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U.S. Code as of:
01/03/05
Section 5305. Special pay authority
(a)(1) Whenever the Office of Personnel Management finds that the
Government's recruitment or retention efforts with respect to 1 or
more occupations in 1 or more areas or locations are, or are likely
to become, significantly handicapped due to any of the
circumstances described in subsection (b), the Office may establish
for the areas or locations involved, with respect to individuals in
positions paid under any of the pay systems referred to in
subsection (c), higher minimum rates of pay for 1 or more grades or
levels, occupational groups, series, classes, or subdivisions
thereof, and may make corresponding increases in all rates of the
pay range for each such grade or level. However, a minimum rate so
established may not exceed the maximum rate of basic pay (excluding
any locality-based comparability payment under section 5304 or
similar provision of law) for the grade or level by more than 30
percent, and no rate may be established under this section in
excess of the rate of basic pay payable for level IV of the
Executive Schedule. In the case of individuals not subject to the
provisions of this title governing appointment in the competitive
service, the President may designate another agency to authorize
special rates under this section.
(2) The head of an agency may determine that a category of
employees of the agency will not be covered by a special rate
authorization established under this section. The head of an agency
shall provide written notice to the Office of Personnel Management
(or other agency designated by the President to authorize special
rates under the last sentence of paragraph (1)) which identifies
the specific category or categories of employees that will not be
covered by special rates authorized under this section. If the head
of an agency removes a category of employees from coverage under a
special rate authorization after that authorization takes effect,
the loss of coverage will take effect on the first day of the first
pay period after the date of the notice.
(b) The circumstances referred to in subsection (a) are -
(1) rates of pay offered by non-Federal employers being
significantly higher than those payable by the Government within
the area, location, occupational group, or other class of
positions under the pay system involved;
(2) the remoteness of the area or location involved;
(3) the undesirability of the working conditions or the nature
of the work involved (including exposure to toxic substances or
other occupational hazards); or
(4) any other circumstances which the Office of Personnel
Management (or such other agency as the President may under the
last sentence of subsection (a)(1) designate) considers
appropriate.
(c) Authority under subsection (a) may be exercised with respect
to positions paid under -
(1) a statutory pay system; or
(2) any other pay system established by or under Federal
statute for civilian positions within the executive branch.
(d) Within the limitations applicable under the preceding
provisions of this section, rates of pay established under this
section may be revised from time to time by the Office of Personnel
Management (or by such other agency as the President may designate
under the last sentence of subsection (a)(1)). The actions and
revisions have the force and effect of statute.
(e) An increase in a rate of pay established under this section
is not an equivalent increase in pay within the meaning of section
5335.
(f) When a schedule of special rates established under this
section is adjusted under subsection (d), a covered employee's
special rate will be adjusted in accordance with conversion rules
prescribed by the Office of Personnel Management (or by such other
agency as the President may under the last sentence of subsection
(a)(1) designate).
(g)(1) The benefit of any comparability payments under section
5304 shall be available to individuals receiving rates of pay
established under this section to such extent as the Office of
Personnel Management (or such other agency as the President may
under the last sentence of subsection (a)(1) designate) considers
appropriate, subject to paragraph (2) and subsection (h).
(2) Payments under this subsection may not be made if, or to the
extent that, when added to basic pay otherwise payable, such
payments would cause the total to exceed the rate of basic pay
payable for level IV of the Executive Schedule.
(h) An employee shall not for any purpose be considered to be
entitled to a rate of pay established under this section with
respect to any period for which such employee is entitled to a
higher rate of basic pay under any other provision of law. For
purposes of this subsection, the term "basic pay" includes any
applicable locality-based comparability payment under section 5304
or similar provision of law.
(i) If an employee who is receiving a rate of pay under this
section becomes subject, by virtue of moving to a new official duty
station, to a different pay schedule, such employee's new rate of
pay shall be initially established under conversion rules
prescribed by the Office of Personnel Management (or such other
agency as the President may under the last sentence of subsection
(a)(1) designate) in conformance with the following:
(1) First, determine the rate of pay to which such employee
would be entitled at the new official duty station based on such
employee's position, grade, and step (or relative position in the
rate range) before the move.
(2) Then, if (in addition to the change in pay schedule) the
move also involves any personnel action or other change requiring
a rate adjustment under any other provision of law, rule, or
regulation, apply the applicable rate adjustment provisions,
treating the rate determined under paragraph (1) as if it were
the rate last received by the employee before the rate
adjustment.
(j) A rate determined under a schedule of special rates
established under this section shall be considered to be part of
basic pay for purposes of subchapter III of chapter 83, chapter 84,
chapter 87, subchapter V of chapter 55, and section 5941, and for
such other purposes as may be expressly provided for by law or as
the Office of Personnel Management may by regulation prescribe.
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