
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: 5USC5755]

 
             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. 5755. Supervisory differentials

    (a)(1) The Office of Personnel Management may authorize the head of 
an agency to pay a differential to an employee under the General 
Schedule who has supervisory responsibility for 1 or more employees not 
under the General Schedule, if 1 or more of the subordinate employees 
would, in the absence of such a differential, be paid more than the 
supervisory employee.
    (2) For the purposes of comparing the pay of a supervisory employee 
under the General Schedule with the pay of a subordinate employee not 
under the General Schedule, comparability payments under section 5304, 
differentials, and allowances that are not a part of basic pay may be 
taken into consideration, as provided by regulations of the Office.
    (b)(1) A supervisory differential, which shall be stated as a 
percentage of the supervisory employee's rate of basic pay (excluding 
any comparability payments under section 5304) or as a dollar amount, 
may not cause the supervisory employee's pay to exceed the pay of the 
highest paid subordinate employee by more than 3 percent.
    (2) A supervisory differential may not be considered to be part of 
the basic pay of an employee, and the reduction or elimination of a 
supervisory differential 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 supervisory differential shall be paid in the same manner and 
at the same time 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 this section.

(Added Pub. L. 101-509, title V, Sec. 529 [title II, Sec. 211(a)], Nov. 
5, 1990, 104 Stat. 1427, 1461.)


                             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.

                  Section Referred to in Other Sections

    This section is referred to in section 5307 of this title.
