(a) Applicability. This section applies to all employees in the classified service who are represented by a certified employee organization. This section governs pay as a result of any movement in the classified service between positions that are on the same pay schedule.
(b) Inclusion of longevity awards. For the purposes of this section, an employee's former and new pay rates shall include the appropriate longevity entitlements as provided for in § 6-1-202(b)(6) through (b)(10) and (c)(3) through (c)(5).
(c) Promotion.
(1) Except as otherwise provided in this subsection, if an employee is promoted to a position that is classified in a higher grade, the employee's new pay is the greater of:
(i) the minimum pay rate of the new grade; or
(ii)
that pay rate for those employees within the new grade that is at least 5% above the level at which the employee was paid in the former grade, but not exceeding the maximum pay on the applicable pay schedule for the new grade.
(2) If the level at which the employee was paid in the former grade is more than the maximum pay for the new grade:
(i) the employee's new pay shall remain the same as the employee's pay in the former grade; and
(ii) the employee is not eligible for any form of pay increase until the maximum pay for the new grade is increased so that it exceeds the employee's pay.
(d) Memorandum of agreement applicability for FW pay schedule employees. Proficiency advancement of an employee between classifications on the FW pay schedule shall be in accordance with the applicable memorandum of agreement.
(e) Demotions. An employee who is demoted shall be entitled to the rate of pay provided in the applicable memorandum of agreement. If no method of determining the rate of pay is provided for in the agreement, an employee shall be entitled to one of the following rates of pay, as applicable:
(1) except for a demotion under § 808 of the Charter, the employee's rate of pay shall be as determined by the appointing authority and approved by the Personnel Officer, but shall not be more than the employee's former rate of pay or more than the maximum pay for the new grade; or
(2) if the employee is demoted in accordance with § 808(a) of the Charter, the employee's new rate of pay shall be, as determined by the appointing authority and approved by the Personnel Officer, a rate of pay within the new grade or a rate of pay that exceeds the maximum pay of the new grade, but not exceeding the rate of pay the employee received in the former grade.
(3) If the employee is demoted in accordance with § 808(b), (c), (d), or (e) of the Charter, the employee's new rate of pay shall be, as determined by the appointing authority and approved by the Personnel Officer, a rate of pay within the new grade that is less than the rate of pay the employee received in the former grade or a rate of pay which exceeds the maximum pay for the new grade, but less than the rate of pay the employee received in the former grade.
(4) A change in rate of pay under subsection (e)(2) or (e)(3) may not result in a pay decrease of more than 15%.
(f) Reclassification or grade reallocation.
(1) Except as otherwise provided in this subsection, if an employee's position is reclassified to a class in a higher grade or the employee's class is reallocated to a higher grade, the employee's new pay shall be 5% above the level at which the employee was paid in the former grade, but not exceeding the maximum pay for the new grade. If the employee's pay in the former grade was more than 5% below the minimum pay rate of the new grade, the employee's pay shall be the minimum pay for the new pay grade.
(2) If an employee's position is reclassified to a class in a lower grade, the employee's new pay shall be at a pay rate on the applicable pay schedule within the new grade that is at the same pay rate and not lower than the level at which the employee was paid in the former grade.
(3) If the level at which the employee was paid in the former grade is more than the maximum pay on the applicable pay schedule for the new grade, the employee's new pay shall remain the same as the employee's pay in the former grade and the employee is not eligible for any form of pay increase until the maximum pay on the applicable pay schedule in the new grade is increased to a level that exceeds the employee's pay.
(4) Proficiency advancement of an employee shall be in accordance with the applicable memorandum of agreement or Office of Personnel policies and procedures.
(g) Effective date for pay changes. The effective date for all pay changes under this section shall be the first day of the normal pay period following the date that applicable requirements are met.
(h) Processing merit pay increases prior to promotion, reclassification, or grade reallocation. If an employee’s merit pay increase falls on the same date as the employee’s promotion, reclassification, or grade reallocation, the merit pay increase shall be processed prior to the promotion, reclassification, or grade reallocation.
(1985 Code, Art. 8, § 1-206) (Bill No. 13-89; Bill No. 32-89; Bill No. 28-96; Bill No. 71-96; Bill No. 65-97; Bill No. 79-98; Bill No. 40-99; Bill No. 43-00; Bill No. 70-00; Bill No. 39-01; Bill No. 52-02; Bill No. 75-02; Bill No. 34-04; Bill No. 59-06; Bill No. 41-07; Bill No. 56-18; Bill No. 58-19; Bill No. 44-20; Bill No. 45-21; Bill No. 51-22; Bill No. 44-23)