$531.701 Definitions. In this subpart: Continued rate of pay means a rate of pay first established in January 1994 for an employee who previously received an interim geographic adjustment on top of a worldwide or nationwide special rate authorized under 5 U.S.C. 5305. Employee means an employee in a position in whom subchapter III of chapter 53 of title 5, United States Code applies, whose official duty station is located in an interim geographic adjustment area and who is receiving a continued rate of pay. General Schedule means the basic pay schedule established under 5 U.S.C. 5332. Interim geographic adjustment area means one of the following Consolidated Metropolitan Statistical Areas (CMSA's), as defined by the Office of Management and Budget (OMB), that was an interim geographic adjustment area when continued rates of pay first became applicable in January 1994: (1) New York-Northern New JerseyLong Island, NY-NJ-CT-PA; Angeles-Riverside-Orange (2) Los County, CA; or (3) San Francisco-Oakland-San Jose, CA. Official duty station means the duty station for an employee's position of record as indicated on his or her most recent notification of personnel action. $531.702 Computation of hourly, daily, weekly, and biweekly continued rates of pay. When it is necessary to convert a continued rate of pay from an annual rate to an hourly, daily, weekly, or biweekly rate, the following methods apply: (a) To derive an hourly rate, divided the continued rate by 2,087 and round to the nearest cent, counting one-half cent and over as a whole cent; (b) To derive a daily rate, multiply the hourly rate by the number of daily hours of service required by the employee's basic daily tour of duty; (c) To derive a weekly or biweekly rate, multiply the hourly rate by 40 or 80, as the case may be. $531.703 Administration of continued rates of pay. (a) An employee shall receive the greatest of (1) His or her rate of basic pay, including any applicable special salary rate established under 5 U.S.C. 5305 or similar provision of law or special rate for law enforcement officers under section 403 of FEPCA; (2) A continued rate of pay under this subpart; (3) A special law enforcement officer adjusted rate of pay under subpart C of this part, where applicable, including a special law enforcement adjusted rate of pay continued under § 531.307; or (4) A locality rate of pay under subpart F of this part, where applicable. (b) A continued rate of pay is considered basic pay for the same purposes as described in § 531.606(b), as applicable. (c) A continued rate of pay is paid only for those hours for which an employee is in a pay status. (d) A continued rate of pay is included in an employee's "total remuneration," as defined in §551.511(b) of this chapter, and "straight time rate of pay," as defined in §551.512(b) of this chapter, for the purpose of computations under the Fair Labor Standards Act of 1938, as amended. (e) At the time of an adjustment in pay under 5 U.S.C. 5303, a continued rate of pay shall be increased by the lesser of (1) The dollar amount of the adjustment (including a zero adjustment) made under 5 U.S.C. 5303 in the General Schedule rate of basic pay for the employee's grade and step (or relative position in the rate range); or (2) The dollar amount of the adjustment (including a zero adjustment) in the special salary rate applicable to the employee as a result of the annual review of special rates required by § 530.304 of this chapter. (f) An increase in a continued rate of pay under paragraph (e) of this section is not an equivalent increase in pay within the meaning of section 5335 of title 5, United States Code. (g) A continued rate of pay terminates on the date (1) An employee's official duty station is no longer located in one of the interim geographic adjustment areas; (2) An employee is no longer in a position covered by this subpart; (3) An employee separates from Federal service; (4) An employee's special salary rate under 5 U.S.C. 5305 or similar provision of law (other than section 403 of FEPCA) exceeds his or her continued rate of pay; (5) An employee's special law enforcement adjusted rate of pay under subpart C of this part exceeds his or her continued rate of pay; (6) An employee's locality rate of pay under subpart F of this part exceeds his or her continued rate of pay; or (7) An employee is reduced in grade; (8) An employee is no longer in a position covered by a nationwide or worldwide special rate authorization (or, in the event of the conversion of a nationwide or worldwide special rate authorization to a local special rate authorization, a position covered by the new local special rate authorization). (h) Termination of a continued rate of pay under paragraph (g) of this section is not an adverse action for the purpose of subpart D of part 752 of this chapter. (i) An employee's entitlement to a continued rate of pay is not affected by a temporary promotion or temporary reassignment, except that a continued rate shall be suspended when a temporary promotion or reassignment causes one of the conditions in paragraph (g) of this section to be satisfied. In such situations, an employee's entitlement to continued pay will resume as if never interrupted upon return to the permanent position, subject to the requirements of this subpart. A continued rate that is resumed shall include any pay adjustments that were authorized for the permanent position under paragraph (e) of this section during the period of the temporary promotion or reassignment. [61 FR 3541, Feb. 1, 1996, as amended at 61 FR 34714, July 3, 1996; 64 FR 36771, July 8, 1999] 8531.704 Effect of continued rates of pay on retention payments under FBI demonstration project. As required by section 406 of the Federal Employees Pay Comparability Act of 1990 (Pub. L. 101-509), a retention payment payable to an employee of the New York Field Division of the Federal Bureau of Investigation under section 601(a)(2) of Public Law 100-453, as amended, shall be reduced by the amount of any continued rate adjustment payable to that employee under this subpart. For the purpose of applying this section, the amount of any continued rate adjustment shall be determined by subtracting the employee's scheduled annual rate of pay (as defined in §531.602 of this part from his or her continued rate of pay. 532.259 Special appropriated 532.257 Regular nonappropriated fund wage fund wage schedules for U.S. insular areas. 532.261 Special wage schedules for leader and supervisory schedules for leader and supervisory wage employees in the Puerto Rico wage area. 532.263 Special wage schedules for production facilitating positions. 532.265 Special wage schedules for apprentices and shop trainees. 532.267 Special wage schedules for aircraft, electronic, and optical instrument overhaul and repair positions in Puerto Rico. 532.269 Special wage schedules for Corps of Engineers, U.S. Army navigation lock and dam employees. 532.271 Special wage schedules for National Park Service positions in overlap areas. 532.273 Special wage schedules for United States Information Agency Radio Antenna Rigger positions. 532.275 Special wage schedules for ship surveyors in Puerto Rico. 532.277 Special wage schedules for U.S. Navy positions in Bridgeport, California. 532.279 Special wage schedules for printing positions. 532.281 Special wage schedules for divers and tenders. 532.283 Special wage schedules for nonappropriated fund tipped employees classified as waiter/waitress. 532.285 Special wage schedules for supervisors of negotiated rate Bureau of Reclamation employees. APPENDIX A TO SUBPART B OF PART 532-NA TIONWIDE SCHEDULE OF APPROPRIATED APPENDIX B TO SUBPART B OF PART 532-NA- APPENDIX D TO SUBPART B OF PART 532-NON- Subpart D-Pay Administration Definitions. For the purposes of this part: Full-scale survey means a survey conducted at least every 2 years in which data are collected from a current sampling of establishments in the private sector by personal visit of data collectors. Host activity is the local Federal activity designated by the lead agency to obtain employment statistics from other Federal activities in the wage area and to provide support facilities and clerical assistance for the wage survey. Lead agency means the agency designated by the Office of Personnel Management to plan and conduct wage surveys, analyze wage survey data, and determine and issue required wage schedules for a wage area. Survey area means that part of the wage area where the private enterprise establishments included in the wage survey are located. Wage area means that geographic area within which a single set of regular wage schedules is applied uniformly by Federal installations to covered occupations. Wage change survey means a survey in which rate change data are collected from the same establishments and for the same establishment occupations represented in the full-scale survey. These data may be collected by telephone, mail, or personal visit. § 532.203 Structure of regular wage schedules. (a) Each nonsupervisory and leader regular wage schedule shall have 15 grades, which shall be designated as follows: (1) WG means an appropriated fund nonsupervisory grade; (2) WL means an appropriated fund leader grade; (3) NA means a nonappropriated fund nonsupervisory grade; and (4) NL means a nonappropriated fund leader grade. (b) Each supervisory regular wage schedule shall have 19 grades, which shall be designated as follows: (1) WS means an appropriated fund supervisory grade; and (2) NS means a nonappropriated fund supervisory grade. (c) The step 2 or payline rate for each grade of a leader regular wage schedule shall be equal to 110 percent of the rate for step 2 of the corresponding grade of the nonsupervisory regular wage schedule for the area. (d) The step 2 or payline rate for each grade of an appropriated fund supervisory regular wage schedule shall be: (1) For grades WS-1 through WS-10. equal to the rate for step 2 of the corresponding grade of the nonsupervisory regular wage schedule for the area, plus 30 percent of the rate for step 2 of WG-10; (2) For grades WS-11 through WS-18, the second rate of WS-10, plus 5, 11.5, 19.6, 29.2, 40.3, 52.9, 67.1, and 82.8 percent, respectively, of the difference between the step 2 rates of WS-10 and WS-19; and (3) For grade WS-19, the third rate in effect for General Schedule grade GS 14 at the time of the area wage schedule adjustment. The WS-19 rate shall include any cost of living allowance payable for the area under 5 U.S.C. 5941. (e) The step 2 or payline rate for each grade of a nonappropriated fund supervisory regular wage schedule shall be: (1) For grades NS-1 through NS-8, equal to the rate for step 2 of the corresponding grade of the nonsupervisory regular wage schedule for the area, plus 20 percent of the rate for step 2 of NA-8; (2) For grades NS-9 through NS-15, equal to 120 percent of the rate for step 2 of the corresponding grade of the nonsupervisory regular wage schedule for the area; (3) For grades NS-16 through NS-19, the rates will be 25, 30, 35 and 40 percent, respectively, above the step 2 rate of NA-15; (f) The number of within-grade steps and the differentials between steps for each nonsupervisory grade on a regular wage schedule shall be established in accordance with 5 U.S.C. 5343(e)(1). Each grade on a leader and supervisory regular wage schedule shall have 5 within-grade steps with step 2 set according to paragraphs (c), (d), or (e) of this section, as appropriate, and (1) Step 1 set at 96 percent of the step 2 rate; (2) Step 3 set at 104 percent of the step 2 rate; (3) Step 4 set at 108 percent of the step 2 rate; and (4) Step 5 set at 112 percent of the step 2 rate. [46 FR 21344, Apr. 10, 1981, as amended at 48 FR 13385, Mar. 30, 1983; 49 FR 28347, July 11, 1984; 55 FR 46140, Nov. 1, 1990] $532.205 The use of Federal, State, and local minimum wage requirements in determining prevailing rates. (a) Wage schedules, including special schedules, shall not include any rates of pay less than the higher of: (1) The minimum rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, or (2) The highest State or local minimum wage rate in the local wage area which is applicable to the private industry counterparts of the single larg est Federal industry/occupation in the wage area. (b) Wage data below the minimum wage rates prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, shall not be used in determining prevailing rates. (c) Adjustments to regular wage schedules to comply with the minimum wage rate determined to be applicable under paragraph (a) of this section shall be computed as follows: (1) The step 2 rate of grade 1 of the nonsupervisory wage schedule shall be set at a rate which, upon application of the 4 percent step-rate differential, provides a step 1 rate which is equal to the applicable minimum wage rate. (2) An intergrade differential shall be determined as 5 percent of the rate established as the step 2 rate of grade 1, rounded to the nearest whole cent. This intergrade differential shall be added to the step 2 rate of each grade, beginning with grade 1, to determine the step 2 rate for the succeeding grade until the grade is reached at which the step 2 rate established through the wage survey process equals or exceeds the rate determined under this procedure. Rates of all grades above that point shall be computed in accordance with § 532.221(b) of this subpart. (3) Steps 1, 3, 4, and 5 of each grade adjusted under paragraph (c) of this section shall be set at 96, 104, 108, and 112 percent of the step 2 rate, respectively. (4) The leader and supervisory wage schedule grades corresponding to each nonsupervisory grade adjusted under paragraph (c) of this section shall be constructed in accordance with the procedures of § 532.203 of this subpart, on the basis of the step 2 rates established under this paragraph for the nonsupervisory wage schedule grades. (d) All wage schedule adjustments made under this section shall be effective on the effective date of the applicable minimum wage rate. § 532.207 Time schedule for wage sur veys. (a) Wage surveys shall be conducted on a 2-year cycle at annual intervals. (b) A full-scale survey shall be made in the first year of the 2-year cycle and shall include development of a current |