BOP Program Statement 3430.09 § 16

To be eligible for a within-grade step increase, an employee must meet the requirements

described in 5 CFR 531.404 (General Schedule) or 5 CFR 532.417 (Prevailing Rate System).

One of these requirements is that the employee must demonstrate an acceptable level of

competence in the duties and responsibilities of his/her position. Acceptable level of competence

is determined by the employee’s most current rating of record being an overall rating of

Successful or higher. The rating of record used as the basis of a within-grade increase

determination must have been assigned no earlier than the most recently completed appraisal

period.

If a decision to grant or deny the within-grade increase is inconsistent with the most recent rating

of record, a more current rating of record must be prepared. If the employee’s most recent rating

of record is Successful or higher and the performance has deteriorated below an acceptable level

of competence, a new rating of record must be prepared on which to base the decision to deny

the increase. Similarly, if the most recent rating of record was below Successful and the

performance has improved to an acceptable level of competence, a new rating of record must be

prepared on which to base the decision to grant the increase.

A supervisor who determines that an employee does not or may not demonstrate an acceptable

level of competence will notify the employee in writing at least 60 days before the date on which

the employee will complete the required waiting period for a within-grade increase. At least 15

P3430.09 7/25/2017 15

days prior to the end of the waiting period, the supervisor will tentatively determine whether

withholding the increase is warranted. If the employee fails to demonstrate an acceptable level

of competence, the next higher supervisory level will review the supervisor’s tentative

determination. If both supervisors agree to withhold the increase, the immediate supervisor will

so advise the employee in writing, stating the reasons for withholding the increase and referring

to the advance notice given to the employee.

A General Schedule employee is entitled to request reconsideration of a decision to withhold a

within-grade increase and to present orally and in writing the reasons he/she believes the

decision should be reversed. If the decision is to grant the increase, the employee will be

certified as meeting the acceptable level of competence and the increase will be granted

retroactively as of the end of the waiting period.

General Schedule and Federal Wage System employees may contest a performance rating on

which a negative determination is based under the negotiated grievance procedure contained in

the Master Agreement.