5 U.S.C. § 5336 — Additional step-increases

Page 599 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5336 Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (a), is set out under section 5332 of this title. AMENDMENTS 1993—Subsec. (e). Pub. L. 103–89, § 3(b)(1)(H)(i), struck out ‘‘covered by the performance management and rec- ognition system established under chapter 54 of this title, or,’’ after ‘‘individual’’. Subsecs. (f), (g). Pub. L. 103–89, § 3(b)(1)(H)(ii), redesig- nated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: ‘‘Notwithstanding subsection (b) or (e) of this section, an increase in pay granted under section 5404 of this title is an equivalent increase in pay within the meaning of subsection (a) of this section and shall be taken into account in the case of any em- ployee who, before becoming subject to this section, was granted such an increase while covered by the per- formance management and recognition system estab- lished under chapter 54 of this title.’’ 1990—Subsec. (a)(B). Pub. L. 101–509 struck out ‘‘, except an administrative law judge appointed under section 3105 of this title,’’ after ‘‘work of the em- ployee’’. Subsec. (g). Pub. L. 101–508 added subsec. (g). 1984—Subsec. (e). Pub. L. 98–615, § 204(a)(1), sub- stituted ‘‘the performance management and recogni- tion system established under chapter 54’’ for ‘‘the merit pay system established under section 5402’’. Subsec. (f). Pub. L. 98–615, § 203, added subsec. (f). 1979—Subsec. (a)(3)(B). Pub. L. 96–54 substituted ‘‘an administrative law judge’’ for ‘‘a administrative law judge’’. 1978—Subsec. (a). Pub. L. 95–251 substituted ‘‘adminis- trative law judge’’ for ‘‘hearing examiner’’. Subsec. (b). Pub. L. 95–454, § 906(a)(2), substituted ‘‘Of- fice of Personnel Management’’ for ‘‘Civil Service Com- mission’’. Subsec. (c). Pub. L. 95–454, § 906(a)(8), substituted ref- erences to Office of Personnel Management and Merit Systems Protection Board and Office and Board, re- spectively, for references to Civil Service Commission wherever appearing in text. Subsec. (e). Pub. L. 95–454, § 503(g), inserted reference to merit pay system established under section 5402 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title. EFFECTIVE DATE OF 1990 AMENDMENTS Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title. Amendment by Pub. L. 101–508 applicable with re- spect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund in- strumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from em- ployment in Department or Coast Guard, that is not described in section 2105(c), to employment in non- appropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–615, title II, § 205, Nov. 8, 1984, 98 Stat. 3217, provided that amendment by Pub. L. 98–615 was effec- tive Oct. 1, 1984, and applicable with respect to pay pe- riods commencing on or after that date, with certain exceptions and qualifications. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–454, title V, § 504(a), Oct. 13, 1978, 92 Stat. 1184, provided that amendment by section 503(g) of Pub. L. 95–454 was effective on first day of first applicable pay period which began on or after Oct. 1, 1981, except it could take effect with respect to any category or cat- egories of positions before such day to extent pre- scribed by Director of Office of Personnel Management. Amendment by section 906(a)(2), (8) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. DELAY OF PERIODIC STEP INCREASE FOR CIVILIAN EM- PLOYEES OF THE DEPARTMENT OF DEFENSE BASED UPON UNACCEPTABLE PERFORMANCE Pub. L. 114–92, div. A, title XI, § 1106, Nov. 25, 2015, 129 Stat. 1024, provided that: ‘‘(a) DELAY.—Under procedures established by the Secretary of Defense, upon a determination by the Sec- retary that the work of an employee is not at an ac- ceptable level of competence, the period of time during which the work of the employee is not at an acceptable level of competence shall not count toward completion of the period of service required for purposes of sub- section (a) of section 5335 of title 5, United States Code, or subsection (e)(1) or (e)(2) of section 5343 of such title. ‘‘(b) APPLICABILITY TO PERIODS OF SERVICE.—Sub- section (a) shall not apply with respect to any period of service performed before the date of the enactment of this Act [Nov. 25, 2015].’’ PAY INCREASES DEEMED EQUIVALENT INCREASES IN PAY Pub. L. 103–89, § 5(a), Sept. 30, 1993, 107 Stat. 984, pro- vided that: ‘‘Notwithstanding the amendment made by section 3(b)(1)(H)(ii) [amending this section], an in- crease in pay granted under section 5404 of title 5, United States Code, before November 1, 1993, shall be deemed to be an equivalent increase in pay within the meaning of section 5335(a) of such title.’’ § 5336. Additional step-increases (a) Within the limit of available appropria- tions 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 posi- tion 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 ad- dition to those under section 5335 of this title and is not an equivalent increase in pay within the meaning of section 5335(a) of this title. 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 title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–615, title II, § 205, Nov. 8, 1984, 98 Stat. 3217, provided that amendment by Pub. L. 98–615 was effec- tive Oct. 1, 1984, and applicable with respect to pay pe- riods commencing on or after that date, with certain exceptions and qualifications. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–454, title V, § 504(a), Oct. 13, 1978, 92 Stat. 1184, provided that amendment by section 503(h) of Pub. L. 95–454 was effective on first day of first applicable pay period which began on or after Oct. 1, 1981, except it could take effect with respect to any category or cat- egories of positions before such day to extent pre- scribed by Director of Office of Personnel Management. Amendment by section 906(a)(2) of Pub. L. 95–454 ef- fective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. [§ 5337. Repealed. Pub. L. 95–454, title VIII, § 801(a)(2), Oct. 13, 1978, 92 Stat. 1221] Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 470; Pub. L. 92–392, § 3, Aug. 19, 1972, 86 Stat. 573, set forth provi- sions relating to pay saving for employees reduced in grade from a grade in the General Schedule. See sec- tion 5361 et seq. 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. § 5338. Regulations The Office of Personnel Management may pre- scribe regulations necessary for the administra- tion of this subchapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 470; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES The section is added on authority of former sections 1072 and 1072a, which are carried into section 5115. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. SUBCHAPTER IV—PREVAILING RATE SYSTEMS § 5341. Policy 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 pre- vailing 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 sub- stantial or recognizable differences in duties, responsibilities, and qualification require- ments among positions; (3) the level of rates of pay will be main- tained in line with prevailing levels for com- parable work within a local wage area; and (4) the level of rates of pay will be main- tained so as to attract and retain qualified prevailing rate employees. (Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 564.) Editorial Notes PRIOR PROVISIONS A prior section 5341, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471; Pub. L. 90–83, § 1(97), Sept. 11, 1967, 81 Stat.