Browsing: NSPS

Q & A Session – NSPS to GS Conversion Promotion Opportunities

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Prior to the conversion to NSPS, I was a GS-12 and during my time as an NSPS employee I was grade YC-02. However, when I was converted back to GS I was returned to my prior GS-12 grade but my pay had reached GS-14, step 4. What grades am I eligible to apply for? A: The answer to this question depends on what the vacancy announcement requires and the level…

Q & A Session – NSPS Conversion to Lower Grade

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was formerly a GS-13 and then served under NSPS. However, I have converted back to the General Schedule retaining the same job and duties, but am now a GS-12. Is this correct? What are my options? A: According to 5 C.F.R. § 9901.372(d)(1)(v), “an employee’s virtual GS grade may not be less than the permanently assigned GS grade the employee held upon conversion into NSPS (for an employee who…

Q & A Session – NSPS Conversion to GS Misclassification

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: To took a promotion to the GS system out of the NSPS system. I was assigned step 1, which is not where I would have been if I had remained GS throughout my career. This affects my CSRS “high three” computation, as well as my final years of federal service. The Merit Systems Protection Board said they had no jurisdiction in 2008 and the Office of Special Counsel concurred. What…

Q & A Session – NSPS Salary Increase Restriction

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Is DoD’s action to restrict certain employees from receiving a NSPS salary increase consistent with merit system principles? A: With the salary freeze, it is a tough time for all federal employees, particularly those in pay for performance systems. My understanding is that so long as you don’t lose pay the NSPS conversion is at the discretion of DoD. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.…

Q & A Session – Qualified for GS-14 Position?

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was under NSPS and have been converted back to the General Schedule as a GS-12. I am receiving retained pay because under NSPS I was the equivalent of a GS-13. I would like to apply for a newly created GS-14 position. I have been certified as fully qualified, but want to know if there is a basis to appeal the decision? A: Your question is unclear. Were you denied…

Q & A Session – Base Pay Reduction

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: During the NSPS to GS conversion in June 2010, my base pay was reduced 10%. The reduction in base pay was not administrative or voluntary. Is this legal? A: If your base salary was reduced, you may have an MSPB appeal right. You might consider consulting an attorney or filing an MSPB appeal on your own to raise the issue. Non-probationary employees who have their base pay reduced are entitled…

Q & A Session – Temporary Promotion

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I moved from a nonsupervisory position to a supervisory position for about 10 months and then was returned to my original assigned position after my request. I have asked for temporary promotion pay. Should my agency pay compensation for the detail to a higher graded position? A: Because you served in a higher pay band on your detail and that would equate to a temporary promotion, it appears that your…

Q&A Session – NSPS Pay Retention

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: With the transition back to the General Schedule (GS) from the National Security Personnel System (NSPS), can they lower the grade level or pay of the employee? A: The conversion from NSPS back to the General Schedule has caused a great deal of confusion. Employees are supposed to be moved from their NSPS designation to a GS position with the equivalent duties and responsibilities. An employee is not supposed to…

Q&A Session: NSPS Transition and Pay

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was reassigned to NSPS (the National Security Personnel System at the Department of Defense) from a GS-7 position. On the conversion back from NSPS to the General Schedule (GS), I am now a GS-9, step 1. If NSPS had never been established, I would have been a GS-9, step 2 by now and receiving that compensation level. The 2010 National Defense Authorization Act, which repealed NSPS, states that employees…