
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC4505a]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart C--Employee Performance
 
                      CHAPTER 45--INCENTIVE AWARDS
 
            SUBCHAPTER I--AWARDS FOR SUPERIOR ACCOMPLISHMENTS
 
Sec. 4505a. Performance-based cash awards

    (a)(1) An employee whose most recent performance rating was at the 
fully successful level or higher (or the equivalent thereof) may be paid 
a cash award under this section.
    (2)(A) A cash award under this section shall be equal to an amount 
determined appropriate by the head of the agency, but may not be more 
than 10 percent of the employee's annual rate of basic pay. 
Notwithstanding the preceding sentence, the agency head may authorize a 
cash award equal to an amount exceeding 10 percent of the employee's 
annual rate of basic pay if the agency head determines that exceptional 
performance by the employee justifies such an award, but in no case may 
an award under this section exceed 20 percent of the employee's annual 
rate of basic pay.
    (B) For purposes of computing a percentage of a rate of basic pay 
under subparagraph (A), the rate of basic pay used shall be determined 
without taking into account any comparability payment under section 
5304.
    (b)(1) A cash award under this section shall be paid as a lump sum, 
and may not be considered to be part of the basic pay of an employee.
    (2) The failure to pay a cash award under this section, or the 
amount of such an award, may not be appealed. The preceding sentence 
shall not be construed to extinguish or lessen any right or remedy under 
subchapter II of chapter 12, chapter 71, or any of the laws referred to 
in section 2302(d).
    (c) The Office of Personnel Management shall prescribe such 
regulations as it considers necessary for the administration of 
subsections (a) and (b).
    (d) The preceding provisions of this section shall be applicable 
with respect to any employee to whom subchapter III of chapter 53 
applies, and to any category of employees provided for under subsection 
(e).
    (e) At the request of the head of an Executive agency, the President 
may authorize the application of subsections (a) through (c) with 
respect to any category of employees within such agency who would not 
otherwise be covered by this section.

(Added Pub. L. 101-509, title V, Sec. 529 [title II, Sec. 207(a)], Nov. 
5, 1990, 104 Stat. 1427, 1457; amended Pub. L. 102-378, Sec. 2(19), Oct. 
2, 1992, 106 Stat. 1347.)


                               Amendments

    1992--Subsec. (b)(2). Pub. L. 102-378, Sec. 2(19)(A), inserted 
reference to chapter 71.
    Subsec. (c). Pub. L. 102-378, Sec. 2(19)(B), inserted ``of Personnel 
Management'' after ``Office''.
    Subsecs. (d), (e). Pub. L. 102-378, Sec. 2(19)(C), added subsecs. 
(d) and (e) and struck out former subsec. (d) which read as follows: 
``At the request of the head of an Executive agency, the President may 
authorize the application of the preceding provisions of this section 
with respect to 1 or more categories of employees within such agency who 
would not otherwise be covered by this section (including authority 
under subsection (c) to prescribe any necessary regulations).''


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-378 effective May 4, 1991, see section 
9(b)(4) of Pub. L. 102-378, set out as a note under section 6303 of this 
title.


                             Effective Date

    Section 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, Sec. 305] of Pub. L. 101-509, set out 
as an Effective Date of 1990 Amendment note under section 5301 of this 
title.

                         Delegation of Functions

    Authority of President under subsec. (e) of this section delegated 
to Director of Office of Personnel Management by Ex. Ord. No. 12828, 
Sec. 1(2), Jan. 5, 1993, 58 F.R. 2965, set out as a note under section 
3502 of this title.
    Authority of President under subsec. (d) [now (e)] of this section 
delegated to Office of Personnel Management by section 6(a) of 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.

                  Section Referred to in Other Sections

    This section is referred to in title 12 section 1441a.
