[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Rules and Regulations]
[Pages 62701-62702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29700]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / 
Rules and Regulations  

[[Page 62701]]


OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AG83


Prevailing Rate Systems; Technical Corrections and Clarifications

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management is issuing a final rule to 
correct and clarify certain matters relating primarily to pay 
administration under the Federal Wage System. This rule corrects errors 
and eliminates ambiguities in the administration of the system.

EFFECTIVE DATE: January 8, 1996..

FOR FURTHER INFORMATION CONTACT:
Paul Shields, (202) 606-2848.

SUPPLEMENTARY INFORMATION: On July 14, 1995, OPM published a proposed 
rule to correct and clarify matters relating primarily to pay 
administration under the Federal Wage System. The purpose is to correct 
errors and eliminate ambiguities in the administration of the system. 
The proposed rule provided a 30-day period for public comment. OPM 
received no comments during the comment period. Therefore, the proposed 
rule is being adopted as a final rule.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
will affect only Federal agencies and employees.

List of Subjects in 5 CFR Part 532

    Administrative practice and procedure, Freedom of information, 
Government employees, Reporting and recordkeeping requirements, Wages.

Office of Personnel Management.
Lorraine A. Green,
Deputy Director.

    Accordingly, OPM is amending 5 CFR part 532 as follows:

PART 532--PREVAILING RATE SYSTEMS

    1. The authority citation for part 532 continues to read as 
follows:

    Authority:  5 U.S.C. 5343, 5346; Sec. 532.707 also issued under 
5 U.S.C. 552.

Subpart B--Prevailing Rate Determinations

    2. Section 532.241 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 532.241  Analysis of usable wage survey data.

    (a)(1) The lead agency shall compute a weighted average rate for 
each appropriated fund survey job having at least 10 unweighed matches 
and for each nonappropriated fund job having at least 5 unweighed 
matches. The weighted average rates shall be computed using the survey 
job data collected in accordance with Secs. 532.235 and 532.247 and the 
establishment weight.
* * * * *
    3. In Sec. 532.267, paragraph (c)(1) is revised to read as follows:


Sec. 532.267  Special wage schedules for aircraft, electronic, and 
optical instrument overhaul and repair positions in Puerto Rico.

* * * * *
    (c) * * *
    (1) Surveys shall, at a minimum, include the air transportation and 
electronics industries in SIC's 3571, 3572, 3575, 3577, 3663, 3669, 
3672, 3674, 3679, 3695, 3812, 4512, 4513, 4522, 4581, 5044, and 5045.
* * * * *

Subpart D--Pay Administration

    4. In Sec. 532.401, the definition of Change to a lower grade is 
removed, a new definition for Change to lower grade is added, and the 
definition of Promotion is revised to read as follows:


Sec. 532.401  Definitions.

* * * * *
    Change to lower grade means a change in the position of an employee 
who, while continuously employed--
    (1) Moves from a position in one grade of a prevailing rate 
schedule established under this part to a position in a lower grade of 
the same type prevailing rate schedule, whether in the same or 
different wage area;
    (2) Moves from a position under a prevailing rate schedule 
established under this part to a position under a different prevailing 
rate schedule (e.g., WL to WG) with a lower representative rate; or
    (3) Moves from a position not under a prevailing rate schedule to a 
position with a lower representative rate under a prevailing rate 
schedule.
* * * * *
    Promotion means a change in the position of an employee who, while 
continuously employed--
    (1) Moves from a position in one grade of a prevailing rate 
schedule established under this part to a position in a higher grade of 
the same type prevailing rate schedule, whether in the same or 
different wage area;
    (2) Moves from a position under a prevailing rate schedule 
established under this part to a position under a different prevailing 
rate schedule (e.g., WG to WL) with a higher representative rate; or
    (3) Moves from a position not under a prevailing rate schedule to a 
position with a higher representative rate under a prevailing rate 
schedule.
* * * * *
    5. In Sec. 532.405, paragraph (d) is added to read as follows:


Sec. 532.405  Use of highest previous rate.

* * * * *
    (d) The highest previous rate may be based upon a rate of pay 
received during a temporary promotion, so long as the temporary 
promotion is for a period of not less than 1 year. This limitation does 
not apply upon permanent placement in a position at the same or higher 
grade.
    6. In Sec. 532.415, paragraph (c) is revised to read as follows:


Sec. 532.415  Application of new or revised wage schedules.

* * * * *
    (c) In applying a new or revised wage schedule, the scheduled rate 
of pay of an employee paid at one of the steps of the employee's grade 
on an old wage schedule shall be adjusted upward to the newly adjusted 
rate for the same numerical step of the grade whenever 

[[Page 62702]]
there is an increase in rates. Except when there is a decrease in wage 
rates because of a statutory reduction in scheduled rates, the employee 
is entitled to pay retention as provided in 5 CFR 536.104(a)(3).

[FR Doc. 95-29700 Filed 12-06-95; 8:45 am]
BILLING CODE 6325-01-M