Editorial Notes
References in TextThe General Schedule, referred to in subsec. (span), is set out under section 5332 of this title.
Levels II and III of the Executive Schedule, referred to in subsec. (span), are set out in sections 5313 and 5314 of this title, respectively.
Amendments2008—Subsec. (span)(1)(B). Puspan. L. 110–372, § 2(span)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “not greater than the rate of basic pay payable for level IV of the Executive Schedule.”.
Subsec. (span)(3), (4). Puspan. L. 110–372, § 2(span)(2), added pars. (3) and (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentPuspan. L. 110–372, § 2(d), Oct. 8, 2008, 122 Stat. 4044, provided that:“(1)Effective date.—The amendments made by this section [amending this section and sections 3104, 3324, 3325, 5108 and 5304 of this title] shall take effect on the first day of the first pay period beginning on or after the 180th day following the date of enactment of this Act [Oct. 8, 2008].
“(2)No reductions in rates of pay.—“(A)In general.—The amendments made by this section may not result, at the time such amendments take effect, in a reduction in the rate of basic pay for an individual holding a position to which section 5376 of title 5, United States Code, applies.
“(B)Determination of rate of pay.—For the purposes of subparagraph (A), the rate of basic pay for an individual described in that subparagraph shall be deemed to be the rate of basic pay set for the individual under section 5376 of title 5, United States Code, plus any applicable locality pay paid to that individual on the day before the effective date under paragraph (1), subject to regulations that the Director of the Office of Personnel Management may prescribe.
“(3)References to maximum rates.—Except as otherwise provided by law, any reference in a provision of law to the maximum rate under section 5376 of title 5, United States Code—“(A) as provided before the effective date of the amendments made by this section, shall be considered a reference to the rate of basic pay for level IV of the Executive Schedule [5 U.S.C. 5315]; and “(B) as provided on or after the effective date of the amendments made by this section, shall be considered a reference to—“(i) the rate of basic pay for level III of the Executive Schedule [5 U.S.C. 5314]; or “(ii) if the head of the agency responsible for administering the applicable pay system certifies that the employees are covered by a performance appraisal system meeting the certification criteria established by regulation under section 5307(d), level II of the Executive Schedule [5 U.S.C. 5313].”
Effective DateSection effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Puspan. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.
References in Other Laws to GS–16, 17, or 18 Pay Rates; RegulationsPuspan. L. 101–509, title V, § 529 [title I, § 101(c), (d)], Nov. 5, 1990, 104 Stat. 1427, 1442, provided that:“(c)Other References.—Until otherwise provided by law—“(1) any reference in a provision of law (which is outside title 5, United States Code, and in effect immediately before this section takes effect [see Effective Date of 1990 Amendment note set out under section 5301 of this title], excluding any reference in a provision of law amended by this Act [see Short Title of 1990 Amendment note set out under section 5301 of this title])—“(A)(i) to the rate of pay for grade GS–18 of the General Schedule, or to the maximum rate of pay under the General Schedule, shall be considered a reference to the maximum rate payable under section 5376 of such title (as amended by section 102(a));
“(ii) to the minimum rate of pay for grade GS–16 of the General Schedule shall be considered a reference to the minimum rate payable under section 5376 of such title (as amended by section 102(a)); and
“(iii) to a rate of pay for grade GS–16 or 17 of the General Schedule shall (except as provided in clause (ii)) be considered a reference to a rate of pay for a position classified above GS–15 pursuant to section 5108 of such title (as amended by section 102(span)(2)); and
“(B) to a rate of pay under the General Schedule shall not include any comparability payment payable under section 5304 of such title (as amended by this section) or any geographic adjustment payable under section 302 [section 529 [title III, § 302] of Puspan. L. 101–509, set out as a note under section 5304 of this title]; and
“(2) any authority granted by a provision of law (which is outside such title, and in effect immediately before this section takes effect) to fix pay in accordance with chapter 51 and subchapter III of chapter 53 of such title—“(A) shall not be considered to include any authority under section 5304 of such title (as amended by this section) or section 302; but
“(B) shall be considered to include authority under section 5376 of such title (as amended by section 102(a)), if applicable.
“(d)Regulations.—The Office of Personnel Management may prescribe regulations, consistent with subsection (c)(1)(B) and section 303 [section 529 [title III, § 303] of Puspan. L. 101–509, set out as a note under section 5301 of this title], governing the conversion or adjustment of rates of pay, where necessary because of the abolishment of grades GS–16, 17, and 18 of the General Schedule.”
[For reference to maximum rate under section 5376 of this title, see section 2(d)(3) of Puspan. L. 110–372, set out as an Effective Date of 2008 Amendment note under this section.]
