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LSEP  
#1 Posted : Monday, July 26, 2021 9:50:40 AM(UTC)

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My Fellow Members,

At one point in time, I was hired and appointed in a full time and permanent GS-12 position. However, I resigned in less than 90 days. If I ever get hired to a lower grade, do I qualify for the HPR based on this below statement: "It is based on a regular tour of duty under an appointment not limited to 90 days or less".

Excerpt from 5 CFR § 532.401. It is based on a regular tour of duty under an appointment not limited to 90 days or less, or for a continuous period of no less than 90 days under one or more appointment without a break in service.

I appreciate any inputs and or guidance on this matter.

Thanking you all in advance, LSEP.
frankgonzalez  
#2 Posted : Monday, July 26, 2021 11:38:57 AM(UTC)
frankgonzalez

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Originally Posted by: LSEP Go to Quoted Post
My Fellow Members,

At one point in time, I was hired and appointed in a full time and permanent GS-12 position. However, I resigned in less than 90 days. If I ever get hired to a lower grade, do I qualify for the HPR based on this below statement: "It is based on a regular tour of duty under an appointment not limited to 90 days or less".

Excerpt from 5 CFR § 532.401. It is based on a regular tour of duty under an appointment not limited to 90 days or less, or for a continuous period of no less than 90 days under one or more appointment without a break in service.

I appreciate any inputs and or guidance on this matter.

Thanking you all in advance, LSEP.
Were you previous to the GS12 position a federal employee? If not, I doubt it applies.

You should have voted Cthulu...the greatest of all Evils
LSEP  
#3 Posted : Monday, July 26, 2021 1:59:36 PM(UTC)

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Frank, thank you for responding, much appreciated! Were you asking if I was a federal employee prior to the GS12 position? If so, the answer is yes. If then applies, would you please elaborate. Again, thank you!
ji_  
#4 Posted : Monday, July 26, 2021 6:46:37 PM(UTC)
ji_

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see https://www.opm.gov/poli...ximum-payable-rate-rule/

As I understand, HPR is something a hiring agency MAY consider in pay setting, but it is discretionary on the agency's part and an employee has no entitlement to it.
frankgonzalez  
#5 Posted : Tuesday, July 27, 2021 3:17:01 AM(UTC)
frankgonzalez

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Originally Posted by: LSEP Go to Quoted Post
Frank, thank you for responding, much appreciated! Were you asking if I was a federal employee prior to the GS12 position? If so, the answer is yes. If then applies, would you please elaborate. Again, thank you!
Ok...so they may use it, but it is optional for the agency to do so. However, if you already had 52 weeks as a GS11, then it will all depend on what grade you come back as. After all, if you take a GS7 job, even step 10 will be considerably lower than any GS11 step. Also, when they refer to HPR, they are referring to grade and step, not specifically the actual pay your received. After all, if you were a GS12 step 1 in NYC or SF or DC and then moved to central OK (which is under "Rest of US"), and took a GS12 step 1 position...you would still make less than you did in those other locations. In fact, a promotion with that type of move can result in lower pay (I declined to apply to a position I was encouraged to apply to in Cleveland despite it being a promotion due to the fact I'd lose money..and I really didn't want to live in that area. I may have been willing to do so though had it actually been a pay raise).


Bottom line...they could use HPR, but are not required to (especially as you voluntarily left after less than 90 days in the position).
You should have voted Cthulu...the greatest of all Evils
LSEP  
#6 Posted : Friday, July 30, 2021 12:54:33 PM(UTC)

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Thank you Frank. So then, even if I was in the position for less than 90 days I do qualify for the HPR. Am I understanding you correctly?
frankgonzalez  
#7 Posted : Monday, August 2, 2021 3:43:46 AM(UTC)
frankgonzalez

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Originally Posted by: LSEP Go to Quoted Post
Thank you Frank. So then, even if I was in the position for less than 90 days I do qualify for the HPR. Am I understanding you correctly?
They could use it...it is the agency's option whether or not they want to.

You should have voted Cthulu...the greatest of all Evils
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