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5 U.S.C. § 5344 — Effective date of wage increase; retroactive pay
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each increase in rates of basic pay granted, pursuant to a wage survey, to prevailing rate employees is effective not later than the first day of the first pay period which begins on or after the 45th day, excluding Saturdays and Sundays, following the date the wage survey is ordered to be made.
**(b)** Retroactive pay is payable by reason of an increase in rates of basic pay referred to in subsection (a) of this section only when—
(1) the individual is in the service of the Government of the United States, including service in the armed forces, or the government of the District of Columbia on the date of the issuance of the order granting the increase; or
(2) the individual retired or died during the period beginning on the effective date of the increase and ending on the date of issuance of the order granting the increase, and only for services performed during that period.
For the purpose of this subsection, service in the armed forces includes the period provided by statute for the mandatory restoration of the individual to a position in or under the Government of the United States or the government of the District of Columbia after he is relieved from training and service in the armed forces or discharged from hospitalization following that training and service.
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Stable record: federal_law:legal_authorities:record_usc_7337f058662445f355f2ee08
Source file: Laws/federal/codes/united-states-code/title-5/section-5344-effective-date-of-wage-increase-retroactive-pay--20cbbfa465.md
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Passage SHA-256: 84fe975941cc6d1d26a4ef24e0b34b065ed463a5c91191b81f30ec79b91e1472
Source location: Title 5, Chapter 53, § 5344; chapter-053-pay-rates-and-systems.md
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**(a)** Each increase in rates of basic pay granted, pursuant to a wage survey, to prevailing rate employees is effective not later than the first day of the first pay period which begins on or after the 45th day, excluding Saturdays and Sundays, following the date the wage survey is ordered to be made.
**(b)** Retroactive pay is payable by reason of an increase in rates of basic pay referred to in subsection (a) of this section only when—
(1) the individual is in the service of the Government of the United States, including service in the armed forces, or the government of the District of Columbia on the date of the issuance of the order granting the increase; or
(2) the individual retired or died during the period beginning on the effective date of the increase and ending on the date of issuance of the order granting the increase, and only for services performed during that period.
For the purpose of this subsection, service in the armed forces includes the period provided by statute for the mandatory restoration of the individual to a position in or under the Government of the United States or the government of the District of Columbia after he is relieved from training and service in the armed forces or discharged from hospitalization following that training and service.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The pay of prevailing rate employees shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates. 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 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). To carry out this subsection—
(1) the Office of Personnel Management shall define, as appropriate—
(A) with respect to prevailing rate employees other than prevailing rate employees under paragraphs (B) and (C) of [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), the boundaries of—
(i) individual local wage areas for prevailing rate employees having regular wage schedules and rates; and
(ii) wage areas for prevailing rate employees having special wage schedules and rates;
(B) with respect to prevailing rate employees under paragraphs (B) and (C) of [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), the boundaries of—
(i) individual local wage areas for prevailing rate employees under such paragraphs having regular wage schedules and rates (but such boundaries shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed); and
(ii) wage areas for prevailing rate employees under such paragraphs having special wage schedules and rates;
(2) the Office of Personnel Management shall designate a lead age
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5343
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that—
(1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area;
(2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions;
(3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area; and
(4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5341
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim); and
(B) an individual employed by the government of the District of Columbia;
but does not include an employee of—
(i) a Federal land bank;
(ii) a Federal intermediate credit bank;
(iii) a regional bank for cooperatives; or
(iv) the Senate within the purview of [section 36a of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section36a&num=0&edition=prelim); 11 See References in Text note below. and
(2) “money due” means the pay and allowances due on account of the services of a deceased employee for the Government of the United States or the government of the District of Columbia. It includes, but is not limited to—
(A) per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection therewith for which reimbursement is due;
(B) allowances on change of official station;
(C) quarters and cost-of-living allowances and overtime or premium pay;
(D) amounts due for payment of cash awards for employees’ suggestions;
(E) amounts due as refund of pay deductions for United States savings bonds;
(F) payment for accumulated and current accrued annual or vacation leave equal to the pay the deceased employee would have received had he lived and remained in the service until the end of the period of annual or vacation leave;
(G) amounts of checks drawn for pay and allowances which were not delivered by the Government to the employee during his lifetime;
(H) amounts of unnegotiated checks returned to the
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5581
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim);
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8331
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Federal law — U.S. Code and appendices · legal_authorities
Page 607
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5344
to him. In addition, if an employee is receiving re-
tained pay by virtue of law or agency policy imme-
diately before the date on which the first wage schedule
applicable to him under this Act is effective, he shall
continue to retain that pay in accordance with the spe-
cific instructions under which the retained pay was
granted until he leaves his position or until he becomes
entitled to a higher rate.’’
LABOR CONTRACTS PERTAINING TO WAGES, TERMS AND
CONDITIONS
OF
EMPLOYMENT, AND
OTHER
EMPLOY-
MENT BENEFITS
Pub. L. 92–392, § 9(b), Aug. 19, 1972, 86 Stat. 574, pro-
vided that: ‘‘The amendments made by this Act [enact-
ing this subchapter and section 5550 of this title,
amending sections 2105(c)(1), 5337, 5541(2)(xi), 5544(a),
5548, 6101(a)(1), 7154(b), and 8704(d)(2) of this title, re-
pealing section 6102 of this title, and enacting provi-
sions set out as notes under sections 5341 and 5343 of
this title and section 60a of Title 2, The Congress] shall
not be construed to—
‘‘(1) abrogate, modify, or otherwise affect in any
way the provisions of any contract in effect on the
date of enactment of this Act [Aug. 19, 1972] per-
taining to the wages, the terms and conditions of em-
ployment, and other employment benefits, or any of
the foregoing matters, for Government prevailing
rate employees and resulting from negotiations be-
tween Government agencies and organizations of
Government employees;
‘‘(2) nullify, curtail, or otherwise impair in any way
the right of any party to such contract to enter into
negotiations after the date of enactment of this Act
[Aug. 19, 1972] for the renewal, extension, modifica-
tion, or improvement of the provisions of such con-
tract or for the replacement of s
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5344
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