United States Code (Last Updated: May 24, 2014) |
Title 5. GOVERNMENT ORGANIZATION AND EMPLOYEES |
Part III. EMPLOYEES |
SubPart D. Pay and Allowances |
Chapter 53. PAY RATES AND SYSTEMS |
SubChapter VI. GRADE AND PAY RETENTION |
§ 5361. Definitions
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For the purpose of this subchapter— (1) “employee” means an employee to whom chapter 51 of this title applies, and a prevailing rate employee, as defined by section 5342(a)(2) of this title, whose employment is other than on a temporary or term basis; (2) “agency” has the meaning given it by section 5102 of this title; (3) “retained grade” means the grade used for determining benefits to which an employee to whom section 5362 of this title applies is entitled; (4) “rate of basic pay” means— (A) the rate of basic pay payable to an employee under law or regulations before any deductions or additions of any kind, but including— (i) any applicable locality-based comparability payment under section 5304 or similar provision of law; (ii) any applicable special pay under section 5305 or similar provision of law; and (iii) subject to such regulations as the Office of Personnel Management may prescribe, any applicable existing retained rate of pay established under section 5363 or similar provision of law; and (B) in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343; (5) “covered pay schedule” means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or a special occupational pay system under subchapter IX; (6) “position subject to this subchapter” means any position under a covered pay schedule; (7) “reduction-in-force procedures” means procedures applied in carrying out any reduction in force due to a reorganization, due to lack of funds or curtailment of work, or due to any other factor; and (8) “retained rate” means the rate of basic pay to which an employee is entitled under section 5363(b)(2).
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, Pub. L. 89–554,
Amendments
2004—Par. (4). Pub. 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). Pub. L. 108–411, § 301(a)(4)(B)–(D), added par. (8).
1993—Par. (5). Pub. 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). Pub. L. 101–509 inserted “a special occupational pay system under subchapter IX,” before “or the performance”.
1984—Par. (5). Pub. L. 98–615 substituted “performance management and recognition system” for “merit pay system”.
Effective Date Of Amendment
Amendment by Pub. L. 108–411 effective on the first day of the first applicable pay period beginning on or after the 180th day after
Amendment by Pub. L. 103–89 effective
Amendment by Pub. 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
Pub. L. 98–615, title II, § 205,
Effective Date
Pub. L. 95–454, title VIII, § 801(a)(4),