[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Proposed Rules]
[Pages 36238-36239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17278]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 /
Proposed Rules
[[Page 36238]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AG83
Prevailing Rate Systems; Technical Corrections and Clarifications
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing proposed
regulations to correct and clarify certain matters relating primarily
to pay administration under the Federal Wage System (FWS). The proposed
regulations would correct errors and eliminate ambiguities in the
administration of the system.
DATES: Comments must be received by August 14, 1995.
ADDRESSES: Send or deliver comments to Donald J. Winstead, Assistant
Director for Compensation Policy, Human Resources Systems Service,
Office of Personnel Management, Room 6H31, 1900 E Street NW.,
Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT:
Paul Shields, (202) 606-2848.
SUPPLEMENTARY INFORMATION: Federal agencies have been instrumental in
helping OPM to identify the need for several corrections and
clarifications in FWS regulations. In some cases, errors were noted. In
other instances, regulatory provisions were found to be ambiguous.
Accordingly, the proposed changes include the following: (1)
Clarification of provisions governing the analysis of usable wage
survey data in Sec. 532.241; (2) clarification of the definitions of
two terms in Sec. 532.401; (3) a description of limitations on the use
of a rate of pay earned on temporary promotion as a ``highest previous
rate'' in Sec. 532.405; (4) correction for conformance with 5 CFR part
536 of provisions on the application of pay retention when a wage
schedule is reduced in Sec. 532.415; (5) and insertion of a mistakenly
deleted Standard Industrial Classification code in Sec. 532.267(c)(1).
The Federal Prevailing Rate Advisory Committee reviewed this
recommendation and by consensus recommended approval.
Regulatory Flexibility Act
I certify that these regulations would not have a significant
economic impact on a substantial number of small entities because they
would 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 proposes to amend 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 unweighted matches
and for each nonappropriated fund job having at least 5 unweighted
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 definitions of change to lower grade and
promotion are revised to read as follows:
Sec. 532.401 Definitions.
* * * * *
Change to lower grade means to change in the position of an
employee who, while continuously employed--
(1) Move 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 representatives 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.
* * * * *
[[Page 36239]]
(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 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. 95-17278 Filed 7-13-95; 8:45 am]
BILLING CODE 6325-01-M
