Section 99.21. Reassignments and transfers authorized

(a) An employee may be:

(1) Reassigned in the same appointing authority from one position to another in the same class or in a similar class for which the employee qualifies.

(2) Transferred from one position to another position in the same class or in a similar class under a different appointing authority.

(b) A similar class means one:

(1) Having the same maximum salary rate in the compensation plan.

(2) Involving essentially the same or lower level duties and responsibilities.

(3) Requiring essentially the same or lower level minimum qualifications.

(4) Calling for essentially the same or lower level knowledges, skills, and abilities.

The provisions of this § 99.21 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5334. Immediately preceding text appears at serial page (140012).

Notation

Notes of Decisions

The reassignment of two Office of Budget employees at the same time of the furlough of two other Office of Budget employees created a ‘‘vacancy,’’ because a ‘‘vacancy’’ existed under the Civil Service Commission regulations when the reassigned employees would no longer function as assistant comptrollers in their new positions, thus creating a vacancy simultaneous with the furlough action. Roetenberg v. Office of Budget, 550 A.2d 825 (Pa. Cmwlth. 1988).

Pursuant to 4 Pa. Code § 99.21 an appointing authority may reassign employees within the same or similar class without reason or just cause. Carr v. Department of Public Welfare, 456 A.2d 240 (Pa. Cmwlth. 1983).