95-29700. Prevailing Rate Systems; Technical Corrections and Clarifications  

  • [Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
    [Rules and Regulations]
    [Pages 62701-62702]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-29700]
    
    
    
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    Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / 
    Rules and Regulations
    
    [[Page 62701]]
    
    
    OFFICE OF PERSONNEL MANAGEMENT
    
    5 CFR Part 532
    
    RIN 3206-AG83
    
    
    Prevailing Rate Systems; Technical Corrections and Clarifications
    
    AGENCY: Office of Personnel Management.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Office of Personnel Management is issuing a final rule to 
    correct and clarify certain matters relating primarily to pay 
    administration under the Federal Wage System. This rule corrects errors 
    and eliminates ambiguities in the administration of the system.
    
    EFFECTIVE DATE: January 8, 1996..
    
    FOR FURTHER INFORMATION CONTACT:
    Paul Shields, (202) 606-2848.
    
    SUPPLEMENTARY INFORMATION: On July 14, 1995, OPM published a proposed 
    rule to correct and clarify matters relating primarily to pay 
    administration under the Federal Wage System. The purpose is to correct 
    errors and eliminate ambiguities in the administration of the system. 
    The proposed rule provided a 30-day period for public comment. OPM 
    received no comments during the comment period. Therefore, the proposed 
    rule is being adopted as a final rule.
    
    Regulatory Flexibility Act
    
        I certify that these regulations will not have a significant 
    economic impact on a substantial number of small entities because they 
    will affect only Federal agencies and employees.
    
    List of Subjects in 5 CFR Part 532
    
        Administrative practice and procedure, Freedom of information, 
    Government employees, Reporting and recordkeeping requirements, Wages.
    
    Office of Personnel Management.
    Lorraine A. Green,
    Deputy Director.
    
        Accordingly, OPM is amending 5 CFR part 532 as follows:
    
    PART 532--PREVAILING RATE SYSTEMS
    
        1. The authority citation for part 532 continues to read as 
    follows:
    
        Authority:  5 U.S.C. 5343, 5346; Sec. 532.707 also issued under 
    5 U.S.C. 552.
    
    Subpart B--Prevailing Rate Determinations
    
        2. Section 532.241 is amended by revising paragraph (a)(1) to read 
    as follows:
    
    
    Sec. 532.241  Analysis of usable wage survey data.
    
        (a)(1) The lead agency shall compute a weighted average rate for 
    each appropriated fund survey job having at least 10 unweighed matches 
    and for each nonappropriated fund job having at least 5 unweighed 
    matches. The weighted average rates shall be computed using the survey 
    job data collected in accordance with Secs. 532.235 and 532.247 and the 
    establishment weight.
    * * * * *
        3. In Sec. 532.267, paragraph (c)(1) is revised to read as follows:
    
    
    Sec. 532.267  Special wage schedules for aircraft, electronic, and 
    optical instrument overhaul and repair positions in Puerto Rico.
    
    * * * * *
        (c) * * *
        (1) Surveys shall, at a minimum, include the air transportation and 
    electronics industries in SIC's 3571, 3572, 3575, 3577, 3663, 3669, 
    3672, 3674, 3679, 3695, 3812, 4512, 4513, 4522, 4581, 5044, and 5045.
    * * * * *
    
    Subpart D--Pay Administration
    
        4. In Sec. 532.401, the definition of Change to a lower grade is 
    removed, a new definition for Change to lower grade is added, and the 
    definition of Promotion is revised to read as follows:
    
    
    Sec. 532.401  Definitions.
    
    * * * * *
        Change to lower grade means a change in the position of an employee 
    who, while continuously employed--
        (1) Moves from a position in one grade of a prevailing rate 
    schedule established under this part to a position in a lower grade of 
    the same type prevailing rate schedule, whether in the same or 
    different wage area;
        (2) Moves from a position under a prevailing rate schedule 
    established under this part to a position under a different prevailing 
    rate schedule (e.g., WL to WG) with a lower representative rate; or
        (3) Moves from a position not under a prevailing rate schedule to a 
    position with a lower representative rate under a prevailing rate 
    schedule.
    * * * * *
        Promotion means a change in the position of an employee who, while 
    continuously employed--
        (1) Moves from a position in one grade of a prevailing rate 
    schedule established under this part to a position in a higher grade of 
    the same type prevailing rate schedule, whether in the same or 
    different wage area;
        (2) Moves from a position under a prevailing rate schedule 
    established under this part to a position under a different prevailing 
    rate schedule (e.g., WG to WL) with a higher representative rate; or
        (3) Moves from a position not under a prevailing rate schedule to a 
    position with a higher representative rate under a prevailing rate 
    schedule.
    * * * * *
        5. In Sec. 532.405, paragraph (d) is added to read as follows:
    
    
    Sec. 532.405  Use of highest previous rate.
    
    * * * * *
        (d) The highest previous rate may be based upon a rate of pay 
    received during a temporary promotion, so long as the temporary 
    promotion is for a period of not less than 1 year. This limitation does 
    not apply upon permanent placement in a position at the same or higher 
    grade.
        6. In Sec. 532.415, paragraph (c) is revised to read as follows:
    
    
    Sec. 532.415  Application of new or revised wage schedules.
    
    * * * * *
        (c) In applying a new or revised wage schedule, the scheduled rate 
    of pay of an employee paid at one of the steps of the employee's grade 
    on an old wage schedule shall be adjusted upward to the newly adjusted 
    rate for the same numerical step of the grade whenever 
    
    [[Page 62702]]
    there is an increase in rates. Except when there is a decrease in wage 
    rates because of a statutory reduction in scheduled rates, the employee 
    is entitled to pay retention as provided in 5 CFR 536.104(a)(3).
    
    [FR Doc. 95-29700 Filed 12-06-95; 8:45 am]
    BILLING CODE 6325-01-M
    
    

Document Information

Published:
12/07/1995
Department:
Personnel Management Office
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-29700
Dates:
January 8, 1996..
Pages:
62701-62702 (2 pages)
RINs:
3206-AG83: Prevailing Rate System; Technical Correction and Clarification
RIN Links:
https://www.federalregister.gov/regulations/3206-AG83/prevailing-rate-system-technical-correction-and-clarification
PDF File:
95-29700.pdf
CFR: (5)
5 CFR 532.241
5 CFR 532.267
5 CFR 532.401
5 CFR 532.405
5 CFR 532.415