C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 536—GRADE AND PAY RETENTION › Subpart C—Pay Retention

5 C.F.R. § 536.302

Optional pay retention

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(a) Subject to the requirements in § 536.102 and this section, an authorized agency official may provide pay retention to an employee not entitled to pay retention under § 536.301, but whose payable rate of basic pay otherwise would be reduced (after application of any applicable geographic conversion under § 536.303(a)) as the result of a management action. This includes a management action to move an employee's position, without a break in service of more than 3 days, from a Department of Defense or Coast Guard nonappropriated fund instrumentality (as defined in 5 U.S.C. 2105(c)) to a position under a covered pay system in the same agency.

(b) If an employee's official worksite changes in conjunction with an action that may entitle the employee to pay retention under paragraph (a) of this section, the agency must apply the geographic conversion rule in § 536.303(a) before determining whether an employee's rate of basic pay otherwise would be reduced.

(c) Eligibility for pay retention under this section ceases under the conditions specified in § 536.308.

Notes of Decisions
Cited in 2 cases, 1992–2015 · leading case: Little v. United States, 124 Fed. Cl. 256 (Fed. Cl. 2015).
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Little v. United States, 124 Fed. Cl. 256 (Fed. Cl. 2015). · cites it 6× “The regulation permitting optional pay retention, 5 C.F.R. § 536.302 , however, is not money-mandating.”
Zervas v. United States, 26 Cl. Ct. 1425 (Ct. Cl. 1992). “Defendant contends that OPM review was avail *1431 able to plaintiff pursuant to Section 5366(a)(1) and that because 5 C.F.R. § 536.302 provides that OPM decisions “shall be considered final decisions,” no other review, including judicial review, should be available.”
— 5 C.F.R. § 536.302(a) — 1 case
Little v. United States, 124 Fed. Cl. 256 (Fed. Cl. 2015). “The regulation permitting optional pay retention, 5 C.F.R. § 536.302 , however, is not money-mandating.”
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