[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR511.703]

[Page 341]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 511_CLASSIFICATION UNDER THE GENERAL SCHEDULE--Table of Contents
 
    Subpart G_Effective Dates of Position Classification Actions or 
                                Decisions
 
Sec. 511.703  Retroactive effective date.

    (a) Applicability. A retroactive effective date may be required only 
if the employee is wrongfully demoted.
    (b) Downgrading. (1) The effective date of a classification 
appellate certificate or agency appellate decision can be retroactive 
only if it corrects a classification action which resulted in a loss of 
grade or pay. In order for the decision to be made retroactive, the 
employee must file the initial request for review with either the agency 
or the Office not later than 15 calendar days after the effective date 
of the reclassification action.
    (2) However, if the appellate decision raises the grade of the 
position above the original grade, retroactivity will apply only to the 
extent of restoration to the original grade.
    (3) The right to a retroactive effective date provided by this 
section is preserved on subsequent appeals from an agency or Office 
classification decision when the subsequent appeal is filed not later 
than 15 calendar days following receipt of written notification of a 
final agency administrative decision or 15 calendar days after the 
effective date of the action taken as a result of the classification 
decision, whichever is later.
    (c) Grade change based on new duties and responsibilities. 
Retroactivity may be based only on duties and responsibilities existing 
at the time of demotion and cannot be based on duties and 
responsibilities assigned later.
    (d) Retroactivity when time limits are extended. The right to a 
retroactive effective date provided by this section may be preserved at 
the discretion of the Office, on a showing by the employee that he or 
she was not notified of the applicable time limit and was not otherwise 
aware of it, or that circumstances beyond his or her control prevented 
filing an appeal within the prescribed time limit.