[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]



 ========================================================================
 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.
 
 ========================================================================
 

  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