[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR511.701]

[Page 350-351]
 
                    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. 511.701  Effective dates generally.

    Source: 46 FR 9915, Jan. 30, 1981, unless otherwise noted.


    (a) Agency classification actions. (1) A classification action is a 
determination to establish or change the title, series, grade or pay 
system of a position based on application of published position 
classification standards or guides. This is a position action.
    (i) The effective date of a position action taken by an agency shall 
be the date an official with properly delegated authority approves 
(certifies) the proposed classification. This is accomplished when the 
authorized official(s) signs the allocation of the position.
    (ii) The effective date of a position action may be extended to 
correspond with the effective date of the personnel action when:
    (A) The position is being changed to lower grade or pay; and
    (B) The employee occupying the position is eligible for retained 
grade or pay under 5 U.S.C. 5362-5363.
    (2) A position action is implemented by a personnel action. The 
personnel action must occur within a reasonable period of time following 
the date of the position action.
    (3) If the position action requires a personnel action which will 
result in a loss of grade or pay to the occupant of the position, the 
agency must advise the employee, in writing, of the position action and 
the proposed date of the personnel action. This notice shall be issued 
prior to taking a personnel action.
    (4) Except as provided in Sec. 511.703, classification actions may 
not be made retroactive.
    (b) Office of Personnel Management's classification decision. (1) 
The effective date of a classification decision made by means of a 
certificate issued under the authority of section 5110, title 5, United 
States Code is not earlier than the date of the certificate, and not 
later than the beginning of the fourth pay period following the date of 
the certificate, unless a subsequent date is specifically stated in the 
certificate. Except as otherwise provided by this paragraph the filing 
of an appeal of such a certificate does not delay its effective date.
    (2) The implementation of the certificate may be suspended when it 
is determined before its effective date that a review of the 
classification decision is warranted and suspension is desirable. The 
determination to suspend implementation may be made by:
    (i) A regional director, or a designee, when the decision is made by 
the regional office; or,
    (ii) The Assistant Director, Agency Compliance and Evaluation, or a 
designee, when the decision is made within the central office or by a 
region, or
    (iii) The Director with respect to any classification decision.

Suspending the implementation of a certificate does not automatically 
change the effective date except when the certificate requires that the 
grade or pay of the position be reduced and the employee is not entitled 
to retained grade or pay.
    (3) When the original decision requires that the grade or pay of the 
position be reduced and the employee is not entitled to retained grade 
or pay the reviewing authority shall issue a new certificate if it 
sustains the original decision. Since demotions cannot be made 
retroactive, the effective date of the new certificate shall be not 
earlier than the date of the certificate, and not later than the 
beginning of the

[[Page 351]]

fourth pay period after the date of the certificate unless a subsequent 
date is specifically stated in the certificate.

[46 FR 9915, Jan. 30, 1981, as amended at 58 FR 65534, Dec. 15, 1993]