5 U.S. Code § 5302 - Definitions
For the purpose of this subchapter—
(1) the term “statutory pay system” means a pay system under—
(B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or
(2) the term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics;
(5) the term “locality” or “pay locality” means any locality, as established or modified under section 5304;
(6) the term “pay disparity”, as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to non-Federal workers for the same levels of work in the same locality;
(7) the term “comparability payment” means a payment payable under section 5304;
(8) the term “rates of pay under the General Schedule”, “rates of pay for the General Schedule”, or “scheduled rates of basic pay” means the rates of basic pay under the General Schedule as established by section 5332, excluding pay under section 5304 and any other additional pay of any kind; and
Source(Added Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1429; amended Pub. L. 102–378, § 2(25),Oct. 2, 1992, 106 Stat. 1348; Pub. L. 103–89, § 3(b)(1)(E),Sept. 30, 1993, 107 Stat. 981; Pub. L. 108–411, title III, § 301(a)(1),Oct. 30, 2004, 118 Stat. 2313.)
References in Text
Section 403 of the Foreign Service Act of 1980, referred to in par. (1)(B), is classified to section 3963 of Title 22, Foreign Relations and Intercourse.
A prior section 5302,Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 458, provided for annual reports on pay comparability, prior to repeal by Pub. L. 91–656, § 2(b)(1),Jan. 8, 1971, 84 Stat. 1946.
2004—Par. (8). Pub. L. 108–411added par. (8) and struck out former par. (8) which read as follows: “the term ‘rates of pay under the General Schedule’, ‘rates of pay for the General Schedule’, or ‘scheduled rates of basic pay’ means—
“(A) the rates of basic pay set forth in the General Schedule; and
“(B) in the case of an employee receiving a retained rate of basic pay under section 5363, the rate of basic pay payable under such section; and”.
1993—Par. (8). Pub. L. 103–89, § 3(b)(1)(E)(i), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “in the case of an employee covered by the performance management and recognition system, the rates of basic pay under chapter 54; and”.
Par. (9). Pub. L. 103–89, § 3(b)(1)(E)(ii), substituted “applies” for “applies (including any position under the performance management and recognition system)”.
1992—Par. (1)(C). Pub. L. 102–378, § 2(25)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “chapter 73 of title 38, relating to the Veterans Health Services and Research Administration;”.
Par. (8)(C). Pub. L. 102–378, § 2(25)(B), added subpar. (C).
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–411effective 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) ofPub. L. 108–411, set out as a note under section 5363 of this title.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–89effective Nov. 1, 1993, see section 3(c) ofPub. L. 103–89, set out as a note under section 3372 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–378effective Feb. 3, 1991, see section 9(b)(5) ofPub. L. 102–378, set out as a note under section 6303 of this title.