Rules regarding “regularly & frequently” rule for executive officers
Basic Manual Rule BM‐EXEA‐RA3EF Payroll of an executive officer who “regularly and frequently” engages in duties that are ordinarily performed by a superintendent, foreman or worker must be assigned to the governing classification. Thus the officer who is principally engaged in clerical operations and also performs duties of a superintendent, foreman or worker on a regular and frequent basis does not qualify for Code 8810. There are occasions when officers may spend a small portion of their time engaged in operations that are not clerical. The classification procedure under these circumstances is that these officers should not be penalized by having their entire payroll assigned to a non-clerical classification and that Code 8810 may be applicable to their remuneration.
Exceptions uses the phrase “regularly and frequently” to permit a degree of flexibility based on underwriting judgment. This flexibility in classification assignment would be applicable to the officer who does not spend 100% of her time in an office but on the other hand has an “occasional or infrequent” exposure to duties other than clerical. Classification decisions are based on an individual basis based upon the specific conditions prevailing in each situation.