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Carleton  
#1 Posted : Monday, June 28, 2021 12:37:04 PM(UTC)
Carleton

Rank: Newbie

Groups: Registered
Joined: 6/28/2021(UTC)
Posts: 1
United States
Location: Alaska

Greetings. Long time reader, first time poster. I need a second opinion regarding pay setting.

I'm an Army NAF Civilian who is changing locations, changing agencies, and changing to GS. Whew.

I'm moving from a high locality to a lower locality. Right now my NAF pay is in between GS 11 step 3 & 4, in Alaska (high locality), and I'm moving to AZ (lower locality) for an actual GS job.

Here is what the AFI Says for my situation:
3.10.1.2. Voluntary Movement. Pay will be set at the rate of the new grade that does not
exceed the employee’s HPR of NAF basic pay. (T-0) The HPR of pay is computed
according to 5 CFR, Section 531.216, Setting pay when an employee moves from a
Department of Defense or Coast Guard non-appropriated fund instrumentality, current
edition. The employee’s pay cannot be less than the minimum rate of the grade of the
position.

The CFR states:
(i) Compare the NAFI highest previous rate to the highest applicable rate range currently in effect in the location where the employee was stationed while earning that rate. The highest applicable rate range is determined based on the pay schedules that would be applicable to the employee's current GS position of record if the employee were stationed in that location. Identify the lowest step rate in the highest applicable rate range that was equal to or exceeded the NAFI highest previous rate. If the NAFI highest previous rate is less than the range minimum, identify the minimum step rate (step 1). If the NAFI highest previous rate exceeds the range maximum, identify the maximum step rate (step 10).

(ii) Identify the step rate in the highest applicable rate range for the employee's current official worksite and position of record that corresponds to the step rate derived under paragraph (c)(2)(i) of this section. That corresponding rate is the maximum payable rate at which the agency may set the employee's pay under this section, except as provided by paragraph (c)(3) of this section. The agency may set the employee's rate of basic pay at any step rate that does not exceed that maximum payable rate.

Based on the line in the CFR: "Identify the lowest step rate in the highest applicable rate range that was equal to or exceeded the NAFI highest previous rate.", I'm trying to argue that I'm a step 4, since if between steps it seems to say to round up.

However HR is basing things on the AFI:"...new grade that does not exceed the employee’s HPR of NAF basic pay.", thus ruling that I'm a step 3. My counter argument is that both step 3 & 4 in AZ (my "new" grade) are less than my HPR in Alaska.

Can someone who is knowledgeable in HR read the above and give me a second opinion?
frankgonzalez  
#2 Posted : Monday, June 28, 2021 3:07:14 PM(UTC)
frankgonzalez

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They cross you over in your old location. Then they use that to set pay in the new location. Yes…your pay will drop going from high locality to a lower locality area.

Based on the rules, it looks like you should be Step 4 if your rate was between the 2 steps.
You should have voted Cthulu...the greatest of all Evils
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