
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: 5USC5334]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
               SUBCHAPTER III--GENERAL SCHEDULE PAY RATES
 
Sec. 5334. Rate on change of position or type of appointment; 
        regulations
        
    (a) The rate of basic pay to which an employee is entitled is 
governed by regulations prescribed by the Office of Personnel Management 
in conformity with this subchapter and chapter 51 of this title when--
        (1) he is transferred from a position in the legislative, 
    judicial, or executive branch to which this subchapter does not 
    apply;
        (2) he is transferred from a position in the legislative, 
    judicial, or executive branch to which this subchapter applies to 
    another such position;
        (3) he is demoted to a position in a lower grade;
        (4) he is reinstated, reappointed, or reemployed in a position 
    to which this subchapter applies following service in any position 
    in the legislative, judicial, or executive branch;
        (5) his type of appointment is changed;
        (6) his employment status is otherwise changed; or
        (7) his position is changed from one grade to another grade.

For the purpose of this subsection, an individual employed by the 
Appalachian Regional Commission under section 106(2) of the Appalachian 
Regional Development Act of 1965 (40 U.S.C. App.), who was a Federal 
employee immediately prior to such employment by a commission and within 
6 months after separation from such employment is employed in a position 
to which this subchapter applies, shall be treated as if transferred 
from a position in the executive branch to which this subchapter does 
not apply.
    (b) An employee who is promoted or transferred to a position in a 
higher grade is entitled to basic pay at the lowest rate of the higher 
grade which exceeds his existing rate of basic pay by not less than two 
step-increases of the grade from which he is promoted or transferred. 
If, in the case of an employee so promoted or transferred who is 
receiving basic pay at a rate in excess of the maximum rate of his 
grade, there is no rate in the higher grade which is at least two step-
increases above his existing rate of basic pay, he is entitled to--
        (1) the maximum rate of the higher grade; or
        (2) his existing rate of basic pay, if that rate is the higher.

If an employee so promoted or transferred is receiving basic pay at a 
rate saved to him under subchapter VI of this chapter on reduction in 
grade, he is entitled to--
        (A) basic pay at a rate two steps above the rate which he would 
    be receiving if subchapter VI of this chapter were not applicable to 
    him; or
        (B) his existing rate of basic pay, if that rate is the higher.

    (c) An employee in the legislative branch who is paid by the 
Secretary of the Senate or the Chief Administrative Officer of the House 
of Representatives, and who has completed two or more years of service 
as such an employee, and a Member of the Senate or House of 
Representatives who has completed two or more years of service as such a 
Member, may, on appointment to a position to which this subchapter 
applies, have his initial rate of pay fixed--
        (1) at the minimum rate of the appropriate grade; or
        (2) at a step of the appropriate grade that does not exceed the 
    highest previous rate of pay received by him during that service in 
    the legislative branch.

    (d) The rate of pay established for a teaching position as defined 
by section 901 of title 20 held by an individual who becomes subject to 
subsection (a) of this section is deemed increased by an amount 
determined under regulations which the Secretary of Defense shall 
prescribe for the determination of the yearly rate of pay of the 
position. The amount by which a rate of pay is increased under the 
regulations may not exceed the amount equal to 20 percent of that rate 
of pay.
    (e) An employee of a county committee established pursuant to 
section 590h(b) of title 16 may, upon appointment to a position subject 
to this subchapter, have his initial rate of basic pay fixed at the 
minimum rate of the appropriate grade, or at any step of such grade that 
does not exceed the highest previous rate of basic pay received by him 
during service with such county committee.
    (f) An employee of a nonappropriated fund instrumentality of the 
Department of Defense or the Coast Guard described in section 2105(c) 
who moves, without a break in service of more than 3 days, to a position 
in the Department of Defense or the Coast Guard, respectively, that is 
subject to this subchapter, may have such employee's initial rate of 
basic pay fixed at the minimum rate of the appropriate grade or at any 
step of such grade that does not exceed the highest previous rate of 
basic pay received by that employee during the employee's service 
described in section 2105(c). In the case of a nonappropriated fund 
employee who is moved involuntarily from such nonappropriated fund 
instrumentality without a break in service of more than 3 days and 
without substantial change in duties to a position that is subject to 
this subchapter, the employee's pay shall be set at a rate (not above 
the maximum for the grade, except as may be provided for under section 
5365) that is not less than the employee's rate of basic pay under the 
nonappropriated fund instrumentality immediately prior to so moving.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 468; Pub. L. 90-103, title I, 
Sec. 105, Oct. 11, 1967, 81 Stat. 257; Pub. L. 90-367, Sec. 1, June 29, 
1968, 82 Stat. 277; Pub L. 90-623, Sec. 1(6), (24), Oct. 22, 1968, 82 
Stat. 1312, 1314; Pub. L. 95-454, title V, Sec. 503(f), title VIII, 
Sec. 801(a)(2), (3)(F), (G), title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 
Stat. 1184, 1221, 1222, 1224; Pub. L. 96-54, Sec. 2(a)(27), Aug. 14, 
1979, 93 Stat. 383; Pub. L. 98-615, title II, Sec. 204(a)(1), Nov. 8, 
1984, 98 Stat. 3216; Pub. L. 99-251, title III, Sec. 306(b), Feb. 27, 
1986, 100 Stat. 27; Pub. L. 101-508, title VII, Sec. 7202(d), Nov. 5, 
1990, 104 Stat. 1388-335; Pub. L. 103-89, Sec. 3(b)(1)(G), Sept. 30, 
1993, 107 Stat. 982; Pub. L. 104-186, title II, Sec. 215(4), Aug. 20, 
1996, 110 Stat. 1745; Pub. L. 105-85, div. A, title XI, Sec. 1104(a), 
Nov. 18, 1997, 111 Stat. 1923; Pub. L. 105-393, title II, Sec. 223, Nov. 
13, 1998, 112 Stat. 3626.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)-(d)............  5 U.S.C. 1132.                Oct. 28, 1949, ch.
                                                    782, Sec.  802, 63
                                                    Stat. 969.
                     ............................  Sept. 1, 1954, ch.
                                                    1208, Sec.  112 (as
                                                    applicable to Sec.
                                                    802(b)), 68 Stat.
                                                    1108.
                     ............................  May 29, 1958, Pub. L.
                                                    85-432, Sec.  4(a),
                                                    (b), 72 Stat. 151.
                     ............................  July 31, 1959, Pub.
                                                    L. 86-122, Sec.
                                                    2(a), 73 Stat. 268.
                     ............................  Oct. 11, 1962, Pub.
                                                    L. 87-793, Sec.
                                                    604(a), (b), 76
                                                    Stat. 847.
(e)................  5 U.S.C. 2357.                July 17, 1959, Pub.
                                                    L. 86-91. Sec.  9,
                                                    73 Stat. 216.
------------------------------------------------------------------------

    In subsection (b), the words ``under any provision of law'' are 
omitted from the second sentence as unnecessary.
    In subsection (e), the words ``as defined by section 901 of title 
20'' are added on authority of former section 2351, which section is 
scheduled for transfer to section 901 of title 20.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-393 substituted ``the Appalachian 
Regional Development Act of 1965 (40 U.S.C. App.)'' for ``title 40, 
appendix, or by a regional commission established pursuant to section 
3182 of title 42, under section 3186(a)(2) of that title''.
    1997--Subsec. (d). Pub. L. 105-85 substituted ``an amount determined 
under regulations which the Secretary of Defense shall prescribe for the 
determination of the yearly rate of pay of the position. The amount by 
which a rate of pay is increased under the regulations may not exceed 
the amount equal to 20 percent of that rate of pay.'' for ``20 percent 
to determine the yearly rate of pay of the position.''
    1996--Subsec. (c). Pub. L. 104-186 substituted ``Chief 
Administrative Officer'' for ``Clerk''.
    1993--Subsec. (c)(2). Pub. L. 103-89, Sec. 3(b)(1)(G)(i), 
substituted ``step'' for ``step, or for an employee appointed to a 
position covered by the performance management and recognition system 
established under chapter 54 of this title, any dollar amount,''.
    Subsecs. (f), (g). Pub. L. 103-89, Sec. 3(b)(1)(G)(ii), redesignated 
subsec. (g) as (f) and struck out former subsec. (f) which read as 
follows: ``In the case of an employee covered by the performance 
management and recognition system established under chapter 54 of this 
title, all references in this section to `two steps' or `two step-
increases' shall be deemed to mean 6 percent.''
    1990--Subsec. (g). Pub. L. 101-508 added subsec. (g).
    1986--Subsec. (e). Pub. L. 99-251 substituted ``may, upon 
appointment to a position'' for ``may upon appointment to a position 
under the Department of Agriculture,''.
    1984--Subsecs. (c)(2), (f). Pub. L. 98-615 substituted ``the 
performance management and recognition system established under chapter 
54'' for ``the merit pay system established under section 5402''.
    1979--Subsec. (a). Pub. L. 96-54 substituted ``106(2)'' for 
``106(a)'' and ``3186(a)(2)'' for ``3186(2)''.
    1978--Subsec. (a). Pub. L. 95-454, Sec. 906(a)(2), substituted 
``Office of Personnel Management'' for ``Civil Service Commission''.
    Subsec. (b). Pub. L. 95-454, Sec. 801(a)(3)(F), substituted 
``subchapter VI of this chapter'' for ``section 5337 of this title'' 
wherever appearing.
    Subsec. (c). Pub. L. 95-454, Sec. 503(f)(1), in par. (2) inserted 
reference to an employee appointed to a position covered by the merit 
pay system established under section 5402 of this title.
    Subsecs. (d) to (f). Pub. L. 95-454, Sec. 801(a)(2), (3)(G), 
redesignated subsecs. (e) and (f) as (d) and (e), respectively. Former 
subsec. (d), which related to regulations governing the retention of the 
rate of basic pay of an employee and his position covered by this 
subchapter and chapter 51 of this title, was struck out.
    Pub. L. 95-454, Sec. 503(f)(2), added a new subsec. (f).
    1968--Subsec. (a). Pub. L. 90-623, Sec. 1(6), substituted ``title 
40, appendix'' for ``the Appalachian Regional Development Act of 1965'', 
``section 3182 of title 42, under section 3186(2) of that title'' for 
``section 502 of the Public Works and Economic Development Act of 1965, 
under section 506(2) of such Act'', and ``6'' for ``six''.
    Subsec. (f). Pub. L. 90-623, Sec. 1(24), substituted ``section 
590h(b) of title 16'' for ``section 8(b) of the Soil Conservation and 
Domestic Allotment Act (16 U.S.C. 590h(b))''.
    Pub. L. 90-367 added subsec. (f).
    1967--Subsec. (a). Pub. L. 90-103 provided for treatment as a 
transfer from a position in the executive branch to which this 
subchapter does not apply of certain regional commission employees who 
were Federal employees immediately prior to employment by a commission 
and were employed within six months after separation from the commission 
in a position subject to this subchapter.


                    Effective Date of 1997 Amendment

    Section 1104(b) of Pub. L. 105-85 provided that:
    ``(1) The amendment made by subsection (a) [amending this section] 
shall take effect 180 days after the date of the enactment of this Act 
[Nov. 18, 1997].
    ``(2) In the case of a person who is employed in a teaching position 
referred to in section 5334(d) of title 5, United States Code, on the 
day before the effective date under paragraph (1), the rate of pay of 
that person determined under that section (as in effect on that day) may 
not be reduced by reason of the amendment made by subsection (a) for so 
long as the person continues to serve in that position or another such 
position without a break in service of more than three days on or after 
that day.''


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-89 effective Nov. 1, 1993, see section 3(c) 
of Pub. L. 103-89, set out as a note under section 3372 of this title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 applicable with respect to any 
individual who, on or after Jan. 1, 1987, moves from employment in 
nonappropriated fund instrumentality of Department of Defense or Coast 
Guard, that is described in section 2105(c) of this title, to employment 
in Department or Coast Guard, that is not described in section 2105(c), 
or who moves from employment in Department or Coast Guard, that is not 
described in section 2105(c), to employment in nonappropriated fund 
instrumentality of Department or Coast Guard, that is described in 
section 2105(c), see section 7202(m)(1) of Pub. L. 101-508, set out as a 
note under section 2105 of this title.


                    Effective Date of 1984 Amendment

    Section 205 of Pub. L. 98-615 provided that amendment by Pub. L. 98-
615 was effective Oct. 1, 1984, and applicable with respect to pay 
periods commencing on or after that date, with certain exceptions and 
qualifications.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendment

    Section 504(a) of Pub. L. 95-454 provided that amendment by section 
503(f) of Pub. L. 95-454 was effective on first day of first applicable 
pay period which began on or after Oct. 1, 1981, except it could take 
effect with respect to any category or categories of positions before 
such day to extent prescribed by Director of Office of Personnel 
Management.
    Amendment by section 801(a)(2), (3)(F), (G) of Pub. L. 95-454 
effective on first day of first applicable pay period beginning on or 
after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95-
454, set out as an Effective Date note under section 5361 of this title.
    Amendment by section 906(a)(2) of Pub. L. 95-454 effective 90 days 
after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a 
note under section 1101 of this title.


                    Effective Date of 1968 Amendment

    Section 6 of Pub. L. 90-623 provided that:
    ``(a) Sections 1-5 of this Act [amending this section, sections 559, 
2108, 3102, 3502, 5314, 5315, 5316, 5352, 5353, 5516, 5521, 5527, 5537, 
5546, 5724, 6104, 6305, 6312, 6323, 6324, 8143, 8191, 8331, and 8347 of 
this title, sections 101, 510 [now 12102], 815, 1124, 3534, 4342, 5149, 
6483, 6954, and 9342 of Title 10, Armed Forces, sections 101, 212, 205, 
305, 306, 307, 308, 311, 406, 417, 554, 703, 904, 1001, and 1006 of 
Title 37, Pay and Allowances of the Uniformed Services, and sections 
2727 and 2994b of Title 42, The Public Health and Welfare, and repealing 
section 8339 note of this title] restate, without substantive change, 
the laws replaced by those sections on the effective date of this Act. 
Laws effective after June 30, 1968, that are inconsistent with this Act 
[Oct. 22, 1968] supersede it to the extent of the inconsistency.
    ``(b) References made by other laws, regulations, and orders to the 
laws restated by this Act are deemed to refer to the corresponding 
provisions of this Act.
    ``(c) Actions taken under the laws restated by this Act are deemed 
to have been taken under the corresponding provisions of this Act.
    ``(d) Sections 1(2) and 1(14) of this Act [amending sections 2108 
and 5724 of this title] are effective as of September 11, 1967, for all 
purposes.
    ``(e) Sections 1(13)(B) and 1(17) of this Act [amending sections 
5546 and 6323 of this title] are effective as of September 6, 1966, for 
all purposes.''

                  Section Referred to in Other Sections

    This section is referred to in title 40 App. section 109.
