
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5307]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                 SUBCHAPTER I--PAY COMPARABILITY SYSTEM
 
Sec. 5307. Limitation on certain payments

    (a)(1) Except as otherwise permitted by or under law, no allowance, 
differential, bonus, award, or other similar cash payment under this 
title may be paid to an employee in a calendar year if, or to the extent 
that, when added to the total basic pay paid or payable to such employee 
for service performed in such calendar year as an employee in the 
executive branch (or as an employee outside the executive branch to whom 
chapter 51 applies), such payment would cause the total to exceed the 
annual rate of basic pay payable for level I of the Executive Schedule, 
as of the end of such calendar year.
    (2) This section shall not apply to any payment under--
        (A) subchapter III or VII of chapter 55 or section 5596;
        (B) chapter 57 (other than section 5753, 5754, or 5755); or
        (C) chapter 59 (other than section 5925, 5928, 5941(a)(2), or 
    5948).

    (b)(1) Any amount which is not paid to an employee in a calendar 
year because of the limitation under subsection (a) shall be paid to 
such employee in a lump sum at the beginning of the following calendar 
year.
    (2) Any amount paid under this subsection in a calendar year shall 
be taken into account for purposes of appying \1\ the limitations under 
subsection (a) with respect to such calendar year.
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    \1\ So in original. Probably should be ``applying''.
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    (c) The Office of Personnel Management shall prescribe such 
regulations as may be necessary to carry out this section, including 
regulations (consistent with section 5582) concerning how a lump-sum 
payment under subsection (b) shall be made with respect to any employee 
who dies before an amount payable to such employee under subsection (b) 
is made.

(Added Pub. L. 91-656, Sec. 3(a), Jan. 8, 1971, 84 Stat. 1950; amended 
Pub. L. 97-258, Sec. 3(a)(10), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 
101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], Nov. 5, 1990, 104 
Stat. 1427, 1438; Pub. L. 102-77, Sec. 2, July 26, 1991, 105 Stat. 369.)

                       References in Text

    Level I of the Executive Schedule, referred to in subsec. (a)(1), is 
set out in section 5312 of this title.


                               Amendments

    1991--Subsec. (a). Pub. L. 102-77, Sec. 2(1)-(3), designated 
existing provisions as par. (1), substituted ``cause the'' for ``cause 
to the'', and added par. (2).
    Subsec. (b)(3). Pub. L. 102-77, Sec. 2(4), struck out par. (3) which 
read as follows: ``Paragraph (1) shall not apply to an amount if, or to 
the extent that, it is attributable to a payment the authority for which 
would derive from section 4505a(d), 5753(e), or 5754(e).''
    1990--Pub. L. 101-509 amended section generally, substituting 
provisions prohibiting cash payments to employees in excess of annual 
rate of basic pay payable for level I of Executive Schedule in a 
calendar year, for provisions authorizing adjustments in rates of pay, 
minimum or maximum rates of pay, and monetary limitations or allowances 
with respect to pay of certain Federal employees.
    1982--Subsec. (a). Pub. L. 97-258 substituted ``sections 1341, 1342, 
and 1349-1351 and subchapter II of chapter 15'' for ``section 665''.


                    Effective Date of 1990 Amendment

    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, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3152, 5383, 5948, 9501, 
9502, 9505 of this title; title 15 section 78d; title 22 section 3965.
