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5 U.S.C. § 5402 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) “agency” means an Executive agency under section 105, but does not include the Government Accountability Office;
(2) “employee” includes—
(A) an individual paid under a statutory pay system defined in section 5302(1);
(B) a prevailing rate employee, as defined in section 5342(a)(2); and
(C) a category of employees included by the Office of Personnel Management following the review of an agency plan under section 5403(b)(1);
but does not include—
(i) an individual paid at an annual rate of basic pay for a level of the Executive Schedule, under subchapter II of chapter 53, or at a rate provided for one of those levels under another provision of law;
(ii) a member of the Senior Executive Service paid under subchapter VIII of chapter 53, or an equivalent system;
(iii) an administrative law judge paid under section 5372;
(iv) a contract appeals board member paid under section 5372a;
(v) an administrative appeals judge paid under section 5372b; and
(vi) an individual in a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; and
(3) “Office” means the Office of Personnel Management.
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Stable record: federal_law:legal_authorities:record_usc_4255188de9e92c66d4523fdd
Source file: Laws/federal/codes/united-states-code/title-5/section-5402-definitions--92ce46cb0b.md
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Passage SHA-256: 70baa10ed10e9c234dba9d00adb7e79fb42b12fe2073742f5ee9bd1344a0a634
Source location: Title 5, Chapter 54, § 5402; chapter-054-human-capital-performance-fund.md
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For the purpose of this chapter—
(1) “agency” means an Executive agency under section 105, but does not include the Government Accountability Office;
(2) “employee” includes—
(A) an individual paid under a statutory pay system defined in section 5302(1);
(B) a prevailing rate employee, as defined in section 5342(a)(2); and
(C) a category of employees included by the Office of Personnel Management following the review of an agency plan under section 5403(b)(1);
but does not include—
(i) an individual paid at an annual rate of basic pay for a level of the Executive Schedule, under subchapter II of chapter 53, or at a rate provided for one of those levels under another provision of law;
(ii) a member of the Senior Executive Service paid under subchapter VIII of chapter 53, or an equivalent system;
(iii) an administrative law judge paid under section 5372;
(iv) a contract appeals board member paid under section 5372a;
(v) an administrative appeals judge paid under section 5372b; and
(vi) an individual in a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; and
(3) “Office” means the Office of Personnel Management.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “agency” means—
(A) an Executive agency;
(B) the Library of Congress;
(C) the Office of the Architect of the Capitol;
(D) the Botanic Garden;
(E) the Government Publishing Office;
(F) the government of the District of Columbia; and
(G) the United States Sentencing Commission;
but does not include—
(i) the Tennessee Valley Authority; or
(ii) the Central Bank for Cooperatives;
(2) “employee” means—
(A) an employee as defined by section 2105; and
(B) an individual employed by the government of the District of Columbia; and
(3) “Government” means the Government of the United States and the government of the District of Columbia.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4501
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule.
(2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303.
**(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5332
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5334
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee paid on an annual basis, and occupying a permanent position within the scope of the General Schedule, who has not reached the maximum rate of pay for the grade in which his position is placed, shall be advanced in pay successively to the next higher rate within the grade at the beginning of the next pay period following the completion of—
(1) each 52 calendar weeks of service in pay rates 1, 2, and 3;
(2) each 104 calendar weeks of service in pay rates 4, 5, and 6; or
(3) each 156 calendar weeks of service in pay rates 7, 8, and 9;
subject to the following conditions:
(A) the employee did not receive an equivalent increase in pay from any cause during that period; and
(B) the work of the employee is of an acceptable level of competence as determined by the head of the agency.
**(b)** Under regulations prescribed by the Office of Personnel Management, the benefit of successive step-increases shall be preserved for employees whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency.
**(c)** When a determination is made under subsection (a) of this section that the work of an employee is not of an acceptable level of competence, the employee is entitled to prompt written notice of that determination and an opportunity for reconsideration of the determination within his agency under uniform procedures prescribed by the Office of Personnel Management. If the determination is affirmed on reconsideration, the employee is entitled to appeal to the Merit Systems Protection Board. If the reconsideration or appeal results in a reversal of the earlier determination, the new determination supersedes the earlier de
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5335
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Within the limit of available appropriations and under regulations prescribed by the Office of Personnel Management, the head of each agency may grant additional step-increases in recognition of high quality performance above that ordinarily found in the type of position concerned. However, an employee is eligible under this section for only one additional step-increase within any 52-week period.
**(b)** A step-increase under this section is in addition to those under [section 5335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5335&num=0&edition=prelim) and is not an equivalent increase in pay within the meaning of [section 5335(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5335/a&num=0&edition=prelim).
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5336
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Federal law — U.S. Code and appendices · legal_authorities
Page 632
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5402
most valuable employees. This Fund will offer
Federal managers a new tool to recognize em-
ployee performance that is critical to the
achievement of agency missions.
(Added Pub. L. 108–136, div. A, title XI, § 1129(a),
Nov. 24, 2003, 117 Stat. 1642.)
Editorial Notes
PRIOR PROVISIONS
A prior section 5401, added Pub. L. 95–454, title V,
§ 501, Oct. 13, 1978, 92 Stat. 1180; amended Pub. L. 97–346,
§ 2, Oct. 15, 1982, 96 Stat. 1647; Pub. L. 98–615, title II,
§ 201(a), Nov. 8, 1984, 98 Stat. 3208; Pub. L. 102–378, § 2(37),
Oct. 2, 1992, 106 Stat. 1351, stated purpose of chapter to
provide a performance management and recognition
system, prior to repeal by Pub. L. 103–89, § 3(a)(1), (c),
Sept. 30, 1993, 107 Stat. 981, 983, eff. Nov. 1, 1993.
§ 5402. Definitions
For the purpose of this chapter—
(1) ‘‘agency’’ means an Executive agency
under section 105, but does not include the
Government Accountability Office;
(2) ‘‘employee’’ includes—
(A) an individual paid under a statutory
pay system defined in section 5302(1);
(B) a prevailing rate employee, as defined
in section 5342(a)(2); and
(C) a category of employees included by
the Office of Personnel Management fol-
lowing the review of an agency plan under
section 5403(b)(1);
but does not include—
(i) an individual paid at an annual rate of
basic pay for a level of the Executive Sched-
ule, under subchapter II of chapter 53, or at
a rate provided for one of those levels under
another provision of law;
(ii) a member of the Senior Executive
Service paid under subchapter VIII of chap-
ter 53, or an equivalent system;
(iii) an administrative law judge paid
under section 5372;
(iv) a contract appeals board member paid
under section 5372a;
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5402
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