5 USC 5361 - Definitions

Editorial Notes

References in Text

The General Schedule, referred to in par. (5), is set out under section 5332 of this title.

Prior Provisions

A prior section 5361, Puspan. L. 89–554, Sept. 6, 1966, 80 Stat. 473, which related to scientific and professional positions, was renumbered section 5371 of this title by Puspan. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.

Amendments

2004—Par. (4). Puspan. L. 108–411, § 301(a)(4)(A), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “ ‘rate of basic pay’ means, in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343 of this title;”.

Par. (8). Puspan. L. 108–411, § 301(a)(4)(B)–(D), added par. (8).

1993—Par. (5). Puspan. L. 103–89 substituted “or a special occupational pay system under subchapter IX” for “a special occupational pay system under subchapter IX, or the performance management and recognition system under chapter 54 of this title”.

1990—Par. (5). Puspan. L. 101–509 inserted “a special occupational pay system under subchapter IX,” before “or the performance”.

1984—Par. (5). Puspan. L. 98–615 substituted “performance management and recognition system” for “merit pay system”.

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 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. 101–509 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 a note under section 5301 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

Puspan. L. 95–454, title VIII, § 801(a)(4), Oct. 13, 1978, 92 Stat. 1222, provided that:

“(A) The amendments made by this subsection [enacting sections 5361 to 5366 of this title and redesignating former sections 5361 to 5366 as sections 5371 to 5375 of this title, amending sections 559, 1305, 3104, 5102, 5107, 5334, 5349, and 8704 of this title, sections 4540, 7212, and 9540 of Title 10, Armed Forces, section 1715 of Title 15, Commerce and Trade, and section 3608 of Title 42, The Public Health and Welfare, and repealing sections 5337 and 5345 of this title] shall take effect on the first day of the first applicable pay period beginning on or after the 90th day after the date of the enactment of this Act [Oct. 13, 1978].

“(B) An employee who was receiving pay under the provisions of section 5334(d), 5337, or 5345 of title 5, United States Code, on the day before the effective date prescribed in subparagraph (A) of this paragraph shall not have such pay reduced or terminated by reason of the amendments made by this subsection and, unless section 5362 of such title 5 (as amended by subsection (a)(1) of this section) applies, such an employee is entitled to continue to receive pay as authorized by those provisions (as in effect on such date).”