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Administrative Management and Executive Secretariat

 

NAO 202-531A

APPLICATION OF HIGHEST PREVIOUS RATE FLEXIBILITIES

Issued 10/14/92; Effective 10/01/92

SECTION 1. PURPOSE.

This Order provides the National Oceanic and Atmospheric Administration (NOAA) guidance for setting pay when highest previous rate (HPR) is involved and in agreement with the flexibilities intended by the Federal Employees Pay Comparability Act of 1990 (FEPCA).

SECTION 2. APPLICABILITY/SCOPE.

.01 The Order covers the responsibilities of management officials and Servicing Personnel Offices (SPO) when using HPR pay setting flexibilities.

SECTION 3. REFERENCES.

.01 Title 5 U.S.C. 5334.

.02 Title 5 CFR 531.203.

.03 The Federal Employees' Pay Comparability Act of 1990, P.L. 101-509 (FEPCA).

.04 Federal Personnel Manual Supplement 990-2, Book 531, S2-4.b.3, Determining Rate of Basic Pay.

SECTION 4. POLICY.

.01 The requirements on pay setting provisions such as bonuses, allowances, and promotion rules are found in their specific governing regulations. Rates of pay may be set above or below the HPR when conditions warrant.

.02 The intent of the FEPCA is to provide the manager with greater flexibility with pay to attract and retain employees.

.03 The SPO and the manager shall act in partnership to ensure that employees are paid equitably. Under the FEPCA, equity means fairness rather than sameness.

.04 The SPO shall advise the manager on pay setting. The manager shall determine pay setting based upon this advice.

.05 Pay may be set above or below the HPR when:

a. difficult labor market conditions may make it necessary to offer higher rates to attract desirable candidates; and

b. limited budgets and ceilings and/or a readily available labor market make it prudent to offer a lower pay rate.

SECTION 5. RESPONSIBILITIES/PROCEDURES.

.01 The manager shall decide what pay rates to offer individuals based upon their SPO's advice.

.02 The SPO shall provide services to the manager including:

a. the exploration of all factors to determine the most effective and equitable rate including superior qualifications, recruitment and retention bonuses, HPR, etc. to offer employees;

b. the making of offers and negotiating with individuals on issues including grade and pay within the ranges requested by the manager;

c. the determination of what documentation shall be made to support the propriety of the individual determinations and to ensure overall consistency; (The minimum documentation shall be the SPO's annotation on the Standard Form (SF)-52, Request for Personnel Action.) and

d. the determination of what notification shall be provided to employees to assure their understanding of the pay setting.

.03 The Attachment to this Order provides additional guidance on this Order's provisions.

SECTION 6. EFFECT ON OTHER ISSUANCES.

None.

SIGNED,
Director, Office of Administration

Attachment

Office of Primary Interest:
Office of Administration
Personnel Operations Division (OA21)

 

 


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Last Updated: September 20, 2005 11:38 AM