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5 U.S.C. § 5345 — Repealed.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5 U.S.C. § 5345 — Repealed. Pub. L. 95–454, title VIII, § 801(a)(2), Oct. 13, 1978, 92 Stat. 1221]

### Statutory Notes Section, added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 569, related to retained rate of pay on reduction in grade or reassignment. A prior section 5345, added Pub. L. 90–206, title II, § 223(a), Dec. 16, 1967, 81 Stat. 641, which provided for position classification appeals, was omitted in the general amendment of this subchapter, and is covered by [section 5346(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5346/c&num=0&edition=prelim). #### 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 location: Title 5, Chapter 53, § 5345; chapter-053-pay-rates-and-systems.md

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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. § 5349 — Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia

**(a)** The pay of employees, described under [section 5102(c)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102/c/7&num=0&edition=prelim), in the Library of Congress, the Botanic Garden, the Government Publishing Office, the Government Accountability Office, the Office of the Architect of the Capitol, the Bureau of Engraving and Printing, and the government of the District of Columbia, shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and in accordance with such provisions of this subchapter, including the provisions of section 5344, relating to retroactive pay, and subchapter VI of this chapter, relating to grade and pay retention, as the pay-fixing authority of each such agency may determine. Subject to [section 213(f) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section213/f&num=0&edition=prelim), the rates may not be less than the appropriate rates provided for by [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim). If the pay-fixing authority concerned determines that the provisions of subchapter VI of this chapter should apply to any employee under his jurisdiction, then the employee concerned shall be deemed to have satisfied the requirements of [section 5361(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5361/1&num=0&edition=prelim) if the tenure of his appointment is substantially equivalent to the tenure of any appointment referred to in such paragraph. **(b)** Subsection (a) of this section does not modify or otherwise affect [section 5102(d) of this title](http

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

5 U.S.C. § 5542 — Overtime rates; computation

**(a)** For full-time, part-time and intermittent tours of duty, hours of work officially ordered or approved in excess of 40 hours in an administrative workweek, or (with the exception of an employee engaged in professional or technical engineering or scientific activities for whom the first 40 hours of duty in an administrative workweek is the basic workweek and an employee whose basic pay exceeds the minimum rate for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) for whom the first 40 hours of duty in an administrative workweek is the basic workweek) in excess of 8 hours in a day, performed by an employee are overtime work and shall be paid for, except as otherwise provided by this subchapter, at the following rates: (1) For an employee whose basic pay is at a rate which does not exceed the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay. (2) For an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of one and one-half times the hourly rate of the minimum rate of basic pay fo

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

5 U.S.C. § 5345 — Untitled legal text

Page 608 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES [§ 5345 [§ 5345. Repealed. Pub. L. 95–454, title VIII, § 801(a)(2), Oct. 13, 1978, 92 Stat. 1221] Section, added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 569, related to retained rate of pay on reduction in grade or reassignment. A prior section 5345, added Pub. L. 90–206, title II, § 223(a), Dec. 16, 1967, 81 Stat. 641, which provided for po- sition classification appeals, was omitted in the gen- eral amendment of this subchapter, and is covered by section 5346(c) of this title. Statutory Notes and Related Subsidiaries 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 ef- fective date not to have such pay reduced or termi- nated and, unless section 5362 applies, employee is enti- tled 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. § 5346. Job grading system (a) The Office of Personnel Management, after consulting with the agencies and with employee organizations, shall establish and maintain a job grading system for positions to which this sub- chapter applies. In carrying out this subsection, the Office shall— (1) establish the basic occupational aline- ment and grade structure or structures for the job grading system; (2) establish and define individual occupa- tions and the boundaries of each occupation; (3) establish job titles within occupations; (4) develop and publish job grading stand- ards; and (5) provide a method to assure consistency in the application of job standards. (b) The Office, from time to time, shall review such numbers of position

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