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The highest previous rate may not be based on the following:
(a) A rate received under an appointment as an expert or consultant under 5 U.S.C. 3109;
(b) A rate received in a position to which the employee was temporarily promoted for less than 1 year, except upon permanent placement in a position at the same or higher grade;
(c) A rate received in a position from which the employee was reassigned or reduced in grade for failure to satisfactorily complete a probationary period as a supervisor or manager;
(d) A rate received by an individual while employed by the government of the District of Columbia who was first employed by that government on or after October 1, 1987;
(e) A rate received by an individual while employed by a Department of Defense or Coast Guard nonappropriated fund instrumentality;
(f) A rate received solely during a period of interim relief under 5 U.S.C. 7701(b)(2)(A);
(g) A special rate established under 5 U.S.C. 5305 and 5
5 CFR part 530, subpart C, or 38 U.S.C. 7455 (except as provided in § 531.222(c));
(h) A rate received under a void appointment or a rate otherwise contrary to applicable law or regulation;
(i) A rate received as a member of the uniformed services; or
(j) A retained rate under 5 U.S.C. 5363 or a similar rate under another legal authority.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 5115 - Regulations
§ 5303 - Annual adjustments to pay schedules
§ 5304 - Locality-based comparability payments
§ 5305 - Special pay authority
§ 5307 - Limitation on certain payments
§ 5333 - Minimum rate for new appointments
§ 5334 - Rate on change of position or type of appointment; regulations
§ 5335 - Periodic step-increases
§ 5336 - Additional step-increases
§ 5338 - Regulations
§ 7701 - Appellate procedures
107 Stat. 981
Executive Order ... 12748
Executive Order ... 12883
Executive Order ... 13106
Title 5 published on 2015-01-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 531 after this date.
The Office of Personnel Management is issuing final regulations on behalf of the President's Pay Agent. These final regulations link the definitions of General Schedule (GS) locality pay area boundaries to updated metropolitan area definitions established by the Office of Management and Budget (OMB) in February 2013. These final regulations also establish 13 new locality pay areas, which the Federal Salary Council recommended after reviewing pay levels in all “Rest of U.S.” metropolitan statistical areas and combined statistical areas with 2,500 or more GS employees.
The U.S. Office of Personnel Management is issuing proposed regulations on behalf of the President's Pay Agent to link the definitions of General Schedule (GS) locality pay area boundaries to updated metropolitan area definitions established by the Office of Management and Budget in February 2013. Under this proposal, locations that would otherwise move to a lower-paying locality pay area due to use of the updated metropolitan area definitions in the locality pay program would remain in their current locality pay area. This proposal does not modify the current commuting and GS employment criteria used in the locality pay program to evaluate, for possible inclusion in a locality pay area, locations adjacent to the metropolitan area comprising the basic locality pay area. However, regarding calculation of commuting interchange rates used to evaluate such locations, the locality pay area definitions proposed in this document reflect use of the commuting patterns data collected as part of the American Community Survey between 2006 and 2010, as recommended by the Federal Salary Council in January 2014. Under this proposal, 13 new locality pay areas would also be established. The Federal Salary Council recommended these 13 locality pay areas after reviewing pay levels in all “Rest of U.S.” metropolitan statistical areas and combined statistical areas with 2,500 or more GS employees. The Federal Salary Council found that the percentage difference between GS and non-Federal pay levels for the same levels of work— i.e., the pay disparity—in these 13 locations was substantially greater than the “Rest of U.S.” pay disparity over an extended period. The President's Pay Agent has agreed to issue proposed regulations in response to the Federal Salary Council's recommendation to establish the 13 new locality pay areas. Locality pay rates for the new locality pay areas would be set by the President after the new locality pay areas would be established by regulation.