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5 U.S.C. § 5337 — Repealed. Pub. L. 95–454, title VIII, § 801(a)(2), Oct. 13, 1978, 92 Stat. 1221]

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

5 U.S.C. § 5337 — Repealed. Pub. L. 95–454, title VIII, § 801(a)(2), Oct. 13, 1978, 92 Stat. 1221]

### Statutory Notes Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 470; Pub. L. 92–392, § 3, Aug. 19, 1972, 86 Stat. 573, set forth provisions relating to pay saving for employees reduced in grade from a grade in the General Schedule. See section 5361 et seq. of this title. #### Effective Date of Repeal Repeal effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, and an employee receiving pay on day before such effective date not to have such pay reduced or terminated and, unless section 5362 applies, employee is entitled to continuation of such pay, etc., see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under [section 5361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5361&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-5/section-5337-repealed-pub-l-95454-title-viii-801-a-2-oct-13-1978-92-stat-1221--ee0460b175.md
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Source location: Title 5, Chapter 53, § 5337; chapter-053-pay-rates-and-systems.md

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### Statutory Notes Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 470; Pub. L. 92–392, § 3, Aug. 19, 1972, 86 Stat. 573, set forth provisions relating to pay saving for employees reduced in grade from a grade in the General Schedule. See section 5361 et seq. of this title. #### Effective Date of Repeal Repeal effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, and an employee receiving pay on day before such effective date not to have such pay reduced or terminated and, unless section 5362 applies, employee is entitled to continuation of such pay, etc., see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under [section 5361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5361&num=0&edition=prelim).

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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

28 U.S.C. § 509 — Functions of the Attorney General

All functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General except the functions— (1) vested by subchapter II of chapter 5 of title 5 in administrative law judges employed by the Department of Justice; (2) of the Federal Prison Industries, Inc.; and (3) of the Board of Directors and officers of the Federal Prison Industries, Inc.

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

5 U.S.C. § 5107 — Classification of positions

Except as otherwise provided by this chapter, each agency shall place each position under its jurisdiction in its appropriate class and grade in conformance with standards published by the Office of Personnel Management or, if no published standards apply directly, consistently with published standards. When facts warrant, an agency may change a position which it has placed in a class or grade under this section from that class or grade to another class or grade. Subject to subchapter VI of chapter 53 of this title, these actions of an agency are the basis for pay and personnel transactions until changed by certificate of the Office.

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

5 U.S.C. § 5334 — Rate on change of position or type of appointment; regulations

**(a)** The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when— (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he is demoted to a position in a lower grade; (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his type of appointment is changed; (6) his employment status is otherwise changed; or (7) his position is changed from one grade to another grade. For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under [section 14306(a)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/a/2&num=0&edition=prelim), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply. **(b)** An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic

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

5 U.S.C. § 5337 — Untitled legal text

Page 600 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES [§ 5337 (c) This section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 469; Pub. L. 95–454, title V, § 503(h), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1184, 1224; Pub. L. 98–615, title II, § 204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 103–89, § 3(b)(1)(I), Sept. 30, 1993, 107 Stat. 982.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a), (b) ....... 5 U.S.C. 1122. Oct. 11, 1962, Pub. L. 87–793, § 603 ‘‘Sec. 702’’, 76 Stat. 847. (c) ............. 5 U.S.C. 1123 (less applicability to 5 U.S.C. 1121). Oct. 11, 1962, Pub. L. 87–793, § 603 ‘‘Sec. 703 (less appli- cability to § 701)’’, 76 Stat. 847. For repeal of Title VII (sections 701–705) of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 967–969, as amended, see re- vision note for section 5335. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1993—Subsec. (c). Pub. L. 103–89 struck out ‘‘covered by the performance management and recognition sys- tem established under chapter 54 of this title, or,’’ after ‘‘individual’’. 1984—Subsec. (c). Pub. L. 98–615 substituted ‘‘the per- formance management and recognition system estab- lished under chapter 54’’ for ‘‘the merit pay system es- tablished under section 5402’’. 1978—Subsec. (a). Pub. L. 95–454, § 906(a)(2), sub- stituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Subsec. (c). Pub. L. 95–454, § 503(h), inserted reference to merit pay system established under section 5402 of this

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