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Day Laborer  
#1 Posted : Tuesday, July 31, 2012 12:24:00 AM(UTC)
Day Laborer

Rank: Newbie

Groups: Registered
Joined: 11/2/2010(UTC)
Posts: 18

I was recently selected for a position at the same grade and series that I am now.
It is within the same Component/Agency that I am already working in.

The job announcement was "open to all citizens and status candidates"
I was told by the HR that since I am already government, no step increases can be negotiated.

Sorry, I have tried searching, but wanted to see if applying to an announcement "open to all US citizens and status candidates" made a difference.

I am currently a GS13 in a position that started as a 12 (GS12/13)
the new job is also advertised as GS12/13, I would start as a 13.

I've tried to interpret 5CFR 531.221 maximum payable rate rule which states:
(a) General. (1) An agency may apply the maximum payable rate
rule as described in this section to determine an employee's payable
rate of basic pay under the GS pay system at a rate higher than the
otherwise applicable rate upon reemployment, transfer, reassignment, promotion, demotion,
or change in type of appointment. (Note:
Special rules for GM employees are provided in §531.247.) A payable
rate set under this section must take effect on the effective date of
the action involved. This section may not be used to set an employee's
rate of basic pay retroactively unless a retroactive action is required to comply with a nondiscretionary agency policy.

still can't understand it.

Can anyone please help me out? Is there no hope in negotiating a step increase once the HR immediately said no? any CFR rules I can provide them to reconsider?

Thanks!




DHS HR  
#2 Posted : Tuesday, July 31, 2012 1:20:30 AM(UTC)
DHS HR

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not going to happen
Knight  
#3 Posted : Tuesday, July 31, 2012 2:04:16 AM(UTC)
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No hope at all. A lateral is just that a lateral and there is no pay increase for jumping about like this.
 
Why did you even make this change? If it is the same pay and grade and office, all you did was trade position numbers. (Employee #004 vs #005)
 
The maximum pay rule is for someone that leave the GOV and/or comes back at a lower pay grade and can get back their old rate. From OPM:
 
Quote:
The maximum payable rate rule is a special rule that allows an agency to set pay for a General Schedule (GS) employee at a rate above the rate that would be established using normal rules, based on a higher rate of pay the employee previously received in another Federal job.
 
So if you had taken a 12 you could have kept your 13 pay.
Day Laborer  
#4 Posted : Tuesday, July 31, 2012 1:28:43 PM(UTC)
Day Laborer

Rank: Newbie

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Joined: 11/2/2010(UTC)
Posts: 18

Thanks for the clarification.
I am leaving my position to rejoin another office which I previously worked for as a contractor.
Trying to rejoin a program office to find better job satisfaction and perhaps a better challenge and growth opportunies.
Communicator  
#5 Posted : Wednesday, August 01, 2012 3:49:32 AM(UTC)
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Posts: 262

You can always ask for a within grade increase.  It's a longshot, but nevertheless worth a try.
spence  
#6 Posted : Wednesday, August 01, 2012 4:04:56 AM(UTC)
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No, there is no flexibility on this when you are transferring jobs within the government.  The announcement type doesn't matter.
the rock99  
#7 Posted : Wednesday, August 01, 2012 6:10:21 AM(UTC)
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There are very few absolutes in the government, and just about everything is possible.  The most they can say is no. 

spence  
#8 Posted : Wednesday, August 01, 2012 11:54:19 AM(UTC)
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They already said no.  BTW a within-grade increase and a step increase are different terms for the same thing?

The"maximum payable rate" exception in the original post only applies if the poster has had a federal job at a higher pay rate in the past (such as a higher step in GS-13, or GS-14).  Unless that's the case, Day Laborer, I'm pretty sure you're out of luck, sorry.
 
Good luck with the new job though!







spence2012-08-01 20:25:02
Knight  
#9 Posted : Wednesday, August 01, 2012 10:21:08 PM(UTC)
Knight

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He may have been thinking of a quality step increase which can be done out of cycle. However, who would do such a thing? The losing office won't, why reward someone that is leaving. The gaining office might, but QSIs are rewards for stellar performance and he hasn't done any yet for them.
 
I know people that were paid bonuses at the end of the year, move jobs, and suddenly their bonus is pulled back. When the person asked they were told, "you left so we don't need to reward you."
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