increase for which he or she becomes eligible as of the date on which the within-grade increase otherwise became due.

1129.28    An employee shall be notified in writing of the decision to grant or deny a withingrade increase.

1129.29    A within-grade increase shall be effective on the first day of the first biweekly pay period following completion of the required waiting period and the requirements of § 1129.3.

1129.30    When the effective date of a within-grade increase and the effective date of a personnel action occur at the same time, the agency shall process the actions in the order that gives the employee the maximum benefit.

1129.31    When a within-grade increase is delayed beyond its proper effective date through administrative oversight, error, or delay, the agency shall make the increase effective as of the date it was properly due.

---

1130     Career Service Position Changes—Setting Pay

---

1130.1    Except 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:

1. Reinstatement to or a promotion in a position in the Career Service paid under a salary or rate schedule with steps;
2. 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
3. Reclassification of an encumbered Career Service position involving salary or rate schedules with steps.

1130.2    When 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.

1130.3    When 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:

1. If the representative rate 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.
2. If the representative rate of the new position is less than the representative rate of the employee’s existing position, the movement constitutes a “change to a lower grade.” If the representative rate of the new position is equal to the representative rate of the employee’s existing position, the movement constitutes a “reassignment.” When the movement is either a “change to a lower grade” or a “reassignment,” the agency may pay the employee as follows:
   1. The agency may pay the employee at any rate of the new grade that does not exceed his or her highest previous rate;
   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; or
   3. For competitive appointments to a different position, an agency may pay the employee in accordance with the pay-setting rules for initial or first-time appointments with the District government outlined in Subsection 1126.6.

1130.4    When 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:

1. If the representative rate 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.
2. If the representative rate 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.

1130.5    When 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.

1130.6    When 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.

1130.7    The 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.

1130.8    Except 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.

1130.9    With 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:

1. 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
2. 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.

1130.10    In 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.

1130.11    Upon 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.

1130.12    An 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.

1130.13    Whenever 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.

1130.14    When 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.

1130.15    The 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.

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

1. 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;
2. 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
3. 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.

1130.17    When an employee is converted from a term or temporary appointment to a permanent appointment at the same grade level in the Career Service pursuant to Chapter 8 of these regulations, there shall be no change to the rate of pay.

---

1131     Computation of Salary and Rate Schedules

---

1131.1    For pay computation purposes, the annual rate of basic pay established by the Council or Mayor’s authority shall be deemed payment for employment during fifty-two (52) administrative workweeks of forty (40) hours.

1131.2    When it is necessary for pay computation to convert an annual rate of basic pay to an hourly, daily, weekly, or biweekly rate of basic pay, the following rules shall govern:

1. To derive an hourly rate, divide the annual rate by two thousand eighty (2,080) (rounded to the nearest cent, counting one-half (½) cent and over as a whole cent);
2. To derive a daily rate, multiply the hourly rate by the number of daily service hours required; and
3. To derive a weekly or biweekly rate, multiply the hourly rate by forty (40) or eighty (80), as appropriate.

1131.3    A rate computed under § 1131.2 shall be carried three (3) decimal places and rounded to the nearest cent, counting one-half (½) cent and over as a whole cent.

1131.4    When a rate of basic pay is adjusted under § 1124, the computation for determining each salary and rate schedule shall be as follows:

1. For each salary schedule under the District Service Salary System:
   1. Multiply the old step 4 of each grade (representative rate) by the percentage of the increase to derive the new step 4 (rounded to the nearest dollar);
   2. Multiply the old step 5 of each grade by the percentage of the increase to derive the new step 5 (rounded to the nearest dollar);
   3. Subtract the new step 4 from the new step 5 to derive the new step increment;
   4. Subtract the new step increment from the new step 4 to derive the new step 3;
   5. Subtract the new step increment from the new step 3 to derive the new step 2;
   6. Subtract the new step increment from the new step 2 to derive the new step 1;
   7. Add the new step increment to the new step 5 to derive the new step 6;
   8. Add the new step increment to the new step 6 to derive the new step 7;
   9. Add the new step increment to the new step 7 to derive the new step 8;
   10. Add the new step increment to the new step 8 to derive the new step 9; and 
   11. Add the new step increment to the new step 9 to derive the new step 10.
2. For each rate schedule under the Wage Service Rate System:
   1. Multiply the old step 2 of each grade (representative rate) by the percentage of the increase to derive the new step 2 (rounded to the nearest cent);
   2. Multiply the new step 2 by ninety-six percent (96%) to derive the new step 1 (rounded to the nearest cent);
   3. Multiply the new step 2 by one hundred four percent (104%) to derive the new step 3 (rounded to the nearest cent);
   4. Multiply the new step 2 by one hundred eight percent (108%) to derive the new step 4 (rounded to the nearest cent);
   5. Multiply the new step 2 by one hundred twelve percent (112%) to derive the new step 5 (rounded to the nearest cent);
   6. Multiply the new step 2 by one hundred sixteen percent (116%) to derive the new step 6 (rounded to the nearest cent); and
   7. To derive an annual rate for each step, multiply each step by two thousand eighty (2080).

1131.5    The pay period for an employee paid under this chapter shall be a biweekly pay period consisting of two (2) consecutive administrative workweeks.

1131.6    An employee required by Chapter 4 of these regulations to execute an affidavit shall not be entitled to compensation under this chapter until the affidavit has been executed.

1131.7    A promotion shall be effective on the first day of a biweekly pay period.

1131.8    When a lump-sum payment for accrued annual leave is authorized under Chapter 12 of these regulations, the employee shall be compensated for all hours of unused annual leave at the employee’s rate of basic pay.

1131.9    When a lump-sum payment for compensatory time accrued prior to the effective date of this chapter is authorized under Chapter 12 of these regulations, the employee shall be compensated for such compensatory time at the employee’s rate of basic pay.

1131.10    As applicable for the purpose of computing salary and rate schedules, the percentage authorized for a general pay increase, or the dollar amount if so authorized, shall be added to the representative rate of the appropriate salary or rate schedule and this new rate shall be used as the basis for the determination of the other rates contained on the schedule. 

1131.11    The representative rate for District Service salary schedules comprised of grades and steps consisting of annual salaries within each grade and the Wage Service rate schedules shall be the following:

1. For grades 1 through 14, the fourth (4th) step of each District Service salary schedule comprised of grades and steps consisting of annual salaries within each grade; and
2. The fourth (4th) step of each Wage Service rate schedule.

1131.12    The representative rate for District Service salary schedules comprised of ranges shall be the midpoint for the grade or pay level of the appropriate salary schedule.

---

1132     Premium Pay—Holiday Premium Pay

---

1132.1    Holiday premium pay shall not be paid unless specifically authorized by this section.

1132.2    An employee who performs actual work within the hours of his or her scheduled daily 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 the employee’s regularly scheduled day off falls on a holiday, shall be entitled to pay at the rate of his or her rate of basic pay for the scheduled daily tour of duty plus premium pay paid at the employee’s hourly rate of basic pay for each hour worked during the scheduled daily tour of duty.

1132.3    An employee who is required to perform holiday work shall be entitled to a minimum of two (2) hours of holiday premium pay.

1132.4    One-quarter (¼) of an hour shall be the smallest fraction of an hour used for crediting holiday premium pay; but, when such work is performed in other than the full fraction, odd minutes shall be rounded up or rounded down to the nearest full fraction (i.e., quarter) of an hour.

1132.5    An employee shall be entitled to pay for overtime work on a holiday at the same rate as for overtime work on other days.

1132.6    An employee paid at grade 15 or above shall not be entitled to holiday premium pay.

1132.7    Holiday premium pay under this section shall be in addition to other pay and shall not be considered basic pay for any purpose.

---

1133     Premium Pay—Sunday Premium Pay

---

1133.1    Sunday premium pay shall not be paid unless specifically authorized by this section.

1133.2    A full-time employee shall be entitled to pay at his or her rate of basic pay plus premium pay at a rate equal to twenty-five percent (25%) of his or her rate of basic pay for each hour of Sunday work that is not overtime work and that is not in excess of the employee’s scheduled daily tour of duty that begins or ends on Sunday.

1133.3    Sunday premium pay shall be credited in increments of one-quarter (¼) of an hour for each fifteen (15) minutes and portion thereof in excess of fifteen (15) minutes.

1133.4    A part-time employee or an employee with no scheduled tour of duty shall not be entitled to premium pay for Sunday work.

1133.5    An employee shall not be entitled to Sunday premium pay for periods of paid leave.

1133.6    Sunday premium pay shall not be considered basic pay for any purpose except for computing overtime under the Fair Labor Standards Act.

---

1134     Premium Pay—Night Differential

---

1134.1    Night differential shall not be paid unless specifically authorized by this section.

1134.2    An employee who performs regularly scheduled night work between the hours of 6:00 p.m. and 6:00 a.m. shall be entitled to premium pay as provided in § 1134.3.

1134.3    An employee who performs regularly scheduled nonovertime night work shall be entitled to pay at a rate equal to ten percent (10%) of his or her rate of basic pay for that work, payable on an hour-for-hour basis, in increments of one-quarter (¼) of an hour for each fifteen (15) minutes and portion thereof in excess of fifteen (15) minutes.

1134.4    An employee shall be entitled to a night differential for night work performed when he or she is assigned temporarily, except on an overtime basis, to a tour of duty other than his or her own.

1134.5    Night differential shall not be considered basic pay for any purpose except for computing overtime under the Fair Labor Standards Act.

---

1135     Premium Pay—Administrative Closing Pay/Leave

---

1135.1    Administrative closing pay shall not be provided nor shall administrative closing leave be paid unless specifically authorized by this section.

1135.2    An emergency employee who is required to perform non-overtime work within his or her forty-hour (40-hour) basic workweek during a period of early dismissal or government closing in accordance with Chapter 12 of these regulations shall be entitled, as determined by the agency head, to either administrative closing pay or administrative closing leave, but not both, for the hours actually worked.

1135.3    Administrative closing pay shall consist of additional compensation provided on an hour-for-hour basis, equivalent to the employee’s rate of basic pay, as compensation for work actually performed during a designated emergency.

1135.4    One-quarter (¼) of an hour shall be the smallest fraction of an hour used for crediting administrative closing pay; but, when such work is performed in other than the full fraction, odd minutes shall be rounded up or rounded down to the nearest full fraction (i.e., quarter) of an hour.

1135.5    Administrative closing pay shall be in addition to other pay and shall not be considered basic pay for any purpose.

1135.6    Administrative closing leave shall consist of additional time off earned on an hour-for-hour basis as compensation for work actually performed during a designated emergency.

1135.7    One-quarter (¼) of an hour shall be the smallest fraction of an hour used for crediting administrative closing leave; but, when such work is performed in other than the full fraction, odd minutes shall be rounded up or rounded down to the nearest full fraction (i.e., quarter) of an hour.

1135.8    Administrative closing leave shall be maintained in a separate account from other forms of leave, but shall be scheduled and granted in accordance with the provisions contained in Chapter 12 of these regulations for annual leave.

1135.9    Administrative closing leave that is not used within twelve (12) months of being earned shall be forfeited.

1135.10    Upon separation from employment, an employee shall be paid, at his or her rate of basic pay at the time of separation, for any unused administrative closing leave remaining to his or her credit.

---

1136     Premium Pay—Local Environment Pay

---

1136.1    Local environment pay shall not be paid unless specifically authorized by this section.

1136.2    An employee shall be paid local environment pay when exposed to an unusually severe working condition or hazard that falls within one (1) of the categories authorized in a schedule of local environment pay rates as established under § 1136.4.

1136.3    Positions for which local environment pay may be authorized shall require the approval of the Director of Personnel.

1136.4    A schedule of local environment pay rates and the duties for which they are payable and the period during which they are payable shall be established by the Director of Personnel.

1136.5    Any schedule established pursuant to § 1136.4:

1. Shall become effective on the first day of the first biweekly pay period following the adoption thereof; and
2. Shall be incorporated in the District Personnel Manual (or any other procedural manual developed).

1136.6    Amendments to the schedule authorized in § 1136.4 may be made by the Director of Personnel as follows:

1. On his or her own initiative;
2. At the request of an agency;
3. At the request of a labor organization made through an agency in which it holds exclusive recognition for a unit of employees; or
4. At the request of an employee, when submitted through the employee’s agency.

1136.7    The Director of Personnel shall establish and publish in the District Personnel Manual (or any other procedural manual developed) the criteria to be included in any request for the establishment of a schedule of local environment pay rates.

1136.8    Any amendments made to categories in the schedule of local environment pay rates as provided in § 1136.6:

1. Shall become effective on the first day of the first biweekly pay period following the adoption thereof; and
2. Shall be incorporated in the District Personnel Manual (or any other procedural manual developed).

1136.9    The Director of Personnel shall publish a list in the District Personnel Manual (or any other procedural manual developed) of the positions for which local environment pay rates are authorized.

1136.10    An agency may request approval of local environment pay for a position in which exposure has not been credited in the classification of a position.

1136.11    Payment of the local environment pay to an employee in a position for which local environment pay has been newly authorized shall begin with the first day of the first biweekly pay period following the approval. 

1136.12    Local environment pay shall be paid either on the basis of full-time exposure or part-time exposure as determined by the Director of Personnel.

1136.13    Local environment pay shall be a stated percentage rate for categories of exposure and shall not exceed twenty-seven percent (27%) for any category.

1136.14    The local environment pay rate shall be determined by multiplying the local environment pay percentage rate authorized for the described exposure by the second step for grade RW-10 on the current Regular Nonsupervisory Wage Service Rate Schedule for Compensation Unit 2, counting one-half (½) cent and over as a full cent.

1136.15    The cents-an-hour rate determined in § 1136.14 shall be paid uniformly to each employee who qualifies for local environment pay regardless of the salary schedule, rate schedule, or grade level from which he or she is paid.

1136.16    The amount paid shall be determined by multiplying the local environment pay rate determined in accordance with § 1136.14 by the number of hours of exposure to the environmental situation.

1136.17    Each employee who is officially assigned to a position for which local environment pay is authorized, or who is temporarily assigned to perform work involved in that position, shall be paid the local environment pay when performing duties that expose him or her to an applicable environmental situation.

1136.18    An employee subjected at the same time to more than one (1) applicable environmental situation shall be paid for that exposure that results in the highest local environment pay rate but shall not be paid more than one (1) local environment pay rate for the same hours of work.

1136.19    An employee who is exposed to a situation for which local environment pay is authorized shall be entitled to the appropriate local environment pay regardless of whether he or she has a full-time, part-time, or intermittent tour of duty; is on regular assignment or detail; or is exposed during straight-time or overtime hours of work.

1136.20    Local environment pay that is paid on an actual exposure basis shall be paid for a minimum of one (1) hour’s local environment pay for that exposure and in increments of one-quarter (¼) of an hour for each fifteen (15) minutes and portion thereof in excess of fifteen (15) minutes.

1136.21    When an employee who is receiving local environment pay on the basis of exposure in his or her regular position is temporarily assigned to perform work involved in another job for which a higher or a lower local environment pay rate is authorized, the following shall apply: 

1. He or she shall be paid the higher or lower local environment pay rate as the case may be for those hours of duty, or fraction thereof, that he or she is exposed to the environmental situation specified for the other position; and
2. He or she shall be paid the local environment pay authorized for his or her position for those hours of duty, or fraction thereof, that he or she is exposed to the environmental situation specified for his or her regular position. 

1136.22    When an employee who is officially assigned to a position for which no local environment pay is authorized is temporarily assigned to perform work involved in a job for which local environment pay is authorized, he or she shall be entitled to the local environment pay only for those hours of duty, or fraction thereof, that he or she is actually exposed to the environmental situation specified for that position.

1136.23    Payment of the local environment pay to an employee shall cease as follows:

1. When authorization for the local environment pay is removed from his or her position;
2. When he or she leaves the position for which local environment pay was authorized; or
3. During temporary assignment to perform work involved in another position for which local environment pay has not been authorized.

1136.24    Local environment pay shall not be considered basic pay for any purpose except for computing overtime under the Fair Labor Standards Act.

---

1137     On-call Pay

---

1137.1    On-call pay shall not be paid unless specifically authorized by this section.

1137.2    An agency may designate positions for which on-call pay may be authorized, if both of the following conditions are met:

1. The work involved in the position is vital to:
   1. Continuity of public health and human services;
   2. Public safety and law enforcement;
   3. Emergency management services and emergency medical services; or
   4. Other crucial operations such as snow removal, debris removal, transportation, shelter operation, food distribution, and communication; and
2. The work of the position requires the incumbent, when otherwise off duty, to be available to report for work on short notice, within a maximum of one (1) hour or such lesser time as the agency deems warranted by the nature of the position.

1137.4    For an employee to be eligible to receive on-call pay, all of the following conditions must be met:

1. He or she must occupy a position for which on-call pay has been authorized pursuant to § 1137.2;
2. The agency must have placed the on-call time on the employee’s official work schedule on a holiday or outside the employee’s scheduled tour of duty;
3. The employee must be required to be in a state of readiness to perform work; and
4. When called in, the employee must be able to report for work within the time frame established by the agency pursuant to § 1137.2(b).

1137.5    While in an on-call status, an employee shall be entitled to pay at a rate equal to twenty-five percent (25%) of his or her rate of basic pay, payable on an hour-forhour basis, in increments of one-quarter (¼) of an hour for each fifteen (15) minutes and portion thereof in excess of fifteen (15) minutes.

1137.6    When an employee who is in an on-call status is called and performs work, the employee shall be credited with a minimum of thirty (30) minutes of work time. Such employees will be considered in a payable work status, inclusive of the minimum time needed for traveling to and from the directed worksite.

1137.7    On-call pay may not be provided nor may an employee be placed in an on-call status while on paid leave.

1137.8    On-call pay shall not be considered basic pay for any purpose except for computing overtime under the Fair Labor Standards Act.

---

1138     Overtime

---

1138.1    Except as provided in § 1138.2, entitlement to and computation of overtime shall be determined in accordance with and shall not exceed the overtime provisions of section 7 of the Fair Labor Standards Act of 1938 (FLSA), as amended (29 USC 207).

1138.2    At the discretion of the agency head or his or her designee, entitlement to overtime may be extended to any non-union Career Service employee at the CS-14 level or below, or equivalent, for hours of work authorized in excess of eight (8) hours in a pay status in a workday or in excess of forty (40) hours in a pay status in a workweek.

1138.3    When compensatory time is earned, it shall be credited in accordance with the provisions of Chapter 12 of these regulations.

---

1139     Exempt Time Off

---

1139.1    Exempt time off shall not be provided unless specifically authorized by this section.

1139.2    This section applies to employees subject to the District Service Salary System, the Wage Service Rate System, or the Recreation Service Rate System who are exempt from the Fair Labor Standards Act (FLSA).

1139.3    Due to exigencies of the public business, an agency head may require an employee to perform work in excess of eighty (80) hours in a biweekly pay period.

1139.4    An employee who is exempt from the FLSA and who performs work as directed pursuant to § 1139.3 may, at the discretion of the agency head, be granted exempt time off, which shall consist of additional time off earned on an hour-for-hour basis as compensation for such work actually performed that is in excess of eighty (80) hours in a biweekly pay period.

1139.5    An agency head may credit an employee with up to eighty (80) hours of exempt time off per leave year; provided, that with the approval of the personnel authority, an agency may credit an employee with an additional forty (40) hours of exempt time off within the leave year, when the hours justifying exempt time off under Subsection 1139.3 are granted because of emergencies or other unforeseen circumstances, such as:

1. Work resulting from severe weather events, including excessive snow and hurricanes;
2. Work resulting from publicly scheduled events in the District of Columbia requiring infrastructure support; and
3. Emergency situations so declared by the Mayor.

1139.6    Exempt time off shall be maintained in a separate account from other forms of leave, but shall be scheduled and granted in accordance with the provisions contained in Chapter 12 of these regulations for annual leave.

1139.7    Exempt time off shall be forfeited if not used by the end of the leave year following the leave year in which it was earned. 

1139.8    Exempt time off not used at the time of an employee’s separation from service shall not be included in any form of leave payment.

1139.9    The Chief of Police may grant exempt time off to uniformed members at the rank of Inspector and above, and the civilian equivalents in the Metropolitan Police Department not to exceed a total of eighty (80) hours in any consecutive twelve (12) month period in accordance with this section.

---

1141     Retained Rates

---

1141.1    This 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.

1141.2    A 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:

1. A reclassification process;
2. Reduction or elimination of a rate or salary schedule;
3. 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
4. The employee no longer meets a specific condition or requirement established by the agency or the Office of Personnel.

1141.3    When 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.

1141.4    An 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.

1141.5    An employee shall be eligible for a retained rate as provided in § 1141.2 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.

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

1. 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);
2. When a change to lower grade is based on cause as set forth in Chapter 16 of these regulations;
3. 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
4. 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)).

1141.7    An 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.

1141.8    When 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.

1141.9    An employee shall be entitled to the retained rate when he or she is promoted or temporarily promoted to another position when the maximum rate of the new position is less than the retained rate.

1141.10    When 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.

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

1. The employee has a break in service of one (1) workday or more;
2. The employee is entitled to a rate of basic pay that is equal to or higher than the retained rate; or
3. The employee is subsequently changed to a lower grade for cause or at the employee's request.

1141.12    When, because 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:

1. If the retained rate equals a rate in the new grade, the employee shall receive that rate; or
2. If the employee’s retained rate falls between two (2) rates of the new grade, the employee shall receive the higher rate.

1141.13    Employees receiving a retained rate shall not be entitled to any subsequent increases in salary or rate schedules established by the Council or Mayor’s authority during a pay retention period.

1141.14    An 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.

---

1142     Pre-employment Travel and Relocation Expenses

---

1142.1    In this section, the following term has the meaning ascribed:

Relocation expenses—transportation of an individual, his or her immediate family, household goods, and personal effects to the new employee’s first post of duty in the District government.

1142.2    The provisions of this section shall apply to employees in the Career, Legal, and Management Supervisory Services appointed under the authority of titles VIII, VIII-A, and IX-A, respectively, of the CMPA (D.C. Official Code §§ 1-608.01, 1-608.51 et seq., and 1-609.51 et seq., respectively (2001)).

1142.3    An agency may pay travel expenses incurred incidental to pre-employment interviews held for the purpose of ascertaining an applicant’s qualifications for a position only if the position has been determined by the personnel authority to be unique, that is, characterized by an unusual combination of duties, responsibilities, and qualification requirements, or to be in a shortage category.

1142.4    An agency or department may pay relocation expenses to the first post of duty for a new employee appointed to a position in the District government, only if the position has been determined by the personnel authority to be unique, that is, characterized by an unusual combination of duties, responsibilities, and qualification requirements, or to be in a shortage category.

1142.5    Payment of expenses under § 1142.4 may only be made after the individual selected for appointment signs a notarized agreement to remain in the District government service for twelve (12) months after his or her appointment unless separated for reasons beyond his or her control that are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the District government for expenses must be reimbursed as a debt due the District government and shall be recoverable from the individual by set-off against accrued pay or any other amount due the individual.

1142.6    Any unused advance for travel and related expenses and relocation expenses must be reimbursed as a debt due the District government.

---

1143     Recruitment and Retention Incentives—Additional Income Allowance and Hiring Bonus

---

1143.1    For the purposes of this section, the following terms have the meanings ascribed:

Additional income allowance—an authorized amount or rate of additional compensation paid to an employee who occupies a position determined by the personnel authority to have a significant recruitment and retention problem.

Hiring bonus—a one-time supplemental payment provided to an individual newly hired by an agency to a position determined by the personnel authority to have a significant recruitment and retention problem.

1143.2    This section applies to all employees except as provided in §§ 1143.4 and 1143.39.

1143.3    An additional income allowance, a hiring bonus, or both, under this section may be paid when all of the following conditions have been met:

1. The personnel authority, in accordance with the provisions of this section, determines that an agency is experiencing difficulty in recruiting or retaining qualified applicants or employees for a specific position or category of positions;
2. The employee occupies an indefinite, permanent or term position with a full-time or part-time tour of duty; and
3. A service agreement for a period of no less than one (1) year, but no more than two (2) years, is executed between an agency and an applicant or employee in accordance with the provisions of §§ 1143.19 and 1143.32.

1143.4    For the purpose of § 1143.3(b), employment on less than a half-time basis and intermittent employment shall be excluded from the provisions of this section.

1143.5    An agency may not enter into any service agreement until the agency’s request for authorization to pay an additional income allowance or hiring bonus is submitted to and approved by the personnel authority in accordance with this section.

1143.6    When an agency head feels that an additional income allowance, a hiring bonus, or both, may be warranted, he or she may request authorization from the personnel authority for such allowance or bonus, and the request shall include all of the following:

1. The position(s) or categories of positions for which there is a significant recruitment or retention problem;
2. A justification supporting the determination that a recruitment or retention problem exists for each position or category of positions; and
3. The amount of an allowance, a bonus, or both recommended for each position or category of positions.

1143.7    An agency head may also request his or her personnel authority to discontinue or revise an approved additional income allowance or hiring bonus.

1143.8    The personnel authority shall determine the categories of positions authorized to receive an additional income allowance or a hiring bonus based on any factors determined relevant, such as the location, grade, level of difficulty, and working conditions.

1143.9    The agency head may establish as separate categories any additional subdivisions of the categories of positions, authorized under § 1143.8, based on any factors the agency head determines relevant. These may include such factors as the location, grade or level, and specialization of the positions, and the level of qualifications sought by the agency for positions in the category.

1143.10    A significant recruitment and retention problem shall be deemed to exist for any position(s) or category of positions if the personnel authority determines that all of the following conditions are met with respect to those positions:

1. The agency is unable to recruit and retain sufficient numbers of qualified employees for the position(s) or category of position(s) as documented by such things as the number of vacant positions, the length of time positions have been vacant, and the number of employees who have resigned, including the number resigning for higher paying positions;
2. The qualification requirements being used as a basis for considering candidates for such vacant positions do not exceed the qualifications that are actually necessary for successful performance of the work of those positions;
3. The agency has made efforts to recruit qualified candidates for such positions, as documented by the number of vacancies the agency tried to fill compared to the number of hires and offers made, and to retain the employees presently employed in such positions by offering relevant nonpay solutions such as establishing training programs or improving working conditions; and
4. A sufficient number of qualified candidates is not available to fill the existing vacancies for such positions at a rate of pay the agency is able to offer in the absence of an additional income allowance or a hiring bonus.

1143.11    The provisions of § 1143.10 notwithstanding, a personnel authority may authorize an additional income allowance to retain an employee(s) whose services, based upon a written determination, are of a special need essential to an agency’s mission.

1143.12    The amount of an additional income allowance or a hiring bonus payable under this section shall be the minimum amount necessary to address the recruitment and retention problem identified by application of § 1143.10 or 1143.11.

1143.13    In determining the amount of an additional income allowance or a hiring bonus payable under § 1143.12, the personnel authority may compare positions within and outside the District government with respect to the relative earnings, responsibilities, expenses, workload, working conditions, conditions of employment, and personnel benefits.

1143.14    The amount of an additional income allowance or a hiring bonus authorized by § 1143.12 for each position or category of positions shall not exceed fifteen percent (15%) of the maximum rate payable for the grade held by the employee.

1143.15    The personnel authority shall advise the agency whether a request for an additional income allowance or a hiring bonus is approved, disapproved, or requires modification.

1143.16    When an additional income allowance is approved, the agency head shall have sole discretion as to whether to offer the allowance to any or all employees in any position(s) covered pursuant to that approval, and may initiate such an offer at any time to an employee or employees in those positions, except that payment of an additional income allowance to an employee may not begin during a period of employment covered under a service agreement required for payment of a hiring bonus.

1143.17    The agency head shall notify each employee being offered an additional income allowance of the offer and of his or her obligation to enter into a service agreement as a condition for accepting the allowance.

1143.18    An employee who is employed on a regularly scheduled part-time basis of halftime or more, and who is granted an additional income allowance under this section, shall be entitled to the additional income allowance, prorated according to the proportion of his or her work schedule to full-time employment.

1143.19    Each service agreement executed for an additional income allowance as required under § 1143.3(c) shall provide for all of the following:

1. The specified period of service in return for the allowance;
2. The amount of the allowance;
3. The terms under which the agreement may be terminated; and
4. The requirement to refund the allowance as provided in § 1143.21.

1143.20    An employee shall receive the additional income allowance authorized under this section until the earliest of any of the following:

1. His or her position is determined to no longer be one to which the provisions of § 1143.8 or 1143.11 apply;
2. He or she no longer occupies the position for which the allowance was authorized; or
3. The service agreement expires.

1143.21    If an employee separates from a position covered by an additional income allowance during the period when a service agreement is in effect, the employee shall be required to refund to the District government the amount of the additional income allowance he or she has actually received under the agreement, except as provided in § 1143.22, under any of the following conditions:

1. Removal or reduction in grade for cause;
2. Resignation, except:
   1. A resignation for inability to return to duty due to injury or illness; or
   2. A resignation following receipt of a notice of reduction in force announcing the effective date of the employee’s release;
3. Retirement, other than:
   1. Retirement for disability; or
   2. Retirement following receipt of a notice of reduction in force announcing the effective date of the employee’s release;
4. Change to a lower grade at the employee's request;
5. Separation for failure to comply with residency requirements; or
6. Separation during probationary period.

1143.22    The refund of an additional income allowance required pursuant to § 1143.21:

1. Shall not exceed the amount paid to the employee for a period of twentysix (26) weeks; and
2. May be waived in whole or part under the provisions of Chapter 29 of these regulations.

1143.23    An additional income allowance shall not be considered basic pay for any purpose.

1143.24    An additional income allowance shall be paid in the same manner and at the same time intervals as basic pay is paid.

1143.25    An additional income allowance shall be subject to federal, District of Columbia, and State income taxes.

1143.26    An additional income allowance shall be subject to court ordered garnishments depending upon the specific provisions of the court order.

1143.27    An agency head, at his or her convenience and upon providing a notice to the employee of at least fifteen (15) calendar days, may terminate an additional income allowance and the employee’s service agreement pertaining thereto.

1143.28    The agency head, at his or her sole discretion, and at his or her convenience, may offer an employee the opportunity to renew an additional income allowance for which a service agreement has expired or is about to expire, subject to the execution by the employee of a new service agreement pursuant to § 1143.3(c).

1143.29    A termination of an additional income allowance pursuant to § 1143.27 or failure by an agency head to offer an additional income allowance to an employee shall not be grievable or appealable.

1143.30    When a hiring bonus has been approved by the personnel authority, the agency head shall have sole discretion as to whether to offer the allowance to any or all individuals hired after the effective date of that approval to fill positions covered pursuant to the approval.

1143.31    An employee who is hired to fill a position on a regularly scheduled part-time basis of half-time or more, and who is granted a hiring bonus under this section, shall be entitled to the hiring bonus, prorated according to the proportion of his or her work schedule to full-time employment.

1143.32    Each service agreement executed for a hiring bonus as required under § 1143.3(c) shall provide for both of the following:

1. The amount of the bonus payment; and
2. The requirement to refund the bonus as provided in § 1143.33.

1143.33    If an employee separates from a position for which he or she received a hiring bonus during the period when a service agreement is in effect, he or she shall be required to refund the hiring bonus to the District government if the separation was due to any of the following:

1. Removal or reduction in grade for cause;
2. Resignation, except:
   1. A resignation for inability to return to duty due to injury or illness; or
   2. A resignation following receipt of a notice of reduction in force announcing the effective date of the employee’s release.
3. Retirement, other than:
   1. Retirement for disability; or
   2. Retirement following receipt of a notice of reduction in force announcing the effective date of the employee’s release.
4. Change to a lower grade at the employee’s request;
5. Separation for failure to comply with residency requirements; or
6. Separation during probationary period.

1143.34    The refund of a hiring bonus as required pursuant to § 1143.33 may be waived in whole or in part under the provisions of Chapter 29 of these regulations.

1143.35    A hiring bonus shall be in addition to basic pay and shall not constitute an increase to an employee's basic pay or rate of basic pay, nor shall it be construed to constitute any portion of an employee's rate of basic pay.

1143.36    A hiring bonus shall be paid on a date to be determined by the agency head.

1143.37    A hiring bonus shall be subject to federal, District of Columbia, and State income taxes.

1143.38    A hiring bonus shall be subject to court ordered garnishments depending upon the specific provisions of the court order.

1143.39    A former employee of the District government who separated within three (3) years of the current appointment date shall not be eligible to receive a hiring bonus under this section.

1143.40    Failure by an agency to offer a hiring bonus to an applicant or employee shall not be grievable or appealable.

1143.41    The personnel authority shall develop and publish appropriate procedures to implement the provisions of this section.

---

1144     Performance Allowance

---

1144.1    A personnel authority may authorize a performance allowance for exceptional service for an employee in the Career, Legal, or Management Supervisory Service.

1144.2    A performance allowance may be granted only once in any twelve-month (12- month) period and may not be granted if the employee has received a monetary award for performance pursuant to Chapter 19 of these regulations where that award was based on performance during any or all of the same period of time that would be covered by a performance allowance under this section.

1144.3    A performance award may be granted only when the employee’s performance rating assigned for the most recent rating period prior to the granting of an incentive is either “Substantially Exceeds Expectations” or better, “Exceeds Expectations” or better, or “Excellent” or better, as applicable.

1144.4    A performance allowance shall not exceed ten percent (10%) of the maximum rate of pay for the employee’s grade.

1144.5    Upon being granted, a performance allowance shall be paid in equal installments over a period of twenty-six (26) consecutive pay periods, except that such award shall not be payable following a separation prior to the end of the period covered by the allowance payment.

1144.6    A performance allowance awarded under this section shall not be considered basic pay for any purpose.

---

1145     Clothing and Uniform Allowances

---

1145.1    Heads of agencies are authorized to provide uniforms or allowances for uniforms to employees of the agency who are required by regulation or statute to wear a prescribed uniform in the performance of official duties.

1145.2    An allowance paid under this section shall not be a part of an employee’s rate of basic pay.

1145.3    This allowance may be discontinued at any time upon written notification from the head of an agency.

1145.4    The head of an agency shall prescribe procedures necessary to administer this section.

---

1146     Withholding Pay and Allotments, Garnishment, Levy and Tax Set-off

---

1146.1    In this section, the following terms have the meaning ascribed:

Allotment—a recurring, specified deduction from pay, for a legal purpose, authorized by an employee to be paid to an allottee.

Allottee—the authorized institution or person(s) to which an allotment is made payable.

Allotter—the employee from whose pay an allotment is made.

Attachment—deducting from the pay of an employee, pursuant to an order of a court or agency having authority to so order, a sum of money to be paid to the court, agency, or third party for the purpose of satisfying a levy or garnishment.

D.C. One Fund Campaign—an organization of voluntary health and welfare agencies authorized to solicit charitable contributions in the Metropolitan Washington Area in accordance with arrangements prescribed by Mayor’s Order.

Dues—a voluntary, regular, periodic amount deducted from an employee’s pay and submitted to a labor organization, as authorized in a collective bargaining agreement.

Levy—a notice served by the U.S. Internal Revenue Service on an agent of the District of Columbia designated to withhold all or part of the accrued salary or wages due an employee for purposes of satisfying a delinquent tax obligation.

Pay—the pay due an employee after all deductions authorized by law such as retirement or Social Security deductions or federal or District withholding tax, when applicable, have been made.

Service fee—a fee withheld pursuant to a collective bargaining agreement from the pay of a nonmember of a union, where the union holds exclusive recognition in the unit where the nonmember is employed.

Tax set-off—deducting from the pay of an employee a sum of money owed to the District government for delinquent taxes.

Withholding—a mandatory, specified deduction from pay mandated by law or regulation, such as District and federal income taxes, Civil Service Retirement and FICA contributions.

1146.2    An employee shall be permitted to make allotments as follows:

1. Dues to a labor organization in accordance with § 1146.6;
2. Charitable contributions to the D.C. One Fund Campaign in accordance with § 1146.10;
3. State income tax withholdings in accordance with § 1146.12;
4. Savings to financial institutions; and
5. Child support or alimony payments in accordance with § 1146.14.

1146.3    The Chief Financial Officer is authorized to develop procedures to carry out the provisions of this section.

1146.4    In addition to those allotments provided for in § 1146.2, the Chief Financial Officer may establish procedures under which each employee of an agency is permitted to make allotments of amounts of his or her pay for such purposes as the Chief Financial Officer considers appropriate.

1146.5    Allotments shall be subject to the following general limitations:

1. The allotter shall specifically designate the allottee and the amount of the allotment in writing in an allotment authorization;
2. The total amount of allotments shall not exceed the pay due the allotter for a particular period;
3. An employee shall request in writing a change in or the revocation of an allotment;
4. Allotters shall agree that the District government shall be held harmless for any authorized allotment disbursed in accordance with the employee’s request for an allotment from pay;
5. Allotters shall agree that disputes regarding any authorized allotments shall be a matter between the allotter and allottee;
6. No allotment shall be authorized to pay for any private indebtedness;
7. Except for those employees otherwise provided for in this section, only an employee who is serving under an appointment not limited to six (6) months or less may make an allotment; and
8. The District government shall discontinue paying an allotment when the allottee dies.

1146.6    In accordance with § 1707 of the CMPA (D.C. Official Code § 1-617.07 (2001)) and the provisions of the applicable collective bargaining agreement, an employee may authorize an allotment for dues to a labor organization that has been certified as the exclusive representative of employees in the collective bargaining unit in which the employee is employed.

1146.7    As provided in § 1707 of the CMPA (D.C. Official Code § 1-617.07 (2001)) and the provisions of the applicable collective bargaining agreement, service fees may be deducted from an employee’s salary by the employer if that provision is contained in the collective bargaining agreement.

1146.8    The District shall discontinue a dues allotment when the allotter ceases to be a member of the bargaining unit.

1146.9    An employee may make an allotment for charitable contributions to the D.C. One Fund Campaign.

1146.10    The authorization for the D.C. One Fund Campaign allotment shall be as follows:

1. For the term of one (1) year;
2. An equal amount per biweekly pay period, the minimum allotment to be determined by the pay authority;
3. The allotter may not change the amount deducted each biweekly pay period during the term of the allotment;
4. The allotter may voluntarily discontinue the allotment at any time, but a discontinued allotment shall not be reinstated; and
5. Allotments shall be discontinued automatically upon expiration of the oneyear (1-year) withholding period or upon termination of District service, whichever occurs first.

1146.11    When an employee has a legal obligation to pay, but the District government has no legal obligation to withhold State income taxes, the District government shall permit an employee to make an allotment for payment of taxes as provided in § 1146.12.

1146.12    An employee shall be permitted to make an allotment for payment of State taxes to the State of Maryland or the Commonwealth of Virginia.

1146.13    An employee shall be permitted to make up to two (2) allotments of pay to a financial organization of his or her choice for credit to his or her savings account.

1146.14    An employee shall be permitted to make an allotment for alimony, child support, or both, when he or she voluntarily elects to do so. This provision shall not apply to garnishment orders issued to enforce child support, alimony obligations, or both, as provided in 42 U.S.C. 659 and 15 U.S.C. 1673.

1146.15    The Mayor shall designate an agent to accept garnishment, levy, and tax set-offs.

---

1147     Dual Pay and Dual Employment

---

1147.1    In this section, the following terms have the meaning ascribed:

Annuity—the gross amount of the retirement pay, exclusive of deductions, for the period of employment as a reemployed annuitant.

Pay—remuneration paid an employee.

Position—the work, consisting of the official duties and responsibilities assigned by competent authority for performance by an employee.

Reemployed annuitant—a person who is appointed to and occupies a position in the District government, and who is receiving an annuity from a District government civilian retirement system, or who otherwise meets the legal requirements and has filed for an annuity under such a system, except as provided in § 1147.2.

1147.2    As provided in § 1103(b) of the CMPA (D.C. Official Code § 1-611.03(b) (2001)), the pay of an individual receiving an annuity under any District government civilian retirement system selected for employment in the District government on or after January 1, 1980, shall be reduced by the amount of annuity allocable to the period of employment as a reemployed annuitant. No reduction shall be made to the pay of a reemployed individual for any retirement benefits received by the reemployed individual pursuant to §§ 2603 through 2612 of the CMPA (D.C. Official Code §§ 1-626.03 through 1-626.12 (2001)); the Judges’ Retirement Fund, established by D.C. Official Code § 1-714 (2001); or § 3 of the Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994 (D.C. Official Code § 5-723(e) (2001)).

1147.3    An employee, except as provided in § 1147.4, shall not be entitled to receive basic pay from more than one (1) position in the District government for more than an aggregate of forty (40) hours of work in one (1) calendar week.

1147.4    The provisions of § 1147.3 shall not apply to the following:

1. Pay on a when-actually-employed basis received from more than one (1) consultant or expert position if the pay is not received for the same hours of the same day;
2. Pay consisting of fees paid on other than a time/rate basis;
3. Pay received by a teacher of the public schools of the District of Columbia for employment in a position during the summer vacation period;
4. Pay for intermittent employment as a teacher in the Department of Corrections;
5. Pay for temporary part-time or intermittent employment of a teacher, custodial, or other employee necessary to carry out the recreation programs of the Department of Parks and Recreation;
6. Pay for a ninety-day (90-day) period for full-time, part-time, or intermittent employment of a referee, umpire, swimming pool guard or attendant, gymnasium or playground supervisor, or other special employee necessary to carry out the recreation program in the Department of Parks and Recreation;
7. Pay for part-time or intermittent employment as a counselor or monitor in connection with summer youth opportunity programs in the District government;
8. Pay for part-time or intermittent employment as a teacher in the D.C. Public School system;
9. Pay for part-time or intermittent employment as an instructor, teacher, or professor at the University of the District of Columbia;
10. Pay for part-time or intermittent employment within the Department of Mental Health as a psychiatric resident or intern who is employed for training purposes under the student-stipend program; or
11. Pay for temporary or intermittent employment for services performed due to emergencies resulting from natural disasters or similar unforeseen events or circumstances.

1147.5    An individual shall not be entitled to receive basic pay from more than one (1) position, whether with the Federal Government, the District government, or both, covered by the Civil Service Retirement System (Subchapter III of Chapter 83 of Title 5 of the U.S. Code) for more than an aggregate of forty (40) hours of work in one (1) calendar week.

---

1148     Severance Pay

---

1148.1    In this section, the following terms have the meaning ascribed:

Basic pay—the rate of pay fixed by law or administrative action for the position held by an employee at the time of separation, excluding other additional pay.

Creditable service—all service in the employ of the District or Federal Government that is creditable for purposes of the employee’s retirement system.

Equivalent position—a position of like seniority, tenure, and pay other than a retained rate.

Severance pay—pay for a separated employee, computed on the basis of the employee’s basic pay, length of creditable service, and age, as follows:

1. To a Career Service employee or an attorney in the Excepted Service or Legal Service who is involuntarily separated in accordance with Chapter 24 of these regulations; or
2. To a Management Supervisory Service employee who is separated for non-disciplinary reasons under the provisions of Chapter 38 of these regulations.

Severance pay fund—the total severance pay to which an employee is entitled.

1148.2    Except as provided in § 1148.3, this section applies to all of the following fulltime or part-time employees with a scheduled tour of duty within each administrative workweek:

1. Each employee serving in a career appointment (permanent or probational) in the Career Service who is involuntarily separated under the provisions of Chapter 24 of these regulations;
2. Each employee serving in the Management Supervisory Service who is separated from service for non-disciplinary reasons under the provisions of Chapter 38 of these regulations; and
3. Each person appointed to the Excepted and Legal Service as an attorney, other than as an attorney in the Senior Executive Attorney Service, who is involuntarily separated under the provisions of Chapter 24 of these regulations.

1148.3    This section does not apply to any of the following:

1. An employee serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in service of three (3) calendar days following service under an appointment without time limitation, if the employee has served one (1) year;
2. An employee who, at the time of separation by reduction in force, is receiving disability compensation under title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq. (2001)), other than one receiving this compensation concurrently with pay or on account of the death of another individual;
3. An employee who, at the time of separation by reduction in force, is entitled to receive other severance pay from the District government;
4. A member of a board or commission who is compensated under the provisions of § 1108 of the CMPA (D.C. Official Code § 1-611.08 (2001)), or is compensated on an honorarium, stipend, fee, per diem, or any other paid basis; 
5. An employee in the Career Service or an attorney in the Excepted Service who is involuntarily separated from the service by removal for cause pursuant to Chapter 16 of these regulations, an employee in the Legal Service separated for disciplinary reasons in accordance with Chapter 36 of these regulations, or an employee in the Management Supervisory Service separated for disciplinary reasons pursuant to Chapter 38 of these regulations;
6. (An employee who, at the time of separation by reduction in force, is offered and declines to accept an equivalent position in any District agency, including an agency to which the employee with his or her function is transferred in a transfer of functions between agencies;
7. A Management Supervisory Service employee who at the time of separation from service is offered and declines a retreat under § 954(a) of the CMPA (D.C. Official Code § 1-609.54(a) (2001)); or
8. An employee who is offered an opportunity to transfer with his or her agency or part thereof when it is transferred to or merged with a District controlled corporation, when the statute effecting the transfer or merger includes provisions to assure that an employee who transfers will be regarded as continuing in the employ of the District for purposes of Health, Life Insurance, and Retirement benefits.

1148.4    An employee to whom this section applies who has been employed currently for a continuous period of at least twelve (12) months, shall be entitled to severance pay as provided by this section.

1148.5    Severance pay shall consist of all of the following:

1. A basic severance allowance computed on the basis of one (1) week’s basic pay at the rate received immediately before involuntary separation for each year of creditable service up to and including ten (10) years for which severance pay has not been received under any District authority and two (2) weeks’ basic pay at that rate for each year of creditable service beyond ten (10) years for which severance pay has not been received under any District authority;
2. Additional service credit for employees who qualify for veterans preference and District residency preference, in accordance with Chapter 24 of these regulations; and
3. An age adjustment allowance computed on the basis of ten percent (10%) of the total basic severance allowance, as determined by § 1148.5(a) and (b), for each year by which the age of the employee exceeds forty (40) years at the time of involuntary separation.

1148.6    In computing an employee’s total years of creditable service under § 1148.5(a) and (b), the agency shall do all of the following:

1. Credit him or her with each full year and with twenty-five percent (25%) of a year for each three (3) months of service in excess of one (1) or more full year;
2. Provide additional service credit of four (4) years for an employee who qualifies for veterans preference; and
3. Provide additional service credit of three (3) years for an employee who qualifies for District residency preference.

1148.7    In computing an employee’s years of age over forty (40) for the age adjustment allowance under § 1148.5(c), the agency shall credit him or her with twenty-five percent (25%) of a year for each three (3) months that his or her age exceeds forty (40).

1148.8    The total severance pay received under § 1148.5 shall not exceed twenty-six (26) weeks’ pay at the rate received immediately before separation, and total severance pay shall be limited to not more than twenty-six (26) calendar weeks during the total years of service in the District government, except that severance pay totaling twenty-six (26) weeks or less received prior to October 21, 1998 shall not be counted for this purpose.

1148.9    Upon an employee’s separation, the agency shall compute the severance pay fund, and shall pay him or her, at the same biweekly pay period intervals as if still employed, the same amount as his or her basic pay for the biweekly pay period immediately before separation until the severance pay fund is exhausted, except that the final payment shall consist only of that portion of the severance pay fund remaining.

1148.10    If an employee retains entitlement to severance pay, due to the exception specified in § 1148.3(a), severance pay shall be computed on the rate of basic pay received immediately before the termination of the appointment without time limitation.

1148.11    An employee shall be considered to be serving under an appointment with a definite time limitation under the following conditions:

1. The employee accepts an initial appointment without time limitation in an agency that is scheduled by law or Mayor’s Order to be abolished within five (5) years of the date of his or her appointment; and
2. The scheduled date of the agency’s abolishment has not been extended beyond five (5) years of the date of appointment at the time the employee is separated.

1148.12    The basic pay received immediately before separation for an employee who is in a nonpay status at the time of separation shall be that basic pay he or she would have received had he or she been in a pay status at the time of separation.

1148.13    The length-of-service requirement of § 1148.4 shall be deemed to be met if the employee on the date of separation has been on the rolls of one (1) or more District agencies under one (1) or more appointments without time limitation, or temporary appointments that precede or follow an appointment without time limitation, without any break in service of more than three (3) calendar days for at least the preceding twelve (12) calendar months.

1148.14    An employee who is separated by an agency as a result of an injury incurred while in the performance of duty, and who is entitled to a continuation of pay or compensation pursuant to title XXIII of the CMPA (D.C. Official Code § 1- 623.01 et seq. (2001)), shall be entitled, upon reemployment with the District government, to have the entire time, during which he or she was receiving compensation or continuation of pay, counted as continuous service for purposes of determining whether the employee has satisfied the twelve-months’ (12- months’) continuous service requirement.

1148.15    An employee who is separated because of resignation shall be deemed to have been involuntarily separated for purposes of entitlement to severance pay, if he or she has not declined an offer of an equivalent position as specified in § 1148.3(f), (g), or (h), as applicable, when he or she resigns after receiving a specific notice in writing by the agency that the employee is to be involuntarily separated.

1148.16    When, with or without a break in service of more than three (3) days, an employee who is entitled to severance pay accepts one (1) or more temporary appointments with any District government agency of one (1) year or less including any authorized temporary extensions thereof, the agency that separated the employee shall suspend the payment of the severance pay for the duration of the appointment and shall, at the termination of the appointment, continue the payment of the severance pay fund as prescribed by this section.

1148.17    An employee’s service under one (1) or more temporary appointments as set forth in § 1148.16 shall not be creditable for purposes of computing severance pay that it interrupts.

1148.18    If an employee is reemployed by the District government, in an appointment other than one under § 1148.16, before the end of the period covered by payments of severance pay, the payments shall be discontinued beginning with the date of reemployment and the service represented by the unexpired portion of the period shall be recredited to the employee for use in any later computations of severance pay.

1148.19    If the employee under § 1148.16 becomes entitled to severance pay upon subsequent separation, the agency shall compute his or her severance pay fund at the time of the subsequent separation as the basis of all creditable service and current age and shall deduct from the number of weeks due the number of weeks the employee previously received severance pay.

1148.20    If at the time of separation an employee is receiving a retained rate, that rate shall be his or her rate of basic pay to be used for purposes of computing severance pay.

1148.21    The period for which severance pay is paid shall not be regarded as a period of District service or employment.

1148.22    If the employee dies before the severance pay fund is exhausted, the remaining severance pay shall be paid in a lump sum to the survivor in accordance with § 1150.

---

1149     Back Pay

---

1149.1    In this section, the following terms have the meaning ascribed:

Appropriate authority—an entity having authority to correct or direct the correction of an unjustified or unwarranted personnel action, including but not limited to the following:

1. A court having jurisdiction;
2. The Office of the Corporation Counsel;
3. The head of the employing agency or an agency official to whom corrective action authority is delegated;
4. The pay authority;
5. The Office of Employee Appeals;
6. The Public Employee Relations Board;
7. The Office of Human Rights;
8. The Equal Employment Opportunity Commission; (i) An arbitrator in a binding arbitration case; and
9. Any other federal agency authorized to order remedial actions under any program providing federal financial assistance.

Benefits—monetary and employment benefits to which an employee is entitled by law or regulation, including but not limited to health and life insurance, and excluding pay as defined in this section.

Nondiscretionary provision—any provision of law, Mayor’s Order, regulation, personnel policy issued by the pay authority, or collective bargaining agreement that requires a personnel authority to take a prescribed action under stated conditions or criteria.

Pay—the rate of basic pay or basic compensation as defined under the applicable pay system; pay increases; within-grade increases; premium pay (including holiday, Sunday, night, administrative closing, and local environment pay); on-call pay; retained rates; and pay adjustments for District Service supervisors. For the purpose of this section, pay also means annual, sick, court, and military leave.

Unjustified or unwarranted personnel action—an act of commission (that is, an action taken under authority granted to an authorized official) or of omission (that is, non-exercise of proper authority by an authorized official) that is subsequently determined to have violated or improperly applied the requirements of a nondiscretionary provision, as defined herein, and thereby resulted in the withdrawal, reduction, or denial of all or any part of the pay or benefits, as used herein, otherwise due an employee. The words “personnel action” include personnel actions and pay actions, alone or in combination.

1149.2    An employee who, on the basis of a timely appeal of an administrative determination is found, by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have undergone an unjustified or unwarranted personnel action resulting in the withdrawal or reduction of all or part of an employee’s pay or benefits, shall be entitled, on correction of the personnel action, to back pay under this section.

1149.3    This section applies to the computation, payment, and restoration of pay and benefits for the purpose of making an employee financially whole, when the employee, on the basis of an administrative determination, a timely appeal, grievance, or claim against the District government, is found to have undergone an unjustified or unwarranted personnel action.

1149.4    An unjustified or unwarranted personnel action shall only be corrected if it is found by appropriate authority that the withdrawal, reduction, or denial of all or part of the pay or benefits due an employee was the clear and direct result of and would not have occurred but for the unjustified or unwarranted personnel action.

1149.5    The requirement for an administrative determination shall be met when an appropriate authority finds that an agency has taken a personnel action it was prohibited from taking, has taken a personnel action not authorized by law or regulation, or has not taken a personnel action it was required to take.

1149.6    The requirement for a timely appeal shall be met when an employee or personal representative initiates a claim for settlement of the employee’s claim against the District government in accordance with the procedures included in a collective bargaining agreement, or in other procedures established by an appropriate authority, and the claim is accepted as timely filed by the personnel authority administering the appeal or grievance system, or is found to be timely by the appropriate authority.

1149.7    A personnel action, to be unjustified or unwarranted, must be determined by an appropriate authority to be improper or erroneous on the basis of substantive defects, and no employee shall be entitled to back pay or reinstatement solely on the basis of procedural error by the agency.

1149.8    The requirement for correction of the personnel action shall be met when appropriate authority, consistent with law, Mayor’s Order, regulation, or collective bargaining agreement, after a review, makes or directs the correction of an unjustified or unwarranted personnel action.

1149.9    Subject to the provisions of §§ 1149.11 and 1149.12, the period for which recomputation is required under § 1149.10 shall be the period covered by the unjustified or unwarranted personnel action that is corrected.

1149.10    When an appropriate authority corrects or directs the correction of an unjustified or unwarranted personnel action, the agency shall determine the employee’s back pay entitlement by recomputing for the period covered by the corrective action the pay and benefits of the employee as if the unjustified or unwarranted personnel action had not occurred, but in no case shall the employee be granted more pay or benefits than he or she would have been entitled by law, Mayor’s Order, regulation, or agency policy.

1149.11    In computing the amount of back pay under this section, the agency shall not include any of the following:

1. Any period during which the employee was not ready and able to perform his or her job because of an incapacitating illness, except that the agency shall grant, upon the request of and documentation by the employee, any sick leave or annual leave to his or her credit to cover the period of incapacity by reason of illness;
2. Any period during which the employee was unavailable for the performance of his or her job; or
3. Any period after one (1) year from the date of the unjustified or unwarranted personnel action where it is determined that an employee has not actively sought employment.

1149.12    In computing the amount of back pay due an employee, the agency shall deduct both of the following:

1. Any amounts earned by the employee from other employment during the period covered by the personnel action being corrected; and
2. Any erroneous payment received from the District or Federal Government as a result of the unjustified or unwarranted personnel action, which, in the case of erroneous payments received from the federal Civil Service Retirement System, Police and Fire Retirement System, and any District retirement system, shall be returned to the appropriate system.

1149.13    The agency shall include as other employment under § 1149.12(a) only that employment engaged in by the employee to take the place of the employment from which the employee was separated.

1149.14    An employee entitled to back pay under this section shall have included in the back pay computation any pay or benefit that the employee would have received, except that overtime pay shall not be included in the back pay award.

1149.15    Back pay awarded under this section shall be subject to any withholdings, allotments (as defined in § 1146), and deductions as required by law or regulation.

1149.16    Any indebtedness remaining after liquidation of back pay may be subject to waiver by either of the following:

1. The Mayor, for the employee’s indebtedness to the District government, pursuant to Chapter 29 of these regulations; or
2. The U.S. Office of Personnel Management, for the employee’s indebtedness to the Civil Service Retirement System.

---

1150     Payment of Money Due—Settlement of Accounts (Deceased Employees)

---

1150.1    In this section, the following term has the meaning ascribed:

Money due – the pay and allowances due on account of the services of a deceased employee of the District of Columbia government, not including benefits payable under Title 5 of the U.S. Code.

1150.2    The personnel authority shall notify each employee of his or her right to designate a beneficiary or beneficiaries to receive money due, and of the disposition of money due if a beneficiary is not designated.

1150.3    An employee who designates a beneficiary or beneficiaries under § 1150.2 shall file the designation in writing with the Office of Pay and Retirement Services or with his or her servicing personnel office, which shall then forward the designation to the Office of Pay and Retirement Services.

1150.4    An employee may file, change, or revoke a designation at any time, which shall become effective on the date received in the Office of Pay and Retirement Services.

1150.5    In order to facilitate settlement of accounts of a deceased employee, money due an employee at the time of his or her death shall be paid to the person or persons surviving at the date of death, in the following order of precedence:

1. First, to the beneficiary or beneficiaries designated by the employee in writing;
2. Second, if there is no designated beneficiary, to the widow or widower of the employee;
3. Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation; 
4. Fourth, if none of the above, equally to the parents of the employee or the survivor of them;
5. Fifth, if none of the above, to the duly appointed legal representative of the employee’s estate; and
6. Sixth, if none of the above, to the person or persons entitled under the laws of the employee’s domicile at the time of the employee’s death.

1150.6    A legal separation agreement shall not divest the widow or widower of a deceased employee of his or her right to unpaid compensation in the absence of the designation of another beneficiary.

1150.7    No payment of money due shall be made to an heir or beneficiary of a deceased employee if that heir or beneficiary is found guilty of feloniously killing the employee upon whose death the payments become due.

1150.8    Payment under § 1150.5 shall bar recovery by another party or parties of the amounts so paid.

---

1151     Waiver of Compensation

---

1151.1    Any officer or employee of the District government entitled to compensation may decline to accept all or any part of his or her compensation through a waiver signed, notarized, and filed with the Director of Personnel.

1151.2    The amount waived shall not be subject to deduction and withholding for retirement and life insurance, and shall not be considered as salary for the purpose of computing annuities and insurance coverage.

1151.3    The waiver may be revoked in writing at any time; however, the individual may not receive retroactive payment of compensation for the period the waiver was in effect.

---

1152     Pay Claims

---

1152.1    A claim for the payment of compensation under this chapter must be filed in writing with the pay authority within three (3) years from the date it first accrued or the claim shall be forever barred.

1152.2    The date of accrual of a claim under § 1152.1 shall be the first day the services were performed or the date other compensation under this chapter was due.

1152.3    Upon receipt of a claim, the pay authority shall investigate the claim, and shall respond in writing to the claimant within ninety (90) days of receipt of the claim.

1152.4    The pay authority shall either grant or deny the pay claim in writing. The failure of the pay authority to issue a written decision within the time specified in Subsection 1152.3 shall toll the three (3) year limitation established in Subsection 1152.1.

1152.5    A written decision by the pay authority either granting or denying a pay claim shall constitute the final decision on the claim and shall not be grievable or subject to further administrative review.

---

1153     Employment and Salary Reduction of Reemployed Annuitants

---

1153.1    For the purposes of this section, the following terms shall have the meaning ascribed:

Annuitant― An individual who is receiving or who has made application for an annuity under any District or Federal Government retirement system.

Annuity offset―A reduction in the basic pay of a reemployed annuitant, prior to any deductions, which is equal to the amount of the annuity allocable to the period of reemployment.

Covered position―A position that entitles the incumbent to coverage under the Civil Service Retirement System (CSRS).

District government retirement system―Any of the following retirement systems: Teachers' Retirement System, Police and Fire Retirement System, and Teachers' Insurance and Annuity Association programs.

Reemployed annuitant―A former employee who is receiving or who has made application for an annuity under any District government retirement system or an individual who was first hired by the District government prior to October 1, 1987 in a covered position and who retires and is subsequently rehired.

1153.2    Each personnel authority is required to offset the salary of certain reemployed annuitants, as provided in this section.

1153.3    Except as provided in § 1153.6, annuity offset shall be applicable to any employee who meets either of the following criteria:

1. An individual who is receiving or who has made application for an annuity under any District government retirement system and who is selected for employment in the District government on or after January 1, 1980; or
2. An individual who is hired by the District government for the first time prior to October 1, 1987, in a position covered by the Civil Service Retirement System (CSRS) and who retires under that system and is subsequently rehired.

1153.4    Each appointee shall notify the servicing personnel office in writing, on or before the date of appointment, if he or she has applied for or is receiving an annuity from any District government retirement system or from the CSRS.

1153.5    Upon a determination that an appointee is subject to annuity offset, the personnel authority shall notify the appointee in writing that, pursuant to D.C. Law 2-139, as amended by D.C. Law 10-172, if he or she accepts the appointment, the basic pay for the position will be reduced in an amount equal to the annuity allocable to the period of reemployment.

1153.6    An annuitant who is reemployed by the District government under either the Retired Police Officer Redeployment Amendment Act of 1992 or the Retired Police Officer Public Schools Security Personnel Department Amendment Act of 1994 shall not be subject to annuity offset.

1153.7    Any individual who was first hired by the District government on or after January 1, 1980, who was receiving an annuity under any retirement system of the uniformed services of the United States and whose salary plus annuity exceeded step 1 of a DS-15, shall cease to be subject to any reduction in salary because of the annuity, effective with the pay period which began on October 2, 1994.

1153.8    Any employee who is an annuitant under the CSRS, who was first hired by the District government after September 30, 1987, shall not be subject to annuity offset for any period of employment, effective with the pay period which began on October 2, 1994.

---

1155     Military Active Duty Pay Differential

---

1155.1

1. Any full-time permanent, indefinite, or term employee who serves in a reserve component of the United States armed forces and who has been or will be called to active duty in preparation for, or as a result of Operation New Dawn, Operation Odyssey Dawn, or any contingency operation as defined in 10 U.S.C. § 101(a)(13), shall be entitled to apply for and receive, as applicable, a pay differential to compensate the employee for any difference between the employee’s District government basic pay and basic military pay.
2. For the purposes of this section, the phrase “any full-time permanent employee, indefinite, or term employee” in section 1151.1 (a) of this section shall include at-will employees.

1155.2    An employee as described in section 1155.1 of this section shall not be required to be released from active duty before making application for and receiving the pay differential. However, if the employee has not been released from active duty when he or she makes application for the pay differential, the employee shall provide all documentation required in section 1155.9 of this section, except that in lieu of providing a copy of the military orders releasing the employee from active duty, the employee shall provide a letter from his or her commanding officer attesting to the fact that the employee, as of the date of application for the pay differential, is still in an active duty status.

1155.3    A pay differential received pursuant to this section shall not be considered basic pay for any purpose.

1155.4    Any eligible employee, upon making application for the pay differential and upon approval of the application by his or her department or agency head, shall receive a pay differential that equals the difference between the employee’s District government basic pay reduced by the employee’s basic military pay.

1155.5    The estate of any eligible employee who has been killed while in active duty or who is missing in action as a result of active duty shall be eligible to collect any pay differential to which the employee would have been entitled upon making application on behalf of the employee and upon approval of the application by the employee’s department or agency head.

1155.6    The period of entitlement to the pay differential shall not exceed:

1. The period following the formal inception of Operation Enduring Freedom through the date the employee is released from active duty occasioned by Operation Enduring Freedom; or
2. The period following the formal inception of the preparations for a potential conflict with Iraq and the period following the formal inception of Operation Iraqi Freedom through the date the employee is released from active duty occasioned by, the preparation for, or, Operation Iraqi Freedom.

1155.7    The pay differential shall not be payable for any period following the employee’s release from active duty and the employee’s return to his or her District government position.

1155.8    The pay differential shall not be payable for any days for which the employee received pay by reason of any annual leave, military leave, compensatory time, or any other form of paid leave taken by the employee.

1155.9    In making application for the pay differential, the employee shall:

1. Provide a copy of the military orders activating the employee for full-time active military service for the Operation Enduring Freedom conflict, or, in preparation for, or, as a result of, the Operation Iraqi Freedom conflict;
2. Provide a copy of the military orders releasing the employee from fulltime active military service for the Operation Enduring Freedom conflict, or, for the preparation for, or, the Operation Iraqi Freedom conflict; and
3. Provide all military pay documentation required to calculate the differential amount.

1155.10    A pay differential under this section shall be paid by the agency that last employed the eligible employee before the employee was ordered to active duty as specified in section 1155.1 of this section, out of the agency’s funds or appropriations then currently available for salaries and expenses.

1155.99    Definitions

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.

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.

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.

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.

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

---

1156     Quality Salary Increase

---

1156.1    The personnel authority may authorize a quality salary increase for exceptional service for an employee in the Career, Educational, or Legal Service who is entitled to a regular within-grade increase, but has not reached the maximum step of his or her grade.

1156.2    A quality salary increase may be authorized only once in any twelve (12) month period and may not be granted if the employee has received a monetary incentive award for performance within the same twelve (12) month period, pursuant to Chapter 19.

1156.3    A quality salary increase awarded under this section may be granted only when the employee's performance rating assigned for the most recent rating period prior to the granting of the quality salary increase is “Highly Effective Performer” or “Role Model,” or their equivalent. The quality salary increase shall be awarded as follows:

Performance Evaluation level	Number of Steps
Highly Effective Performer	1
Role Model or equivalent	2

1156.4    A quality salary increase shall be subject to the availability of funds.

1156.5    A quality salary increase awarded under this section shall not affect the waiting period requirement contained in Sections 1127 or 1129 for within-grade increases.

---

1170     District of Columbia Pre-tax Benefits Program

---

1170.1    The District of Columbia tax-favored and pre-tax benefits program, hereinafter the D.C. Pre-Tax Plan, is hereby established pursuant to the provisions of the District of Columbia Government Comprehensive Personnel Act of 1978, effective March 3, 1979, as added by the District of Columbia Government Comprehensive Merit Personnel Act of 1978 Employee Benefits Amendment Act of 1992 (the “CMPA”), effective March 16, 1993 (D.C. Law 9-198; D.C. Code § 1-612.19 (1999 Repl.)).

1170.2    The D.C. Pre-Tax Plan shall comply with the requirements of the Internal Revenue Code of 2000 and any future amendments, and its regulations and interpretations.

1170.3    The D.C. Pre-Tax Plan shall include the following:

1. Dependent Care Flexible Spending Accounts;
2. Medical Expense Flexible Spending Accounts; and
3. Pre-Tax Health Insurance Premium Conversion.

1170.4    The Dependent Care Flexible Spending Account shall provide a pre-tax benefit to participants that will allow recovery of certain dependent care costs as permitted under the Internal Revenue Code.

1170.5    The Medical Expense Flexible Spending Account shall be designed to be a selfinsured medical reimbursement account under § 105 of the Internal Revenue Code and shall provide a pre-tax benefit to participants that will enable them to recover certain unreimbursed health care costs.

1170.6    The Pre-Tax Health Insurance Premium Conversion shall provide a pre-tax benefit to participants that will enable them to pay their health insurance coverage premium on a pre-tax basis to the extent permitted under the Internal Revenue Code.

---

1171     Administration

---

1171.1    The Director of the Office of Personnel (Director) shall be the Plan Administrator for the D.C. Pre-Tax Plan. The Director may, at his or her discretion, designate a third party administrator for the plan.

1171.2    The Plan Administrator shall notify all participants in the event of an amendment or termination of the D.C. Pre-Tax Plan. All decisions of the Plan Administrator in the administration of this plan shall be final and binding on all parties.

1171.3    The Plan Administrator shall develop documents to implement the D.C. Pre-Tax Plan which include all of the following terms, conditions, and provisions:

1. Purpose of the D.C. Pre-Tax Plan;
2. Definitions;
3. Eligibility;
4. Election process and benefits;
5. Plan administration;
6. Amendments to, or termination of the plan; and
7. Miscellaneous provisions.

1171.4    The Plan Administrator shall develop an enrollment form containing time limits, as applicable.

1171.5    The Plan documents shall be provided to participants prior to any election period.

1171.6    Any communication, statement, or notice shall be mailed to each participant at his or her home address on file with the Plan Administrator at the time of the mailing. This shall be deemed sufficient for all purposes of this chapter.

1171.7    The Plan Administrator shall rely on representations made by the participant with respect to age, marital status and other personal facts, and shall require proof to support any change in the representation made by the participant.

1171.8    The Plan Administrator shall determine the frequency of reimbursements for each plan option and the minimum employee elections that may be withheld from an employee's pay, and shall make this information available to participants prior to any open enrollment period.

1171.9    The Plan Administrator shall maintain a Flexible Spending Account or Accounts for each participant and shall record the amounts credited to each such account and the amount and type of expense charged against each account.

1171.10    A Flexible Spending Account is a plan that permits employees to reduce their salary to purchase certain employee benefits not reimbursed by the employer's benefit programs. The Plan Administrator shall keep accurate records of amounts credited to each participant's Flexible Spending Account(s).

1171.11    A participant's Flexible Spending Account(s) maintained for any plan year shall be used only to reimburse expenses incurred during that portion of the plan year in which the participant was in the D.C. Pre-Tax Plan.

---

1172     Coverage

---

1172.1    An eligible employee may elect to participate in the Dependent Care Flexible Spending Account and the Medical Expense Flexible Spending Account by completing and signing an enrollment form for that benefit as prescribed by the Plan Administrator.

1172.2    An employee shall be automatically enrolled to participate in the Pre-Tax Health Insurance Premium Conversion. The employee may elect to opt out or cancel the Pre-Tax Health Insurance Premium Conversion by completing and signing a waiver form within the time limits prescribed by the Plan Administrator.

1172.3    Any payment of, or the right to, benefits shall be non-assignable and nontransferable.

1172.4    The following persons shall not be eligible for coverage under the D.C. Pre-Tax Plan:

1. An employee serving under an appointment of one (1) year or less, unless such an appointment follows an appointment of one (1) year or more with a break in service of three (3) days or less.
2. An employee serving under a temporary appointment, or who is employed for brief periods at intervals;
3. An employee who is expected to work less than six (6) months in each year, except for an employee of a D.C. Office of Personnel approved career-related work-study program of at least one (1) year's duration and who is expected to be in a pay status for at least one-third (1/3) of the total period of time from the date of initial appointment to the completion of the work-study program;
4. An intermittent employee;
5. A patient or resident in a hospital, group/halfway home, or correctional or mental institution of the District government who is employed in that facility but who is paid according to a District pay schedule;
6. An employee of an Advisory Neighborhood Commission;
7. An individual paid on a contract or fee basis;
8. An annuitant or retiree; and
9. An individual receiving disability compensation.

1172.5    An eligible employee who is a participant in the D.C. Pre-Tax Plan shall remain in the plan until one (1) of the following occurs:

1. The participant ceases to be a District employee;
2. The participant elects to revoke an election for coverage during the initial election period or subsequent election periods;
3. The participant elects to revoke an election for coverage due to change in family status (e.g., marriage, divorce, change of employment, etc.), within thirty (30) days following such change in family status.

1172.6    For the first plan year, the initial election period for the Dependent Care and Medical Expense Flexible Spending Accounts shall be the period from December 1, 2000 through December 15, 2000.

1172.7    The Plan Administrator shall make the final determination of the applicability of this chapter to specific persons or groups of persons.

 

---

1173     Contributions

---

1173.1    Employee contributions to the D.C. Pre-Tax Plan shall be made in accordance with the requirements of the Internal Revenue Code. Such pre-tax contributions shall not reduce the employee's rate of basic pay upon which retirement, pension, or other benefits by law are computed.

1173.2    Pursuant to the CMPA, and to the extent permitted by the Internal Revenue Code, any amount of contributions made on a pre-tax basis shall not affect an employee's contributions to life insurance, retirement, or any other benefits computed on an employee's rate of basic pay. Any amount of contributions made on a pre-tax basis shall not be included to compute federal or District of Columbia income tax withholdings, including Federal Insurance Contributions Act (FICA), to the extent permitted, on behalf of any participant.

1173.3    The salary otherwise payable each pay period to an employee who participates in the D.C. Pre-Tax Program shall be reduced so that contributions may be made to pay for insurance premiums or to the employee’s Flexible Spending Account(s).

1173.4    An employee may request an exception to the time limits for enrolling when the employee was unable, for causes beyond his or her control, to elect to participate within the time limits prescribed. The Plan Administrator shall determine whether a request for an exception to the time limits shall be granted.

---

1174     Dependent Care Flexible Spending Account

---

1174.1    A dependent care plan within the meaning of ' 129 of the Internal Revenue Code provides a pre-tax benefit to participants that enables them to recover certain dependent care costs. A participant in a Dependent Care Flexible Spending Account may elect to reduce his or her salary by an annual amount of up to $5,000 for a single taxpayer or a married taxpayer filing jointly, or $2,500 for a married taxpayer filing separately (or such other amount as permitted by the Internal Revenue Code). These pre-tax salary reductions shall be reduced in equal installments based on the number of pay periods in the plan year.

1174.2    The maximum amount elected by the participant shall be prorated for a plan year of less than twelve (12) months for an employee who participates in a Dependent Care Flexible Spending Account for less than a full twelve (12) months.

1174.3    A person who elects to participate in a Dependent Care Flexible Spending Account shall be entitled to reimbursement for dependent care expenses incurred during a plan year which are considered eligible employment related expenses under the child and dependent provisions of the Internal Revenue Code.

---

1175     Medical Expense Flexible Spending Account

---

1175.1    A self-insured medical reimbursement plan within the meaning of ' 105 of the Internal Revenue Code provides a pre-tax benefit to participants that will enable them to recover certain unreimbursed health care costs. A participant in the Medical Expense Flexible Spending Account may elect to reduce his or her salary by a maximum annual amount of up to $2,500, to be reduced in equal installments based on the number of pay periods in the plan year. This maximum amount will be prorated for a participant who enrolls in the Medical Expense Flexible Spending Account for less than a full twelve (12) months.

1175.2    A participant in a Medical Expense Flexible Spending Account shall be entitled to reimbursements for eligible expenses incurred during the plan year for the health care of the participant, and the participant's spouse and dependents.

1175.3    Claims for reimbursement for eligible medical expenses shall be made on the appropriate form or forms furnished by the Plan Administrator for purposes of Medical Expense Flexible Spending Account and shall be submitted to the Plan Administrator.

1175.4    Medical expenses reimbursed under the D.C. Employees’ Health Benefits Program (DCEHB) and the Federal Employees’ Health Benefits Program (FEHB) which cover the participant and eligible family members shall not be reimbursable under a MEFSA.

---

1176     Group Legal Services Program (Internal Revenue Code of 2000, § 120) (Reserved)

---

---

1177     Educational Assistance Programs (Internal Revenue Code of 2000, § 127) (Reserved)

---

---

1178     Qualified Transportation Fringe Benefit (Internal Revenue Code of 2000, § 132(f)) (Reserved)

---

---

1199     Definitions

---

1199.99    In this chapter, the following terms have the meaning ascribed:

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.

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.

Competitive appointment―an appointment or reassignment to a position within the District government made through open competition to the general public.

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.

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.

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.

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 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.”

---

-     Addendum

---

The following D.C. Register citations identify when a given section(s) of Chapter 11B, Compensation, of Title 6 of the District of Columbia Municipal Regulations, was amended. Following the publication in the D.C. Register of subsequent final rulemaking notices, this Addendum will be updated accordingly. For the convenience of DPM subscribers, the Addendum identifies amendments on a section-by-section basis; identifies the page(s) in a DPM Transmittal impacted by the amendment(s); and provides brief comments on the amendment(s) accomplished.

D.C. Register Date	Section(s)	Transmittal No.	Comments
28 DCR 2318 (5/22/81)	-	-	-
29 DCR 1225 (3/19/82)	-	-	-
37 DCR 6361 (10/5/90)	1152.1 through 1152.29	DPM Trans. No. 18	The rules added a new section 1152, “Additional Income AllowanceMedical and Dental Officers,” to the chapter.
39 DCR 2072 (3/27/92)	1155.1 through 1155.10	DPM Trans. No. 28	The rules added a new section 1155, “Operation Desert Shield and Desert Story Pay Differential” to the chapter.
47 DCR 2421 (4/7/00)	1110, 1114, 1115, and 1153	DPM Trans. No. 54	The rules implemented provisions modifying the annuity offset for reemployed annuitants and classification appeals; as well as provisions removing the Office of the Employee Appeals from the appeals process and exempting individuals retired under the Judges’ Retirement System from the annuity offset provisions.
48 DCR 4179 (5/11/01)	1154.1 through 1154.32	DPM Trans. No. 74	The rules added a new section 1154, “Recruitment and Retention Incentives – Child and Family Services Agency” to the chapter
48 DCR 5004 (6/1/01)	1170 through 1178, and 1199	DPM Trans. No. 75	The rules added new sections 1170 through 1178 and 1199, on the District of Columbia Pre-Tax Benefits Program.
52 DCR 934 (2/4/05)	Entire chapter	DPM Trans. No. 125	The rules implemented the new compensation system for the Career, Legal, Excepted, and Management Supervisory Services.
55 DCR 6461 (6/13/08)	1124 through 1128, 1130, 1131 1139, 1140, and 1199	DPM Trans. No. 168	The rules amended section 1126 of the chapter to add language to the rules concerning the adoption of open range salary schedules for certain positions; section 1139.5 to revise the exempt time off rules; and sections 1124, 1125, 1128, 1130, 1131, and 1199 of the chapter.
56 DCR 001271 (2/6/09)	Section 1155	DPM Trans. 180	The rules amended the chapter to add a new section 1155, Operation Enduring Freedom and Operation Iraqi Freedom Pay Differential, to the chapter. Section 1155 sets forth the provisions for the payment of a pay differential to full-time permanent, indefinite, or term District government employees called to active duty from reserve units of the United States Armed Forces as a result of Operation Enduring Freedom, or in preparation for or as a result of Operation Iraqi Freedom.
63 DCR 016086 (12/30/16)	1126, 1152, and 1156		The rules amend Section 1126 to reflect the independent personnel authority of the Attorney General; amend Subsections 1152.4 and 1152.5 to provide that the denial of a pay claim is a final decision not subject to further grievance or other administrative review; and add Section 1156 to implement quality step increases.
64 DCR 008589 (9/1/17)	1126, 1129, 1130, 1139, 1155, 1199	DPM Trans. 232	The rules amend sections 1126 and 1130 to require that District agencies offer new hires and District employees appointed to new positions through a competitive process salaries based on qualifications, without regard to the candidate’s salary history, in accordance with the rules. In addition, the rules: (1) change the Wage Grade Rate System from a 6-step system to a 10-step system; (2) add provisions to authorize agencies to grant exempt time-off to FLSA-exempt employees at any grade level (Chief of Police to grant ETO to certain members of the MPD); (3) provide employees with military pay differential if they were or will be called to active duty for any contingency operations as defined in 10 U.S.C. § 101(a)(13); (4) provide that employees who are on military leave for training receive 15 days of military leave each fiscal year consistent with D.C. Official Code § 1- 612.03(m); and (5) add a definition of the term “competitive appointment” to the chapter.
65 DCR 009208 (9/7/18)	1141 and 1199	DPM Trans. 233	The rules amended section 1141 to eliminate the two (2) year limit on retained rates. The definition of “retained rates” is revised to eliminate the phrase “no more than two (2) years."
69 DCR 010387 (8/12/2022)	1109, 1110, 1126, 1137		§ 1110.6 authorizes employees to directly appeal position classification decisions to the Superior Court of the District of Columbia. Under the original Section 603(a) of the CMPA, any employee could “appeal a final agency decision … deciding the classification of a position” to the Office of Employee Appeals (OEA). Additionally, under the original Section 603(d), an employee could appeal a decision “of the Office to the Superior Court of the District of Columbia[.]” On June 10, 1998, the Council revised the CMPA through the Omnibus Personnel Reform Amendment Act of 1998 (D.C. Law 12-124), which removed classification appeals from OEA’s jurisdiction. Therefore, the CMPA no longer authorizes employees to appeal classification decisions to the Superior Court. As classification decisions are informed by employees, supervisors, and classification specialists, guided by published classification standards, the regulatory review process sufficiently ensures proper position classification. Therefore, this rulemaking amends § 1110 that clarify appeal time limits and make the Director’s classification decisions final without specific authorization for judicial review, in addition to making other clarifying amendments. § 1126.8 provides that pay setting for movements to white collar Career Service positions shall be made pursuant to § 1126.7. This rulemaking includes amendments to the existing language without changing the substance. § 1137.6 entitles employees to two hours of paid time whenever “called in to perform work” from an on-call status. This rule dates from a time when conducting remote work was impractical. However, since employees can perform much of the work remotely today, this final rulemaking changes two hours to 30 minutes. As adopted, employees who perform work for between one and 30 minutes will receive 30 minutes of pay. Anything above the 30-minute threshold would be paid for time spent working. The rulemaking also clarifies that employees who are called in to perform work will be considered in a payable work status, inclusive of travel time to and from any government worksites, to continue compensating employees who are called in for non-remote work.

Chapter 11 on the DC Register

---