
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: 5USC5754]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
           CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 5754. Retention allowances

    (a) The Office of Personnel Management may authorize the head of an 
agency to pay an allowance to an employee under the General Schedule 
if--
        (1) the unusually high or unique qualifications of the employee 
    or a special need of the agency for the employee's services makes it 
    essential to retain the employee; and
        (2) the agency determines that the employee would be likely to 
    leave in the absence of a retention allowance.

    (b)(1) A retention allowance, which shall be stated as a percentage 
of the rate of basic pay (excluding any comparability payments under 
section 5304) of the employee, may not exceed 25 percent of such rate of 
basic pay.
    (2) A retention allowance may not be considered to be part of the 
basic pay of an employee, and the reduction or elimination of a 
retention allowance 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 or under any of the laws referred to in 
section 2302(d).
    (3) A retention allowance shall be paid at the same time and in the 
same manner as the employee's basic pay is paid.
    (c) For the purpose of this section--
        (1) the terms ``agency'' and ``employee'' have the meanings 
    given them by section 5102; and
        (2) any reference to ``an employee under the General Schedule'' 
    shall be considered to be a reference to any employee holding a 
    position to which subchapter III of chapter 53 applies.

    (d) The Office shall prescribe such regulations as it considers 
necessary for the administration of subsections (a) through (c).
    (e) 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 (d) to prescribe any necessary regulations).

(Added Pub. L. 101-509, title V, Sec. 529 [title II, Sec. 208(a)], Nov. 
5, 1990, 104 Stat. 1427, 1459.)


                             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 Office of Personnel Management by section 6(c) 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 sections 5307, 9504 of this title; 
title 38 section 7410.
