Compensation

Contents

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 (DC Law 2-139; DC 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 (DC 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 for that position or occupation.

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 (DC 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 (DC 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 (DC 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 (DC 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 (DC 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 (DC 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 (DC 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 (DC 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 (DC 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 (DC 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:

(a) 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

(b) 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 (DC 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 (DC 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:

(a) The individual is in the service of the District government on the date of final action by the Council on the increase; or

(b) 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.

(a) 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.

 

(b) 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:

 (a) District Service Salary System; and
 
 (b) 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: 

(a) Career Service salary schedules (union), the symbol for which is CS;
 
(b) Career Service salary schedules (non-union), the symbol for which is CS;

(c) 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;

(d) The Excepted Service salary schedule (ES Schedule), the symbol for which is ES; and

(e) 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 in¬cludes the following schedules:

 (a) 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.

 (b) 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:

(a) Grades and steps consisting of annual salaries within each grade; or

(b) 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 sections 1126.6 through 1126.11, 1126.21, 1126.22, 1126.29, and 1126.30 of this chapter, a new appointment shall be made at the mini¬mum rate of the grade or pay level. 

1126.6 At the discretion of the agency head, an initial or first (1st) appointment with the District government to a Career Service position under a CS salary schedule with steps may be made at any step up to the representative rate of the appropriate grade on a CS salary schedule, as applicable.

1126.7 The pay-setting rules listed in the chart below shall apply to all initial or first (1st) appointments with the District government, promotions, change to lower grade actions, and reassignments to positions in the Excepted Service or Management Supervisory Service (MSS) paid from the ES Schedule or MS Schedule:
 

TYPE OF APPOINTMENT	PAY-SETTING RULE
Initial or First (1st) Appointment with the District government	(a) 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:       (1)  Selectee’s current salary;           (2)  Skills set the selectee brings to the job in             addition to the minimum qualifications for the             position;            (3)  Effect on agency and budget limitations;            (4)  Market value of the position; and            (5)  Internal compensation relationships.  (b)  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.
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 The provisions of section 1126.7 of this section shall apply to all initial or first (1st) appointments with the District government, promotions, change to lower grade actions, and reassignments to non-union Career Service to non-union white collar positions at grade levels 15/16 and 16/17.

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 sched¬ule 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:

(a) The special needs of the agency for the candidate’s services;

(b) The candidate’s unusually high or unique qualifications for the position; and

(c) The candidate’s rate of basic pay.

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 exist¬ing 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:

(a) 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

(b) 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 At the discretion of the personnel authority in the case of an independent agency as defined in Chapter 36 of these regulations, or at the discretion of the Attorney General for the District of Columbia (Attorney General) in the case of the Office of the Attorney General for the District of Columbia (OAG), as applicable, a new appointment in the Legal Service to a position paid from a LS salary schedule may be made at any step on the appropriate LS salary schedule.

1126.21  At the discretion of the Attorney General (in the case of the OAG), a new appointment in the Legal Service to a SEAS position and a non-SEAS management position may be made at any rate of the appropriate pay level on the schedule as specified in sections 1126.22 through 1126.26 of this section.

1126.22    New appointments to OAG section chief and assistant section chief positions shall be made at the lowest pay level on the LX Schedule.  New appointments to OAG deputy and assistant deputy positions shall be made at the next highest pay level on the LX Schedule.  New appointments to OAG chief deputy positions shall be made at the highest pay level on the LX Schedule. 

1126.23 The Attorney General shall designate the appropriate starting salary for covered employees within the salary range for the pay level occupied on the LX Schedule for each deputy, assistant deputy, section chief, assistant section chief, general counsel who perform work for a subordinate agency other than the OAG, or any other attorney to be paid from the LX Schedule, as appropriate, based upon criteria which shall include but not be limited to the following:

(a) Number of employees supervised;

(b) Complexity of the duties and responsibilities;

(c) Experience and skills; and

(d) Job performance.

1126.24 The Attorney General, at his or her sole discretion and using the criteria set forth in section 1126.23 of this section, may change the salary of covered employees at any time to any other salary within the salary range for the level occupied.

1126.25 The salary of covered employees who are temporarily assigned to positions at a higher or lower level in the LX Schedule shall be set, at the discretion of the Attorney General, at any salary within the salary range of the level to which the employees are temporarily assigned or at a salary within the salary range of the level of the employees’ regular position. 

1126.26 The salary of non-covered employees who are temporarily assigned to covered positions shall be set at the pay level within the LX Schedule designated for the covered positions pursuant to sections 1126.22 and 1126.23 of this section at any salary within the salary range of the level to which the employees are temporarily assigned.  Upon termination of the temporary assignments, the employees shall return to the non-covered positions and salaries they occupied prior to the temporary assignments.

1126.27 Persons paid from a LX salary schedule shall not receive overtime pay. 

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:

 (a) 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

 (b) Inform affected employees of the pay-setting procedures.

1126.30 The salary of non-covered employees who are temporarily assigned to covered positions shall be set at the pay level within the LX Schedule designated for the covered positions pursuant to section 1126.26 and 1126.27 of this section at any salary within the salary range of the level to which the employees are temporarily assigned. Upon termination of the temporary assignments, the employees shall return to the non-covered positions and salaries they occupied prior to the temporary assignments.

1126.31 Persons paid from the LX Schedule shall not be entitled to premium pay.

1126.32 Persons holding appointments in covered positions 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.

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:

(a) The employee must have completed the required waiting period for advancement to the next higher step of the grade of his or her position;

(b) The employee must not have received an equivalent increase during the waiting period; and

(c) 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:

(a) Steps 2, 3, 4, and 5: fifty-two (52) calendar weeks of creditable service; and

(b) 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:

(a) 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

(b) 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:

(a) On a new appointment as an employee of the District government;

(b) 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

(c) 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.

(a) Two (2) administrative workweeks in the waiting period for steps 2, 3, 4, or 5; or

(b) 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 (DC 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:

(a) 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

(b) 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:

(a) Adjustment of salary and rate schedules;

(b) The establishment or adjustment of a higher minimum rate of basic pay as provided in § 1123.7;

(c) A temporary or term promotion in which the highest previous rate is not used when returned to the position from which promoted; or

(d) 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:

(a) The employee has received a letter of warning of unsatisfactory performance or equivalent;

(b) The employee has received a warning letter with postponement of rating; or

(c) 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 within-grade 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 Rate 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 appropri¬ate 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:

(a) The special needs of the agency for the candidate’s services;

(b) The candidate’s skills and experience are of an exceptional or highly specialized nature in his or her trade or craft; and

(c) The candidate’s rate of basic pay.

1128.9 When a superior qualifications appointment is made by reemployment, the candi¬date 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:

(a) 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.

(b) 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:

(a) 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 represen¬tative 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.

(b) 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:

(a) The employee must have completed the required waiting period for advancement to the next higher step of the grade of his or her position;

(b) The employee must not have received an equivalent increase during the waiting period; and

(c) 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 § 1129.7, 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:

(a) Rates 2 and 3: fifty-two (52) calendar weeks of creditable service; and

(b) Rates 4, 5, and 6: one hundred four (104) calendar weeks of creditable service.

1129.5 Except as provided in § 1129.6, 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:

(a) Rates 2 and 3: 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

(b) Rates 4, 5, and 6: 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:

(a) On a new appointment as an employee of the District government;

(b) 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

(c) 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 §§ 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:

(a) Two (2) administrative workweeks in the waiting period for rates 2 or 3;

(b) Four (4) administrative workweeks in the waiting period for rates 4, 5, or 6.

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 (DC 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:

(a) 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

(b) 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:

(a) Adjustment of salary and rate schedules;

(b) The establishment or adjustment of a higher minimum rate of basic pay as provided in § 1123.7;

(c) A temporary or term promotion in which the highest previous rate is not used when returned to the position from which promoted; or

(d) 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:

(a) The employee has received a letter of warning of unsatisfactory performance or equivalent;

(b) The employee has received a warning letter with postponement of rating; or

(c) 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 within-grade 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:

(a) Reinstatement to or a promotion in a position in the Career Service paid under a salary or rate schedule with steps;

(b) 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

(c) 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:

(a) 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 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. 

(b) 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 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.

1130.4 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:

(a) 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 represen¬tative 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. 

(b) If one hundred one percent (101%) of the representative rate, as defined in sections 1131.11 or 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 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:

(a) 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

(b) 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 pro¬bationary 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 supervi¬sory 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 re¬ceive 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:

(a) 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;

 (b) 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

(c) 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.

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:

(a) To derive an hourly rate, divide the annual rate by two thousand eighty (2,080) (rounded to the nearest cent, counting one-half (1/2) cent and over as a whole cent);

(b) To derive a daily rate, multiply the hourly rate by the number of daily service hours required; and

(c) 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 (1/2) 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:

(a) 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.

(b) 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:

(a) 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
 
 (b) 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 (DC 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 (1/4) 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.

1132.8 Holiday premium pay shall not be included in the rate of basic pay used to compute amounts of deductions for retirement and group life insurance.

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 (1/4) 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 (1/4) 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 (1/4) 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 (1/4) 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:

(a) Shall become effective on the first day of the first biweekly pay period following the adoption thereof; and

(b) 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:

(a) On his or her own initiative;

(b) At the request of an agency;

(c) At the request of a labor organization made through an agency in which it holds exclusive recognition for a unit of employees; or

(d) 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:

(a) Shall become effective on the first day of the first biweekly pay period following the adoption thereof; and

(b) 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 (1/2) 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.

1136.17 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 (1/4) 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:

(a) 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

(b) 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:

(a) When authorization for the local environment pay is removed from his or her position;

(b) When he or she leaves the position for which local environment pay was authorized; or

(c) 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:

(a) 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

(b) 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:

(a) He or she must occupy a position for which on-call pay has been authorized pursuant to § 1137.2;

(b) 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;

(c) The employee must be required to be in a state of readiness to perform work; and

(d) 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-for-hour basis, in increments of one-quarter (1/4) 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 in to perform work, he or she shall be credited with a minimum of two (2) hours of work time.

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 all employees at grade 14 or below 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 Exempt time off granted to any individual employee in accordance with this section shall not exceed a total of eighty (80) hours in any consecutive twelve-month (12-month) period; except that, upon request from an agency, the personnel authority may authorize exempt time off, up to a maximum of one hundred twenty (120) hours, for FLSA exempt employee