
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: 5USC5383]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
          SUBCHAPTER VIII--PAY FOR THE SENIOR EXECUTIVE SERVICE
 
Sec. 5383. Setting individual senior executive pay

    (a) Each appointing authority shall determine, in accordance with 
criteria established by the Office of Personnel Management, which of the 
rates established under section 5382 of this title shall be paid to each 
senior executive under such appointing authority.
    (b) Members of the Senior Executive Service shall be subject to the 
limitation under section 5307.
    (c) Except for any pay adjustment under section 5382 of this title, 
the rate of basic pay for any senior executive may not be adjusted more 
than once during any 12-month period.
    (d) The rate of basic pay for any career appointee may be reduced 
from any rate of basic pay to any lower rate of basic pay only if the 
career appointee receives a written notice of the reduction at least 15 
days in advance of the reduction.
    (e)(1) This subsection applies to--
        (A) any individual who, after serving at least 5 years of 
    current continuous service in 1 or more positions in the competitive 
    service, is appointed, without any break in service, as a career 
    appointee; and
        (B) any individual who--
            (i) holds a position which is converted from the competitive 
        service to a career reserved position in the Senior Executive 
        Service; and
            (ii) as of the conversion date, has at least 5 years of 
        current continuous service in 1 or more positions in the 
        competitive service.

    (2)(A) The initial rate of pay for a career appointee who is 
appointed under the circumstances described in paragraph (1)(A) may not 
be less than the rate of basic pay last payable to that individual 
immediately before being so appointed.
    (B) The initial rate of pay for a career appointee following the 
position's conversion (as described in paragraph (1)(B)) may not be less 
than the rate of basic pay last payable to that individual immediately 
before such position's conversion.

(Added Pub. L. 95-454, title IV, Sec. 407(a), Oct. 13, 1978, 92 Stat. 
1171; amended Pub. L. 96-166, Sec. 3, Dec. 29, 1979, 93 Stat. 1273; Pub. 
L. 98-615, title III, Sec. 305, Nov. 8, 1984, 98 Stat. 3219; Pub. L. 
101-509, title V, Sec. 529 [title I, Sec. 101(b)(7)], Nov. 5, 1990, 104 
Stat. 1427, 1440; Pub. L. 102-175, Sec. 2, Dec. 2, 1991, 105 Stat. 1222; 
Pub. L. 102-378, Sec. 2(35), Oct. 2, 1992, 106 Stat. 1351.)


                               Amendments

    1992--Subsec. (b). Pub. L. 102-378 amended subsec. (b) generally. 
Prior to amendment, subsec. (b) read as follows:
    ``(1) In no event may the aggregate amount paid to a senior 
executive during any fiscal year under sections 4507, 5382, 5384, and 
5948 of this title exceed the annual rate payable for positions at level 
I of the Executive Schedule in effect at the end of such fiscal year.
    ``(2)(A) Any amount which is not paid to a senior executive during a 
fiscal year because of the limitation under paragraph (1) of this 
subsection shall be paid to that individual in a lump sum at the 
beginning of the following fiscal year.
    ``(B) Any amount paid under this paragraph during a fiscal year 
shall be taken into account for purposes of applying the limitation 
under paragraph (1) of this subsection with respect to such fiscal year.
    ``(C) The Office of Personnel Management shall prescribe 
regulations, consistent with section 5582 of this title, under which 
payment under this paragraph shall be made in the case of any individual 
whose death precludes payment under subparagraph (A) of this 
paragraph.''
    1991--Subsec. (e). Pub. L. 102-175 added subsec. (e).
    1990--Subsec. (b)(1). Pub. L. 101-509, which directed that 
``5304(j),'' be struck out after the reference to section 4507, could 
not be executed because ``5304(j),'' does not appear in text.
    1984--Subsec. (b). Pub. L. 98-615 designated existing provisions as 
par. (1) and added par. (2).
    1979--Subsec. (b). Pub. L. 96-166 inserted reference to section 
5948.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-615 effective following expiration of 90-day 
period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98-615, set 
out as a note under section 3393 of this title.


Senior Executive Service; Maximum Aggregate Amount Payable, Etc.; Report

    Pub. L. 98-168, title III, Sec. 301(a), Nov. 29, 1983, 97 Stat. 
1112, required Office of Personnel Management to study and, within 12 
months after Nov. 29, 1983, submit to each House of Congress a report on 
effect which 5 U.S.C. 5383(b) (relating to maximum aggregate amount 
payable to a member of Senior Executive Service in a fiscal year) has 
had with respect to recruitment, retention, and morale of career 
appointees in Senior Executive Service.

                  Section Referred to in Other Sections

    This section is referred to in section 5347 of this title; title 20 
section 4709.
