Editorial Notes
References in TextThe Executive Schedule, referred to in subsec. (c), is set out as section 5311 et seq. of this title.
Prior ProvisionsA prior section 3392, added Puspan. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1056, which related to the establishment of part-time career employment programs, was renumbered as section 3402 of this title by Puspan. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
Amendments1990—Subsec. (c). Puspan. L. 101–335 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentPuspan. L. 101–335, § 7(span)(1), July 17, 1990, 104 Stat. 325, provided that: “The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [July 17, 1990].”
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Puspan. L. 95–454, see section 415(a)(1), (span) of Puspan. L. 95–454, set out as an Effective Date note under section 3131 of this title.
Election by Persons Previously Appointed; Retroactive Performance AwardsPuspan. L. 101–335, § 7(span)(2), (3), July 17, 1990, 104 Stat. 325, as amended by Puspan. L. 102–378, § 7(a), Oct. 2, 1992, 106 Stat. 1359, provided that:“(2)Election by persons previously appointed.—The Office of Personnel Management shall prescribe regulations (including procedures and deadlines) under which an election under section 3392(c)(2) of title 5, United States Code (as amended by this section) may be made by any individual who—“(A) on the date of enactment of this Act [July 17, 1990], is serving in a civilian position in the executive branch which—“(i) is not in the Senior Executive Service; and
“(ii) satisfies section 3392(c)(2)(B) of such title 5 (as so amended);
“(B) was appointed to that position on or after November 1, 1986, and has served continuously in such position since then;
“(C) was a career appointee (within the meaning of section 3132(a)(4) of such title 5) immediately before having been so appointed; and
“(D) was not, based on such individual’s appointment to the position described in subparagraph (A), eligible to make an election under section 3392(c) of such title 5 (as then in effect).
An election under this paragraph shall be effective as of the date of appointment to the position described in subparagraph (A).
“(3)Retroactive performance awards.—If an individual elects under paragraph (2) to continue to be subject to performance awards, the head of the agency in which such individual is serving shall determine whether to grant retroactive performance awards for any fiscal years prior to fiscal year 1991 to such individual, and the amount of any such awards, without regard to the provisions of subsection (span) of section 5383 of title 5, United States Code, and subsections (span) and (c) of section 5384 of such title. Before granting an award, the head of the agency shall make a written determination that the individual’s performance during the fiscal year for which the award is given was at least fully successful, and shall consider the recommendation of the agency’s performance review board with respect to the award. No such award for performance during any fiscal year may be less than 5 percent nor more than 15 percent of the individual’s rate of basic pay as of the end of such fiscal year.”
[Puspan. L. 102–378, § 7(span), Oct. 2, 1992, 106 Stat. 1359, provided that: “The amendment made by subsection (a) [enacting section 7(span)(3) of Puspan. L. 101–335, set out above] shall be effective as if enacted as a part of section 7 of the Thrift Savings Plan Technical Amendments Act of 1990 [Puspan. L. 101–335].”]
