
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: 5USC5361]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                 SUBCHAPTER VI--GRADE AND PAY RETENTION
 
Sec. 5361. Definitions

    For the purpose of this subchapter--
        (1) ``employee'' means an employee to whom chapter 51 of this 
    title applies, and a prevailing rate employee, as defined by section 
    5342(a)(2) of this title, whose employment is other than on a 
    temporary or term basis;
        (2) ``agency'' has the meaning given it by section 5102 of this 
    title;
        (3) ``retained grade'' means the grade used for determining 
    benefits to which an employee to whom section 5362 of this title 
    applies is entitled;
        (4) ``rate of basic pay'' means, in the case of a prevailing 
    rate employee, the scheduled rate of pay determined under section 
    5343 of this title;
        (5) ``covered pay schedule'' means the General Schedule, any 
    prevailing rate schedule established under subchapter IV of this 
    chapter, or a special occupational pay system under subchapter IX;
        (6) ``position subject to this subchapter'' means any position 
    under a covered pay schedule; and
        (7) ``reduction-in-force procedures'' means procedures applied 
    in carrying out any reduction in force due to a reorganization, due 
    to lack of funds or curtailment of work, or due to any other factor.

(Added Pub. L. 95-454, title VIII, Sec. 801(a)(1), Oct. 13, 1978, 92 
Stat. 1218; amended Pub. L. 98-615, title II, Sec. 204(a)(2), Nov. 8, 
1984, 98 Stat. 3216; Pub. L. 101-509, title V, Sec. 529 [title I, 
Sec. 105(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1448; Pub. L. 103-89, 
Sec. 3(b)(1)(J), Sept. 30, 1993, 107 Stat. 982.)


                            Prior Provisions

    A prior section 5361, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 473, 
which related to scientific and professional positions, was renumbered 
section 5371 of this title by Pub. L. 95-454, title VIII, 
Sec. 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.


                               Amendments

    1993--Par. (5). Pub. L. 103-89 substituted ``or a special 
occupational pay system under subchapter IX'' for ``a special 
occupational pay system under subchapter IX, or the performance 
management and recognition system under chapter 54 of this title''.
    1990--Par. (5). Pub. L. 101-509 inserted ``a special occupational 
pay system under subchapter IX,'' before ``or the performance''.
    1984--Par. (5). Pub. L. 98-615 substituted ``performance management 
and recognition system'' for ``merit pay system''.


                    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. 101-509 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.


                    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

    Section 801(a)(4) of Pub. L. 95-454 provided that:
    ``(A) The amendments made by this subsection [enacting sections 5361 
to 5366 of this title and redesignating former sections 5361 to 5366 as 
sections 5371 to 5375 of this title, amending sections 559, 1305, 3104, 
5102, 5107, 5334, 5349, and 8704 of this title, sections 4540, 7212, and 
9540 of Title 10, Armed Forces, section 1715 of Title 15, Commerce and 
Trade, and section 3608 of Title 42, The Public Health and Welfare, and 
repealing sections 5337 and 5345 of this title] shall take effect on the 
first day of the first applicable pay period beginning on or after the 
90th day after the date of the enactment of this Act [Oct. 13, 1978].
    ``(B) An employee who was receiving pay under the provisions of 
section 5334(d), 5337, or 5345 of title 5, United States Code, on the 
day before the effective date prescribed in subparagraph (A) of this 
paragraph shall not have such pay reduced or terminated by reason of the 
amendments made by this subsection and, unless section 5362 of such 
title 5 (as amended by subsection (a)(1) of this section) applies, such 
an employee is entitled to continue to receive pay as authorized by 
those provisions (as in effect on such date).''

                  Section Referred to in Other Sections

    This section is referred to in section 5349 of this title.
