5 C.F.R. § 536.105

Comparing grades under different pay systems

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(a) General. An agency must compare the comparison rates (as defined in § 536.103) of the applicable grades to determine whether a grade of a position is equal to, higher than, or lower than the grade of another position when—

(1) Determining eligibility for grade retention upon movement from a position under a covered pay system to a lower-graded position under a different covered pay system (including determinations under § 536.203 that involve different covered pay systems);

(2) Determining whether grade retention eligibility is lost or grade retention is terminated when an employee is placed in a lower-graded position under a different covered pay system and the action is taken for personal cause or at the employee's request;

(3) Determining whether grade retention eligibility is lost or grade retention is terminated based on movement to a position under a different covered pay system with an equal or higher grade;

(4) Determining whether grade retention eligibility is lost or grade retention is terminated based on declination of a reasonable offer of a position under a different pay system with an equal or higher grade; and

(5) Determining whether pay retention eligibility is lost or a retained rate is terminated when an employee is placed in a lower-graded position under a different covered pay system and the action is taken for personal cause or at the employee's request.

(b) Geographic conversion. When comparing positions under paragraph (a) of this section which are stationed in different geographic locations where different pay schedules apply, the comparison rate of the employee's existing position of record (as in effect before the movement to a position in a different pay system) must be determined as if the official worksite of that position of record were the same as the official worksite of the new or offered position of record. Geographic conversion is not necessary for the purpose of comparing grades if an employee is being moved to (or given a reasonable offer of) a position under the same covered pay system (i.e., same grading structure).

[70 FR 31305, May 31, 2005, as amended at 73 FR 66155, Nov. 7, 2008]

Notes of Decisions

Cited in 3 cases, 2004–2006 · leading case: Mudge v. United States, 63 Fed. Cl. 363 (Fed. Cl. 2004).

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Mudge v. United States, 63 Fed. Cl. 363 (Fed. Cl. 2004). · cites it 2× “” 5 C.F.R. § 536.105 (b) (1992). A “temporary promotion” or “temporary reassignment” is one “with a definite time limitation, and one which the individual is informed in advance is temporaiy and would normally require that the individual return to his or her permanent position…”

Mudge v. United States, 154 F. App'x 916 (Fed. Cir. 2006). “” 5 C.F.R. § 536.105 (b) (1992). The Court of Federal Claims ruled that the section 536.”

Mudge v. United States, 154 Fed. Appx. 916 (Fed. Cir. 2005). “” 5 C.F.R. § 536.105 (b) (1992). The Court of Federal Claims ruled that the section 536.”

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