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5 U.S.C. § 5362 — Grade retention following a change of positions or reclassification

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5362 — Grade retention following a change of positions or reclassification

**(a)** Any employee— (1) who is placed as a result of reduction-in-force procedures from a position subject to this subchapter to another position which is subject to this subchapter and which is in a lower grade than the previous position, and (2) who has served for 52 consecutive weeks or more in one or more positions subject to this subchapter at a grade or grades higher than that of the new position, is entitled, to the extent provided in subsection (c) of this section, to have the grade of the position held immediately before such placement be considered to be the retained grade of the employee in any position he holds for the 2-year period beginning on the date of such placement. **(b)** (1) Any employee who is in a position subject to this subchapter and whose position has been reduced in grade is entitled, to the extent provided in subsection (c) of this section, to have the grade of such position before reduction be treated as the retained grade of such employee for the 2-year period beginning on the date of the reduction in grade. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to any reduction in the grade of a position which had not been classified at the higher grade for a continuous period of at least one year immediately before such reduction. **(c)** For the 2-year period referred to in subsections (a) and (b) of this section, the retained grade of an employee under such subsection (a) or (b) shall be treated as the grade of the employee’s position for all purposes (including pay and pay administration under this chapter and chapter 55 of this title, retirement and life insurance under chapters 83, 84, and 87 of this title, and eligibility for training and promotion under this title) except— (1) for purposes of

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Source location: Title 5, Chapter 53, § 5362; chapter-053-pay-rates-and-systems.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5365 — Regulations

**(a)** The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter. **(b)** Under such regulations, the Office may provide for the application of all or portions of the provisions of this subchapter (subject to any conditions or limitations the Office may establish)— (1) to any individual reduced to a grade of a covered pay schedule from a position not subject to this subchapter; (2) to individuals to whom such provisions do not otherwise apply; and (3) to situations the application to which is justified for purposes of carrying out the mission of the agency or agencies involved. Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105(c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3372 — General provisions

**(a)** On request from or with the concurrence of a State or local government, and with the consent of the employee concerned, the head of a Federal agency may arrange for the assignment of— (1) an employee of his agency, other than a noncareer appointee, limited term appointee, or limited emergency appointee (as such terms are defined in [section 3132(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim)) in the Senior Executive Service and an employee in a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character, to a State or local government; and (2) an employee of a State or local government to his agency; for work of mutual concern to his agency and the State or local government that he determines will be beneficial to both. The period of an assignment under this subchapter may not exceed two years. However, the head of a Federal agency may extend the period of assignment for not more than two additional years. In the case of assignments made to Indian tribes or tribal organizations as defined in section 3371(2)(C) of this subchapter, the head of an executive agency may extend the period of assignment for any period of time where it is determined that this will continue to benefit both the executive agency and the Indian tribe or tribal organization. If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the Secretary may assign the employee to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement employee. That agreement may provide for a different pe

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5372 — Administrative law judges

**(a)** For the purposes of this section, the term “administrative law judge” means an administrative law judge appointed under section 3105. **(b)** (1) (A) There shall be 3 levels of basic pay for administrative law judges (designated as AL–1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the provisions of this section. (B) Within level AL–3, there shall be 6 rates of basic pay, designated as AL–3, rates A through F, respectively. Level AL–2 and level AL–1 shall each have 1 rate of basic pay. (C) The rate of basic pay for AL–3, rate A, may not be less than 65 percent of the rate of basic pay for level IV of the Executive Schedule, and the rate of basic pay for AL–1 may not exceed the rate for level IV of the Executive Schedule. (2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level. (3) (A) Upon appointment to a position in AL–3, an administrative law judge shall be paid at rate A of AL–3, and shall be advanced successively to rates B, C, and D of that level at the beginning of the next pay period following completion of 52 weeks of service in the next lower rate, and to rates E and F of that level at the beginning of the next pay period following completion of 104 weeks of service in the next lower rate. (B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL–3 at an advanced rate under such circumstances as the Office may determine appropriate. (4) Subject to paragraph (1), effective at the beginning of the first applicable pay p

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5342/a/2&num=0&edition=prelim), whose employment is other than on a temporary or term basis; (2) “agency” has the meaning given it by [section 5102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102&num=0&edition=prelim); (3) “retained grade” means the grade used for determining benefits to which an employee to whom [section 5362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5362&num=0&edition=prelim) applies is entitled; (4) “rate of basic pay” means— (A) the rate of basic pay payable to an employee under law or regulations before any deductions or additions of any kind, but including— (i) any applicable locality-based comparability payment under section 5304 or similar provision of law; (ii) any applicable special pay under section 5305 or similar provision of law; and (iii) subject to such regulations as the Office of Personnel Management may prescribe, any applicable existing retained rate of pay established under section 5363 or similar provision of law; and (B) in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343; (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; (7) “reduction-in-force procedures” means procedures

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5363 — Pay retention

**(a)** Any employee— (1) who ceases to be entitled to the benefits of [section 5362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5362&num=0&edition=prelim) by reason of the expiration of the 2-year period of coverage provided under such section; (2) who is in a position subject to this subchapter and who is subject to a reduction or termination of a special rate of pay established under [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5305&num=0&edition=prelim) (or corresponding prior provision of this title); (3) who is in a position subject to this subchapter and who (but for this section) would be subject to a reduction in pay under circumstances prescribed by the Office of Personnel Management by regulation to warrant the application of this section; or (4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of chapter 53; is entitled to a rate of basic pay in accordance with regulations prescribed by the Office of Personnel Management in conformity with the provisions of this section. **(b)** (1) (A) If, as a result of any event described in subsection (a), the employee’s former rate of basic pay is less than or equal to the maximum rate of basic pay payable for the grade of the employee’s position immediately after the occurrence of the event involved, the employee is entitled to basic pay at the lowest rate of basic pay payable for such grade that equals or exceeds such former rate of basic pay. (B) This section shall cease to apply to an employee to whom subparagraph (A) applies once the appropriate rate of basic pay has been determined for such employee unde

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5362 — Grade retention following a change of po-

Page 613 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5362 L. 101–509, title V, § 529 [title I, § 105(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1448; Pub. L. 103–89, § 3(b)(1)(J), Sept. 30, 1993, 107 Stat. 982; Pub. L. 108–411, title III, § 301(a)(4), Oct. 30, 2004, 118 Stat. 2315.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in par. (5), is set out under section 5332 of this title. 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, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221. AMENDMENTS 2004—Par. (4). Pub. L. 108–411, § 301(a)(4)(A), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘ ‘rate of basic pay’ means, in the case of a pre- vailing rate employee, the scheduled rate of pay deter- mined under section 5343 of this title;’’. Par. (8). Pub. L. 108–411, § 301(a)(4)(B)–(D), added par. (8). 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 sys- tem under chapter 54 of this title’’. 1990—Par. (5). Pub. L. 101–509 inserted ‘‘a special occu- pational pay system under subchapter IX,’’ before ‘‘or the performance’’. 1984—Par. (5). Pub. L. 98–615 substituted ‘‘perform- ance management and recognition system’’ for ‘‘merit pay system’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–411 effective on the first day of the first applicable pay period beginning on or after the 180th day after Oct. 30, 2004, with provisions relat

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