U.S. Code
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Title 5
» Part PART III— EMPLOYEES › Subpart Subpart D— Pay and Allowances › Chapter CHAPTER 51— CLASSIFICATION
5 U.S.C. § 5105
Standards for classification of positions
(a) The Office of Personnel Management, after consulting the agencies, shall prepare standards for placing positions in their proper classes and grades. The Office may make such inquiries or investigations of the duties, responsibilities, and qualification requirements of positions as it considers necessary for this purpose. The agencies, on request of the Office, shall furnish information for and cooperate in the preparation of the standards. In the standards, which shall be published in such form as the Office may determine, the Office shall—(1) define the various classes of positions in terms of duties, responsibilities, and qualification requirements;(2) establish the official class titles; and(3) set forth the grades in which the classes have been placed by the Office.(b) The Office, after consulting the agencies to the extent considered necessary, shall revise, supplement, or abolish existing standards, or prepare new standards, so that, as nearly as may be practicable, positions existing at any given time will be covered by current published standards.(c) The official class titles established under subsection (a)(2) of this section shall be used for personnel, budget, and fiscal purposes. However, this requirement does not prevent the use of organizational or other titles for internal administration, public convenience, law enforcement, or similar purposes.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 452; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)The section is restated for clarity.
In subsection (b), the requirement that the Commission keep the standards up to date is omitted as included in the requirement that the Commission revise, supplement, or abolish existing standards, or prepare new standards so as to keep them current as nearly as practicable.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial NotesAmendments1978—Subsecs. (a), (b). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.
Statutory Notes and Related SubsidiariesEffective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
Performance Management Skills and CompetenciesPub. L. 111–352, § 12, Jan. 4, 2011, 124 Stat. 3882, provided that:“(a)Performance Management Skills and Competencies.—Not later than 1 year after the date of enactment of this Act [Jan. 4, 2011], the Director of the Office of Personnel Management, in consultation with the Performance Improvement Council, shall identify the key skills and competencies needed by Federal Government personnel for developing goals, evaluating programs, and analyzing and using performance information for the purpose of improving Government efficiency and effectiveness.“(b)Position Classifications.—Not later than 2 years after the date of enactment of this Act, based on the identifications under subsection (a), the Director of the Office of Personnel Management shall incorporate, as appropriate, such key skills and competencies into relevant position classifications.“(c)Incorporation Into Existing Agency Training.—Not later than 2 years after the enactment of this Act, the Director of the Office of Personnel Management shall work with each agency, as defined under section 306(f) of title 5, United States Code, to incorporate the key skills identified under subsection (a) into training for relevant employees at each agency.”
Notes of Decisions
William S. Barnhart v. Donald Devine, Dir., Opm, 771 F.2d 1515 (D.C. Cir. 1985).
“That statute vested in the old Civil Service Commission (“CSC” or “Commission”), and now vests in OPM, the responsibility to draft classification standards, 5 U.S.C. § 5105 (1982), and to review agency compliance with those standards, 5 U.”
Jephunneh Lawrence v. Elmer B. Staats, 640 F.2d 427 (D.C. Cir. 1981).
“Civil Service Reform Act of 1978, § 906(a)(2), 5 U.S.C.A. § 5105 (1980). . See note 70 infra for a description of the authorization and process for making such categorizations.”
Garbacz v. United States, 228 Ct. Cl. 309 (Ct. Cl. 1981).
“(relating to benefits of the competitive service) or the Classification Act of 1949, formerly 5 U.S.C. §§ 5105 et seq. (relating to classification of positions for pay purposes) or both.”
Grumbine v. United States, 586 F. Supp. 1144 (D.D.C. 1984).
“17 Under that Act, the equal pay principle is not limited to employees working in one place: government-wide standards are issued by the Office of Personnel Management (see 5 U.S.C. § 5105 ) 18 and position classification decisions must comport with the equal pay principle.”
Towers v. Horner, 791 F.2d 1244 (5th Cir. 1986).
“5 U.S.C. §§ 5105 , 5110(a). . See United States v.”
Edward J. Sullivan & Elwood v. Wilson v. The United States, 416 F.2d 1277 (Ct. Cl. 1969).
“” As a matter of fact, the Civil Service Commission which, in accordance with the Classification Act, 5 U.S.C. § 5105 (Supp. IV, 1965-68), develops, with agency assistance, job standards for all Government positions covered by the Act (including training and excepted-service…”
Atwell v. Merit Sys. Prot. Bd., 670 F.2d 272 (D.C. Cir. 1981).
“5 U.S.C. § 5105 (Supp. Ill 1979). Individual federal agencies in turn gauge their employment positions against the OPM standards and assign those positions to the appropriate grade.”
White v. United States Civil Serv. Comm'n, 468 F.2d 1357 (9th Cir. 1972).
“Congress has given the Commission a broad charter to lay down standards for classifying the various federal positions in the appropriate grade ( 5 U.S.C. § 5105 ), has directed the agencies to act in obedience to the rules that the Commission has promulgated ( 5 U.”
Finn v. United States Off. of Pers. Mgmt., 650 F. Supp. 1436 (D.S.C. 1986).
“5 U.S.C. §§ 5105 et seq. OPM’s failure to promulgate such standards and its refusal to reclassify the plaintiffs’ jobs, both allegedly done in violation of the Classification Act, are the gravemen of the plaintiffs’ complaint.”
Conyers v. Sec'y of Vets. Affairs (Fed. Cir. 2018).
· cites it 2× “§ 721 (a)(7)(B)(ii) and 5 U.S.C. § 5105 (b). Specifically, Mr. Conyers provides an example that a core competency of a CP is to adminis- ter and interpret psychometric tests, but the job require- ments of a VRC “raise[] doubts whether a particular VRC is actually trained and…”
Garrigan, 206 Ct. Cl. 894 (Ct. Cl. 1975).
“5 U.S.C. §§ 5105 , 5110, 5112 (1970). Plaintiff agreed to this procedure at the time.”
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