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(a) An employee must receive the greatest of the following rates of pay, as applicable -
(1) The scheduled annual rate of pay payable to the employee;
(2) A locality rate under this subpart;
(3) A special rate under 5 CFR part 530, subpart C, or a similar rate under other legal authority (e.g., 38 U.S.C. 7455); or
(4) A retained rate under 5 CFR part 536 or a similar rate under other legal authority.
(b) A GS employee receiving a special rate is entitled to any applicable locality payment on the same basis as any other GS employee. The locality payment is computed based on the employee's scheduled annual rate of pay, which excludes any special rate. The employee is entitled to the higher of the locality rate or the corresponding special rate. As provided in 5 U.S.C. 5305(h) and 5
5 CFR 530.303(d), when an employee's locality rate exceeds a corresponding special rate, the employee's entitlement to the special rate is terminated.
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.