5 U.S. Code § 5305 - Special pay authority
Level IV of the Executive Schedule, referred to in subsecs. (a)(1) and (g)(2), is set out in section 5315 of this title.
The provisions of this title governing appointment in the competitive service, referred to in subsec. (a), are classified generally to section 3301 et seq. of this title.
2004—Subsec. (a). Pub. L. 108–411, § 301(a)(2)(A), added subsec. (a) and struck out former subsec. (a) relating to the President’s authority to establish higher minimum rates of basic pay for specified individuals where the Government’s recruitment or retention efforts are, or are likely to become, significantly handicapped.
Subsec. (b)(4). Pub. L. 108–411, § 301(a)(2)(B), added par. (4) and struck out former par. (4) which read as follows: “any other circumstances which the President (or an agency duly authorized or designated by the President in accordance with the last sentence of subsection (a)) considers appropriate.”
Subsec. (d). Pub. L. 108–411, § 301(a)(2)(C), substituted “Office of Personnel Management” for “President” and “(or by such other agency as the President may designate under the last sentence of subsection (a)(1))” for “or by such agency as he may designate”.
Subsec. (e). Pub. L. 108–411, § 301(a)(2)(D), substituted “rate of pay” for “rate of basic pay”.
Subsec. (f). Pub. L. 108–411, § 301(a)(2)(E), added subsec. (f) and struck out former subsec. (f) which read as follows: “The rate of basic pay established under this section and received by an individual immediately before a statutory increase, which becomes effective prior to, on, or after the date of enactment of the statute, in the pay schedule applicable to such individual of any pay system specified in subsection (c) of this section, shall be initially adjusted, effective on the effective date of the statutory increase, under conversion rules prescribed by the President or by such agency as the President may designate.”
Subsec. (g)(1). Pub. L. 108–411, § 301(a)(2)(F), substituted “pay” for “basic pay” and “Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate)” for “President (or his designated agency)”.
Subsec. (h). Pub. L. 108–411, § 301(a)(2)(G), added subsec. (h) and struck out former subsec. (h) which read as follows “The rate of basic pay payable to an individual under this section may not, at any time, be less than the rate which would then be payable to such individual (taking comparability payments under section 5304 into account) if this section had never been enacted.”
Subsecs. (i), (j). Pub. L. 108–411, § 301(a)(2)(H), added subsecs. (i) and (j).
1990—Pub. L. 101–509 amended section generally, substituting provisions authorizing President to make special pay increases whenever recruitment or retention efforts are handicapped for provisions requiring annual pay reports and adjustments, authorizing alternative plan in years of emergency or when economic conditions affect the general welfare, and setting forth procedure where Congressional committee disapproves such alternative plan.
1975—Subsec. (a)(3). Pub. L. 94–82, § 202(c)(1), inserted provision relating to specification in the report to the Congress of the overall percentage of the adjustment in the rates of pay under the General Schedule and under other statutory pay systems.
Subsec. (c)(1). Pub. L. 94–82, § 202(c)(2), inserted provision relating to specification in the report to the Congress of the overall percentage of the adjustment in the rates of pay under the General Schedule and under other statutory pay systems.
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 Oct. 30, 2004, with provision relating to conversion rules, see section 301(d) of Pub. L. 108–411, set out as a note under section 5363 of this title.
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 Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
Pub. L. 101–509, title V, § 529 [title II, § 209], Nov. 5, 1990, 104 Stat. 1427, 1460, as amended by Pub. L. 102–378, § 3(3), Oct. 2, 1992, 106 Stat. 1355, provided that:
[Authority of President under section 529 [title II, § 209] of Pub. L. 101–509, set out above, delegated to Office of Personnel Management by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under section 5301 of this title.]
Pub. L. 106–554, § 1(a)(4) [div. B, title IX, § 907(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–309, provided that:
Pub. L. 101–509, title V, § 529 [title IV, §§ 401–407], Nov. 5, 1990, 104 Stat. 1427, 1465, as amended by Pub. L. 102–378, § 3(5)–(9), Oct. 2, 1992, 106 Stat. 1356; Pub. L. 103–123, title VI, § 628, Oct. 28, 1993, 107 Stat. 1266; Pub. L. 103–178, title III, § 303(a), Dec. 3, 1993, 107 Stat. 2034; Pub. L. 105–61, title I, § 118(e), Oct. 10, 1997, 111 Stat. 1288; Pub. L. 106–554, § 1(a)(4) [div. B, title IX, § 907(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–309; Pub. L. 108–411, title I, § 101(b), title III, § 301(b), Oct. 30, 2004, 118 Stat. 2309, 2317, provided that:
“This title [section 529 [title IV, §§ 401–412] of Pub. L. 101–509, enacting sections 4521 to 4523 of this title, amending sections 5541, 5542, 5547, 8335, and 8425 of this title, enacting provisions set out as notes under this section and sections 4521, 5541, and 8335 of this title, and amending provisions set out as a note under section 5541 of this title] may be cited as the ‘Federal Law Enforcement Pay Reform Act of 1990’.
“For the purposes of this title, except as otherwise provided, the term ‘law enforcement officer’ means any law enforcement officer within the meaning of section 5541(3) of title 5, United States Code, with respect to whom the provisions of chapter 51 of such title apply.
“GS–3 |
Step 4 |
“GS–4 |
Step 4 |
“GS–5 |
Step 4 |
“GS–6 |
Step 3 |
“GS–7 |
Step 3 |
“GS–8 |
Step 3 |
“GS–9 |
Step 2 |
“GS–10 |
Step 2 |
“GS–3 |
Step 7 |
“GS–4 |
Step 7 |
“GS–5 |
Step 8 |
“GS–6 |
Step 6 |
“GS–7 |
Step 5 |
“GS–8 |
Step 3 |
“GS–9 |
Step 2 |
“GS–10 |
Step 2 |
“Area |
Differential |
---|---|
Boston-Lawrence-Salem, MA–NH Consolidated Metropolitan Statistical Area |
16% |
Chicago-Gary-Lake County, IL–IN–WI Consolidated Metropolitan Statistical Area |
4% |
Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan Statistical Area |
16% |
New York-Northern New Jersey-Long Island, NY–NJ–CT Consolidated Metropolitan Statistical Area |
16% |
Philadelphia-Wilmington-Trenton, PA–NJ–DE–MD Consolidated Metropolitan Statistical Area |
4% |
San Francisco-Oakland-San Jose, CA Consolidated Metropolitan Statistical Area |
16% |
San Diego, CA Metropolitan Statistical Area |
8% |
Washington-Baltimore DC–MD–VA–WV Consolidated Metropolitan Statistical Area |
4% |
[Section 303(b) of Pub. L. 103–178 provided that:
[For effective dates of amendments by section 3(5)–(9) of Pub. L. 102–378 to section 529 [title IV, §§ 402, 403(d), 404(a), (b), 405(a)] of Pub. L. 101–509, set out above, see section 9(a), (b)(6), (9) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title.]
Pub. L. 101–509, title V, § 529 [title IV, § 412], Nov. 5, 1990, 104 Stat. 1427, 1469, provided that not later than Jan. 1, 1993, the Office of Personnel Management should submit to Congress a written plan to establish a separate pay and classification system for law enforcement officers and specifications for legislation to implement such plan.
Functions of President under this section assigned to the Director of the Office of Personnel Management by section 1 of Ex. Ord. No. 13415, Dec. 1, 2006, 71 F.R. 70641, set out as a note under section 4505a of this title.