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Federal Register / Vol. 64, No. 5 / Friday, January 8, 1999 / Notices

set at any point within the broadband level to which appointed, except that the new salary will not exceed the employee's current salary or the maximum salary of the broadband level to which assigned, whichever is lower.

(d) Involuntary Change to Lower Broadband Level Without Reduction in Pay Due to Contribution-based Action.  Due to inadequate contribution, an employee’s salary may fall below the minimum rate of basic pay for the broadband level to which he/she is assigned.  When an employee is changed to a lower broadband level due to such a situation, this movement is not considered an adverse action.

(e) Involuntary Reduction in Pay, to Include Change to Lower Broadband Level and/or Change in Career Path Due to Adverse Action.  An employee may receive a reduction in pay within his/her existing broadband level and career path; be changed to a lower broadband level; and/or be moved to a new position in a different career path due to an adverse action.  In these situations, the employee’s salary will be reduced by at least 6 percent, but will be set no lower than the minimum salary of the broadband level to which assigned.  Employees placed into a lower broadband due to adverse action are not entitled to pay retention.

(f) Reduction-in-Force (RIF) Action (including employees who are offered and accept a vacancy at a lower broadband level or in a different career path).  The employee is entitled to pay retention if all title 5 conditions are met.

(g) Return to Limited or Light Duty from a Disability as a Result of Occupational Injury to a Position in a Lower Broadband Level or to a Career Path with Lower Salary Potential than Held Prior to the Injury.  The employee is entitled indefinitely to the salary held prior to the injury and will receive full general and locality pay increases.

2.  Contribution-based Reduction-in-Pay or Removal Actions

CCAS is a contribution-based appraisal system that goes beyond a performance-based rating system.  Contribution is measured against six critical factors corresponding to the three career paths, each having multiple levels of increasing contribution.  (For the purposes of this section, critical factors are synonymous with critical elements as referenced in 5 U.S.C. Chapter 43.)  This section applies to reduction in pay or removal of demonstration project employees based solely on inadequate contribution.  Inadequate contribution in any one factor at any time during the appraisal period is considered grounds for initiation of reduction-in-pay or removal action.  The following procedures replace those established in 5 U.S.C. 4303 pertaining to reductions in grade or removal for unacceptable performance except with respect to appeals of such actions.  5 U.S.C. 4303(e) provides the statutory authority for appeals of contribution-based actions.  As is currently the situation for performance-based actions taken under 5 U.S.C. 4303, contribution-based actions shall be sustained if the decision is supported by substantial evidence and the Merit Systems Protection Board shall not have mitigation authority with respect to such actions.  The separate statutory authority to take contribution-based actions under 5 U.S.C. 75, as modified in the waiver section of this notice (section IX), remains unchanged by these procedures.

When an employee’s contribution in any factor is at or less than the mid-point of the next lower broadband level (or a factor score of zero for broadband level I employees), the employee is considered to be contributing inadequately.  In this case, the supervisor must inform the employee, in writing, that unless the contribution increases to a score above the midpoint of this next lower broadband level (thereby meeting the standards for adequate contribution) and is sustained at this level, the employee may be reduced in pay or removed.  For broadband level I employees, a factor score that increases to and is sustained above zero is determined to be adequate.

This written notification will include a contribution improvement plan (CIP) which outlines specific areas in which the employee is inadequately contributing.  Additionally, the CIP must include standards for adequate contribution, actions required of the employee, and the time in which they must be accomplished, to increase and sustain the employee’s contribution at an adequate level.

Additionally, when an employee’s contribution plots in the area above the upper rail of the normal pay range, the employee is considered to be contributing inadequately.  In this case, the supervisor has two options.  The first is to take no action but to document this decision in a memorandum for the record.  

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