Chapter 23 - Classification and Pay
In keeping with the objectives of the American Samoa Code Annotated, the Executive Director shall develop and maintain an agency-wide classification and pay system based on objective, consistent, and timely classification of all positions within the agency and shall apply reasonable and consistent assignment of positions to pay grades so as to compensate employees in equitable relationships to each other and to contribute to the attraction and retention of employees. The system so established or any portion thereof may be ex tended to noncivil service positions as required by law or for the good of the agency.
(a) ASPA shall maintain current position descriptions covering each career service position authorized in the agency. Each supervisor is responsible for reviewing the descriptions once each year for accuracy. Descriptions for all ASPA positions are included in Section III of this manual,
(b) When duties of positions change, the supervisor must prepare a new position description to reflect the change. ASPA will use the applicable ASG form.
(c) One copy of each position description shall be furnished to the Executive Director and to the Office of Manpower Resources.
The classification and compensation plan of the agency shall provide for two separate segments:
(a) The general schedule (GS) which applies to the "white collar" positions and which is based on "equal pay for substantially equal work."
(b) The wage grade schedule (WG), which applies to all "blue collar" jobs and which is also based on "equal pay for substantially equal work ".
The Executive Director shall develop and maintain a position classification system which shall provide for the placement of each position into an appropriate class. This includes:
(1) The establishment of written class specifications which describe each of the various classes within the classification plan in terms of the nature, variety, and level of duties and responsibilities, and the minimum qualifications required to perform adequately;
(2) The establishment, revision, or abolition of classes in order to maintain the plan on a current basis;
(3) The establishment of official class titles;
(4) The changing of any position from one class to another class whenever warranted by significant change in position duties and responsibilities or class definition, or to correct an error;
(5) The auditing of positions in order to ascertain that current positions are correctly classified.
(a) The effective date of an initial classification action shall be the date action is officially taken to classify the position.
(b) The effective date of any subsequent classification action shall be the beginning of the pay period immediately following the date of notice of action, except that the date may be adjusted by the Executive Director in the event an incumbent fails to meet the qualification of the class, for budgetary reasons, or for other good cause.
(c) The effective date of a classification action when a classification and/or compensation survey is initialed by the Executive Director shall be the date action is officially taken, or such other date as the Executive Director deems practicable.
An administrative review may be requested by an employee or designated representative or by the department head within 10 days after the effective date of the classification or reclassification action.
(a) The request for administrative review must be in writing and shall contain the specific reason(s) for disagreement with the classification action of the Executive Director, and shall state the action requested and the reason the requested action is deemed more appropriate.
(b) A request for administrative review must be received no later than ten days from the date of the notice of classification.
(c) The Executive Director shall take appropriate action to review the classification and
shall notify the department of the final decision.
(a) The white collar pay schedule shall be known as the general pay schedule and shall be as follows (effective January 7, 1980: revised July 1, 1981):
GRADE 1 2 3 4 5 6 7 8 9 10
GS-18 30,684 31,984 33,284
GS-17 26,916 28,086 29,256 30,426 31,596 32,766
GS-16 23,405 24,575 25,745 26,915 28,085 29,255 30,425 31,595
GS-15 20,177 21,217 22,257 23,297 24,337 25,377 26,417 27,457 28,497 29,537
GS-14 17,245 18,155 19,065 19,975 20,885 21,795 22,705 23,615 24,525 25,435
GS-13 14,739 15,519 16,299 17,079 17,859 18,639 19,419 20,199 20,979 21,759
GS-12 12,597 13,247 13,897 14,457 15,197 15,847 16,497 17,147 17,797 18,447
GS-11 10,767 11,417 12,067 12,717 13,367 14,017 14,667 15,377 15,967 16,617
GS-10 8,282 9,802 10,322 10,842 11,362 11,882 12,402 12,922 13,441 13,962
GS-09 8,071 8,591 9,111 9,631 10,151 10,671 11,191 11,711 12,231 12,751
GS-08 7,018 7,538 8,058 8,578 9,098 9,618 10,138 10,658 11,178 11,698
GS-07 6,156 6,546 6,936 7,326 7, 716 8,106 8,496 8,886 9,276 9,666
GS-06 5,400 5,790 6,180 6,570 6,960 7,350 7,740 8,130 8,520 8,910
GS-05 4,779 5,169 5,559 5,949 6,339 6,729 7,119 7,509 7,899 8,289
GS-04 4,267 4,527 4,787 5,047 5,307 5,567 5,827 6,087 6,347 6,607
GS-03 3,827 4,087 4,347 4,607 4,867 5,127 5,387 5,647 5,907 6,167
GS-02 3,708 3,968 4,228 4,488 4, 748 5,008 5,268 5,528 5,788
GS-01 3,640 3,900 4,160 4,420 4,680 4,940 5,200 5,460
(b) The blue collar pay schedule shall be known as the wage grade schedule and shall be as follows (effective October 19, 1978; revised July 1,1981):
GRADE/WG 1 2 3 4 5 6 7 8 9 10 11 12
20 6.10 6.41 6.73 7.07 7.42 7.79 8.18 8.59 9.02 9.47 9.94 l0.44
19 5.75 6.04 6.34 6.66 6.99 7.34 7.71 8.10 8.51 8.94 9.39 9.86
18 5.40 5.67 5.95 6.25 6.56 6.89 7.23 7.59 7.97 8.37 8.79 9.23
17 5.05 5.30 5.57 5.85 6.14 6.45 6.77 7.11 7.47 7.84 8.23 8.64
16 4.70 4.94 5.19 5.45 5.72 6.01 6.31 6.63 6.96 7.31 7.68 8.06
15 4.40 4.62 4.85 5.09 5.34 5.61 5.89 6.18 6.49 6.81 7.15 7.51
14 4.10 4.31 4.53 4.76 5.00 5.25 5.51 5.79 6.08 6.38 6.70 7.04
13 3.80 3.99 4.19 4.40 4.62 4.85 5.09 5.34 5.61 5.89 6.18 6.49
12 3.50 3.68 3.86 4.05 4.25 4.46 4.68 4.91 5.16 5.42 5.69 5.97
11 3.25 3.41 3.58 3.76 3.95 4.15 4.36 4.58 4.81 5.05 5.30 5.57
10 3.00 3.15 3.31 3.48 3.65 3.83 4.02 4.22 4.43 4.65 4.88 5.12
9 2.75 2.89 3.03 3.18 3.34 3.51 3.69 3.87 4.06 4.26 4.47 4.69
8 2.50 2.63 2.76 2.90 3.05 3.20 3.36 3.53 3.71 3.90 4.10
7 2.30 2.42 2.54 2.67 2.80 2.94 3.09 3.24 3.40 3.57 3.75 3.94
6 2.10 2.21 2.32 2.44 2.56 2.69 2.82 2.96 3.11 3.27 3.43 3.60
5 2.00 2.10 2.21 2.32 2.44 2.56 2.69 2.82 2.96 3.11 3.27
4 1.88 1.97 2.07 2.17 2.28 2.39 2.51 2.64 2.77 2.9l
3 1.80 1.85 1.94 2.04 2.14 2.25 2.36 2.48 2.60 2.73
2 1.74 1.83 1.92 2.02 2.12 2.23 2.34 2.46 2.58
1 1.70 1.79 1.88 1.97 2.07 2.17 2.28 2.39
Pay schedule placement.
(a) Initial Appointment.
(1) All initial appointments shall be made at the first step of the appropriate pay range of each of the two salary schedules except that, in the event that recruitment of an employee is not practicable at the first step, the Executive Director may, after appropriate notice and advertising, recruit at any step within the pay range which will attract qualified candidates.
(2) Requests for payment above the minimum may be made by department heads prior to or at the time of appointment but in any event must be made no later than 60 days after the appointment date. Requests received after date of appointment, if granted, will not be granted retroactively.
(b) Reassignment. An employee who is reassigned shall receive the same rate of compensation as he or she presently receives, except that in case of a reassignment from one salary schedule to another salary schedule, the pay rates governing initial appointment shall apply. (c) Reinstatement.
(1) When an employee is reinstated within a year of separation from ASPA or government service, he or she may be paid at any rate within the pay range which does not exceed his or her highest previous rate of pay, provided that where such rate falls between two steps of the grade to which reinstated, he or she may be paid at the higher step.
(2) The rules governing initial appointment shall apply only when an employee eligible for reinstatement has been separated for at least one year from ASPA or government service.
(d) Returning Veteran. An employee who meets the requirements for reemployment as specified in the Veteran's Preference Act of 1944, as amended, and who is reemployed in his or her former position, shall have his or her rate of pay set at the step he or she would have received and his or her service with ASPA or the government continued. If reemployed in a different position, the pay rule governing initial appointment shall apply.
(a) Every employee is entitled to an annual step-increment increase at the beginning of the pay period immediately following his or her service year preceding such increase.
(b) A service year is 52 weeks of continuous service in his or her present grade and step, which shall include credit for leave without pay:
(1) To pursue a course of instruction approved by the Executive Director which is related to the employee's area of work;
(2) To recuperate from an injury for which workers' compensation weekly payments are made;
(3) For military service when so provided by territorial or federal law; and
(4) For any other authorized purpose but for no more than 10 workdays.
(c) The compensation for an employee, denied an increment because of substandard performance in his or her job in the service year preceding, may subsequently be increased as of the date his or her performance has been brought up to standard and has so continued for a 3-month period. His or her increment anniversary date will be adjusted accordingly.
(d) Ninety days prior to each employee's step-increment due date, a notice will be sent to the employee, his or her department head, and immediate supervisor. This notice will call for the submission of an annual employee performance evaluation, which must be completed and returned to the Executive Director and the Office of Manpower Resources for record keeping. ASPA will use the Government of American Samoa Employee Performance Evaluation Form.
(1) If the performance evaluation is satisfactory or better, the employee will receive a step-increment.
(2) If the performance evaluation is unsatisfactory, a written note must be submitted to the Office of Manpower Resources 60 days prior to the date the increment is due. Payroll will be notified not to effect the increment.
(3) If no performance evaluation is received, no increment will be processed.
(e) When the date of promotion and the periodic step-increment date coincide, the periodic increment shall be made prior to the promotional increase.
(a) Applicability. This section applies to all career service employees and certain contract employees whose contracts permit overtime or compensatory time, with the exception of employees in second or third jobs.
(b) General Provisions.
(1) Every employee is entitled to receive cash payor time off in lieu of cash for overtime work, as provided in these regulations.
(2) Each workweek shall stand alone; "averaging" of hours over 2 or more weeks is not permitted.
(3) Workweeks shall be 40 hours in a fixed and regularly recurring period of 168 hours, in 7 consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day. Once the beginning time of any employee's workweek is established, it shall remain fixed until changed. A change intended or designed to evade the overtime requirement is prohibited.
(4) Overtime compensation policies shall not be waived by any agreement between a supervisor and an employee.
(5) Overtime must be requested and approved in advance. Overtime authorization requests are prepared by the department supervisor and must be approved by the Executive Director.
(c) Cash Pay for Overtime. Employees in grades GS I-II and WB 1-16 are eligible to be compensated in cash for overtime at the rate of 1-½ times their regular rate of pay for all hours worked in excess of 8 per day or 40 per week. The Executive Director may authorize compensatory leave in lieu of cash, upon mutual agreement with the employee. This leave will be authorized at the rate of 1-½ hours of leave per overtime hour worked.
(d) Higher Grades. Employees in grades GS 12 and WB 17 or above, or whose grade is XX are not eligible for cash pay for overtime work. They may be compensated for work beyond 8 hours per day or 40 hours per week on an hour-for-hour basis.
(e) Hours Worked. "Hours worked", in general, includes all the time an employee is required to be on duty or on the government premises or at a prescribed workplace and all time during which he or she is "suffered or permitted to work".
(f)Training and Meetings. Attendance at lectures, meetings, training programs, and similar activities will not be counted as hours worked beyond the scheduled workday or workweek. If attendance is outside the employee's regular working hours and is required by the Executive Director, overtime or compensatory time may be awarded if otherwise applicable.
(g) Semiannual Payoff. Compensatory time earned should be taken within 60 days of the pay period in which it was earned. Departments are responsible for monitoring the accumulation of compensatory time. Any balance of compensatory time in excess of 120 hours will be paid to the employee at his or her regular time rate during the last pay period of June and December of each year.
(h) Separation. Employees leaving ASPA employment shall be compensated in cash for accumulated, documented overtime by the agency.
(i) In the event of death of an employee, his or her accumulated overtime shall be paid to appropriate persons provided by these regulations.
(j) Records. ASPA is responsible for keeping appropriate records of hours worked and leave earned, used, accrued, etc. of its employees.
(a) It is recognized that some positions at times involve intrinsically hazardous working conditions, justifying "hazard pay". "Hazard pay" is pay additional to the normal hourly pay for the position, payable to employees while actually engaged in the hazardous activities. Upon the recommendation of a department head, the Executive Director may grant hazard pay differentials to employees who are temporarily exposed to unusually hazardous working conditions and where the following conditions are met:
(1) The exposure of unusually hazardous working conditions is temporary;
(2) The degree of hazard is severe, or most severe.
(b) Hazard pay has been follows:
(1) Utility linemen working on utility poles 45 feet high or higher, $0.50 per hour of time on such poles;
(2) Utility linemen working "hot" lines, regardless of heigh t, $0.75 per hour of time on "hot" lines;
(3) Utility linemen are entitled to receive pay for both high-pole and "hot" line work for each hour of work under such conditions;
(4) In computing hours spent at work calling for "hazard pay", fractional hours shall accrue in quarter-hour segments.
(a) Each department which has responsibilities requiring work around the clock will set up 3 shifts; the normal morning to afternoon is known as the "day shift"; the shift beginning in the afternoon into the evening is known as the "swing shift"; and the late night to morning shift is known as the "graveyard shift".
(b) Employees regularly scheduled to the "swing shift" receive an additional $.15 per hour for each hour of work on that shift.
(c) Employees regularly scheduled to the "graveyard shift" receive an additional $.25 per hour for each hour worked on that shift.
(d) The shift differential is given only when the employee actually works on either the swing shift or the graveyard shift. If, for any reason, an employee assigned to either the swing or graveyard shift fails to work that shift, taking either annual or sick leave, he or she does not receive the extra $.15 or $.25 for that shift.
(e) On the other hand, if an employee employed on any shift is forced to work 2 shifts in one day, the employee should not receive the extra shift differential but must be paid the overtime of time and a half. For example,
(1) an employee, regularly scheduled to work the day shift who is required to continue work on the swing shift because of the absence of the regularly scheduled swing shift employee, is entitled to 1-½ times his or her regular day shift pay.
(2) An employee regularly scheduled to work the swing shift who is forced to continue to work on the graveyard shift because an employee failed to show up, is entitled to 1-½ times his or her swing shift rate.
(3) An employee, regularly scheduled to work the graveyard shift who continues to work the day shift because an employee failed to show up is entitled to 1-½ times his or her graveyard shift rate.