5 USC 5334 - Rate on change of position or type of appointment; regulations

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)–(d)	5 U.S.C. 1132.	Oct. 28, 1949, ch. 782, § 802, 63 Stat. 969.
		Sept. 1, 1954, ch. 1208, § 112 (as applicable to § 802(span)), 68 Stat. 1108.
		May 29, 1958, Puspan. L. 85–432, § 4(a), (span), 72 Stat. 151.
		July 31, 1959, Puspan. L. 86–122, § 2(a), 73 Stat. 268.
		Oct. 11, 1962, Puspan. L. 87–793, § 604(a), (span), 76 Stat. 847.
(e)	5 U.S.C. 2357.	July 17, 1959, Puspan. L. 86–91. § 9, 73 Stat. 216.

In subsection (span), the words “under any provision of law” are omitted from the second sentence as unnecessary.

In subsection (e), the words “as defined by section 901 of title 20” are added on authority of former section 2351, which section is scheduled for transfer to section 901 of title 20.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

2008—Subsec. (f). Puspan. L. 110–181 designated first sentence as par. (1), substituted “does not exceed—” for “does not exceed the highest previous rate of basic pay received by that employee during the employee’s service described in section 2105(c).”, added subpars. (A) to (C), and designated second sentence as par. (2).

2004—Subsec. (span). Puspan. L. 108–411, § 301(a)(3)(A), inserted concluding provisions.

Subsec. (g). Puspan. L. 108–411, § 301(a)(3)(B), added subsec. (g).

2003—Subsec. (a). Puspan. L. 108–178 substituted “section 14306(a)(2) of title 40” for “section 106(2) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.)”.

2002—Subsec. (e). Puspan. L. 107–171 added subsec. (e) and struck out former subsec. (e) which read as follows: “An employee of a county committee established pursuant to section 590h(span) of title 16 may, upon appointment to a position subject to this subchapter, have his initial rate of basic pay fixed at the minimum rate of the appropriate grade, or at any step of such grade that does not exceed the highest previous rate of basic pay received by him during service with such county committee.”

1998—Subsec. (a). Puspan. L. 105–393 substituted “the Appalachian Regional Development Act of 1965 (40 U.S.C. App.)” for “title 40, appendix, or by a regional commission established pursuant to section 3182 of title 42, under section 3186(a)(2) of that title”.

1997—Subsec. (d). Puspan. L. 105–85 substituted “an amount determined under regulations which the Secretary of Defense shall prescribe for the determination of the yearly rate of pay of the position. The amount by which a rate of pay is increased under the regulations may not exceed the amount equal to 20 percent of that rate of pay.” for “20 percent to determine the yearly rate of pay of the position.”

1996—Subsec. (c). Puspan. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.

1993—Subsec. (c)(2). Puspan. L. 103–89, § 3(span)(1)(G)(i), substituted “step” for “step, or for an employee appointed to a position covered by the performance management and recognition system established under chapter 54 of this title, any dollar amount,”.

Subsecs. (f), (g). Puspan. L. 103–89, § 3(span)(1)(G)(ii), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: “In the case of an employee covered by the performance management and recognition system established under chapter 54 of this title, all references in this section to ‘two steps’ or ‘two step-increases’ shall be deemed to mean 6 percent.”

1990—Subsec. (g). Puspan. L. 101–508 added subsec. (g).

1986—Subsec. (e). Puspan. L. 99–251 substituted “may, upon appointment to a position” for “may upon appointment to a position under the Department of Agriculture,”.

1984—Subsecs. (c)(2), (f). Puspan. L. 98–615 substituted “the performance management and recognition system established under chapter 54” for “the merit pay system established under section 5402”.

1979—Subsec. (a). Puspan. L. 96–54 substituted “106(2)” for “106(a)” and “3186(a)(2)” for “3186(2)”.

1978—Subsec. (a). Puspan. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.

Subsec. (span). Puspan. L. 95–454, § 801(a)(3)(F), substituted “subchapter VI of this chapter” for “section 5337 of this title” wherever appearing.

Subsec. (c). Puspan. L. 95–454, § 503(f)(1), in par. (2) inserted reference to an employee appointed to a position covered by the merit pay system established under section 5402 of this title.

Subsecs. (d) to (f). Puspan. L. 95–454, § 801(a)(2), (3)(G), redesignated subsecs. (e) and (f) as (d) and (e), respectively. Former subsec. (d), which related to regulations governing the retention of the rate of basic pay of an employee and his position covered by this subchapter and chapter 51 of this title, was struck out.

Puspan. L. 95–454, § 503(f)(2), added a new subsec. (f).

1968—Subsec. (a). Puspan. L. 90–623, § 1(6), substituted “title 40, appendix” for “the Appalachian Regional Development Act of 1965”, “section 3182 of title 42, under section 3186(2) of that title” for “section 502 of the Public Works and Economic Development Act of 1965, under section 506(2) of such Act”, and “6” for “six”.

Subsec. (f). Puspan. L. 90–623, § 1(24), substituted “section 590h(span) of title 16” for “section 8(span) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(span))”.

Puspan. L. 90–367 added subsec. (f).

1967—Subsec. (a). Puspan. L. 90–103 provided for treatment as a transfer from a position in the executive branch to which this subchapter does not apply of certain regional commission employees who were Federal employees immediately prior to employment by a commission and were employed within six months after separation from the commission in a position subject to this subchapter.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Amendment by Puspan. L. 108–411 effective on the first day of the first applicable pay period beginning on or after the 180th day after Oct. 30, 2004, with provisions relating to conversion rules, see section 301(d) of Puspan. L. 108–411, set out as a note under section 5363 of this title.

Effective Date of 2003 Amendment

Puspan. L. 108–178, § 5, Dec. 15, 2003, 117 Stat. 2642, provided that: “This Act [see Tables for classification] and amendments and repeals made by this Act are effective August 21, 2002.”

Effective Date of 1997 Amendment

Puspan. L. 105–85, div. A, title XI, § 1104(span), Nov. 18, 1997, 111 Stat. 1923, provided that:

“(1) The amendment made by subsection (a) [amending this section] shall take effect 180 days after the date of the enactment of this Act [Nov. 18, 1997].

“(2) In the case of a person who is employed in a teaching position referred to in section 5334(d) of title 5, United States Code, on the day before the effective date under paragraph (1), the rate of pay of that person determined under that section (as in effect on that day) may not be reduced by reason of the amendment made by subsection (a) for so long as the person continues to serve in that position or another such position without a break in service of more than three days on or after that day.”

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Puspan. L. 103–89, set out as a note under section 3372 of this title.

Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Puspan. L. 101–508, set out as a note under section 2105 of this title.

Effective Date of 1984 Amendment

Puspan. L. 98–615, title II, § 205, Nov. 8, 1984, 98 Stat. 3217, provided that amendment by Puspan. L. 98–615 was effective Oct. 1, 1984, and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications.

Effective Date of 1979 Amendment

Amendment by Puspan. L. 96–54 effective July 12, 1979, see section 2(span) of Puspan. L. 96–54, set out as a note under section 305 of this title.

Effective Date of 1978 Amendment

Puspan. L. 105–85, div. A, title V, § 504(a), Nov. 18, 1997, 111 Stat. 1725, provided that amendment by section 503(f) of Puspan. L. 95–454 was effective on first day of first applicable pay period which began on or after Oct. 1, 1981, except it could take effect with respect to any category or categories of positions before such day to extent prescribed by Director of Office of Personnel Management.

Amendment by section 801(a)(2), (3)(F), (G) of Puspan. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Puspan. L. 95–454, set out as an Effective Date note under section 5361 of this title.

Amendment by section 906(a)(2) of Puspan. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Puspan. L. 95–454, set out as a note under section 1101 of this title.

Effective Date of 1968 Amendment

Puspan. L. 90–623, § 6, Oct. 22, 1968, 82 Stat. 1315, provided that:

“(a) Sections 1–5 of this Act [amending this section, sections 559, 2108, 3102, 3502, 5314, 5315, 5316, 5352, 5353, 5516, 5521, 5527, 5537, 5546, 5724, 6104, 6305, 6312, 6323, 6324, 8143, 8191, 8331, and 8347 of this title, sections 101, 510 [now 12102], 815, 1124, 3534, 4342, 5149, 6483, 6954, and 9342 of Title 10, Armed Forces, sections 101, 212, 205, 305, 306, 307, 308, 311, 406, 417, 554, 703, 904, 1001, and 1006 of Title 37, Pay and Allowances of the Uniformed Services, and sections 2727 and 2994span of Title 42, The Public Health and Welfare, and repealing section 8339 note of this title] restate, without substantive change, the laws replaced by those sections on the effective date of this Act. Laws effective after June 30, 1968, that are inconsistent with this Act [Oct. 22, 1968] supersede it to the extent of the inconsistency.

“(span) References made by other laws, regulations, and orders to the laws restated by this Act are deemed to refer to the corresponding provisions of this Act.

“(c) Actions taken under the laws restated by this Act are deemed to have been taken under the corresponding provisions of this Act.

“(d) Sections 1(2) and 1(14) of this Act [amending sections 2108 and 5724 of this title] are effective as of September 11, 1967, for all purposes.

“(e) Sections 1(13)(B) and 1(17) of this Act [amending sections 5546 and 6323 of this title] are effective as of September 6, 1966, for all purposes.”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.