5 U.S.C. § 5344 — Effective date of wage increase; retro-

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 such contract with a new contract; or ‘‘(3) nullify, change, or otherwise affect in any way after such date of enactment [Aug. 19, 1972] any agreement, arrangement, or understanding in effect on such date [Aug. 19, 1972] with respect to the var- ious items of subject matter of the negotiations on which any such contract in effect on such date [Aug. 19, 1972] is based or prevent the inclusion of such items of subject matter in connection with the re- negotiation of any such contract, or the replacement of such contract with a new contract, after such date [Aug. 19, 1972].’’ WAGE SURVEY Pub. L. 92–392, § 15(b), Aug. 19, 1972, 86 Stat. 575, pro- vided that: ‘‘A wage survey conducted by an agency be- fore the effective date (with respect to employees cov- ered by that wage survey) of this Act [see note under section 5341 of this title], for a wage schedule which be- comes effective after that effective date [Aug. 19, 1972], is deemed to meet the requirement in this Act for a survey by a lead agency.’’ EQUITABLE WAGE ADJUSTMENTS FOR CERTAIN PREVAILING RATE EMPLOYEES Pub. L. 92–298, §§ 1, 2, May 17, 1972, 86 Stat. 146, pro- vided: ‘‘That this Act [enacting this note and amending sections 4531 and 4571 of Title 2, The Congress] may be cited as the ‘Prevailing Rate Equalization Adjustment Act of 1972’. ‘‘SEC. 2. (a) Notwithstanding any other provision of law or any provision of an Executive order or regula- tion, a wage schedule adjustment for employees of the Government of the United States whose pay is fixed and adjusted from time to time in accordance with pre- vailing rates— ‘‘(1) if based on a wage survey ordered to be made on or after August 15, 1971, but not placed into effect before November 14, 1971, by reason of the provisions of Executive Order 11615 or Executive Order 11627 [for- merly set out as notes under section 1904 of Title 12]; or ‘‘(2) if based on a wage survey which had been scheduled to be made during the period beginning on September 1, 1971, and ending on January 12, 1972, and which was ordered to be made on or after January 23, 1972; shall be effective on the date on which such wage schedule adjustment would have been effective under section 5343 of title 5, United States (Code), had the fis- cal year 1972 schedule for wage surveys for such em- ployees been followed. ‘‘(b) Retroactive pay made under the provisions of this section will be made in accordance with section 5344 of title 5, United States Code.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 5344. Effective date of wage increase; retro- active pay (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 Sun- days, following the date the wage survey is or- dered to be made. (b) Retroactive pay is payable by reason of an increase in rates of basic pay referred to in sub- section (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 in- dividual to a position in or under the Govern- ment 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. (Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 568.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising subsec. (a) of this section were contained in Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471 (formerly classified to section 5343 of this title) prior to the general amendment of this sub- chapter by section 1(a) of Pub. L. 92–392. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as a note under section 5341 of this title. 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 positions in each agency as will enable the Office to determine whether the agency is placing positions in occupations and grades in conformance with or consistently with published job standards. When the Office finds that a position is not placed in its proper occu- pation and grade in conformance with published standards or that a position for which there is no published standard is not placed in the occu- pation and grade consistently with published standards, it shall, after consultation with ap- propriate officials of the agency concerned, place the position in its appropriate occupation and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, dis- bursing, and accounting officials. (c) On application, made in accordance with regulations prescribed by the Office, by a pre- vailing rate employee for the review of the ac- tion of an employing agency in placing his posi- tion in an occupation and grade for pay pur- poses, the Office shall— (1) ascertain currently the facts as to the du- ties, responsibilities, and qualification re- quirements of the position; (2) decide whether the position has been placed in the proper occupation and grade; and (3) approve, disapprove, or modify, in accord- ance with its decision, the action of the em- ploying agency in placing the position in an occupation and grade. The Office shall certify to the agency concerned its action under paragraph (3) of this subsection. The agency shall act in accordance with the cer- tificate, and the certificate is binding on all ad- ministrative, certifying, payroll, disbursing, and accounting officials. (Added Pub. L. 90–206, title II, § 223(a), Dec. 16, 1967, 81 Stat. 641, § 5345; renumbered § 5346 and amended Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 570; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.) Editorial Notes AMENDMENTS 1978—Subsecs. (a) to (c). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ and ‘‘Office’’ for ‘‘Civil Service Commission’’ and ‘‘Commission’’, respec- tively, wherever appearing. 1972—Subsecs. (a), (b). Pub. L. 92–392 added subsecs. (a) and (b). Subsec. (c). Pub. L. 92–392 designated existing provi- sions as subsec. (c) and substituted in introductory text ‘‘Commission’’, ‘‘a prevailing rate of employee’’ and ‘‘in placing his position in an occupation and grade’’ for ‘‘Civil Service Commission’’, ‘‘an employee subject to section 5341(a) of this title’’ and ‘‘in classifying his po- sition’’, respectively, in par. (2) ‘‘placed in the proper occupation and grade’’ for ‘‘properly classified’’, in par. (3) ‘‘in placing the position in an occupation and grade’’ for ‘‘in classifying the position’’ and in last sentence ‘‘subsection’’ for ‘‘section’’. 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. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under section 5341 of this title. § 5347. Federal Prevailing Rate Advisory Com- mittee (a) There is established a Federal Prevailing Rate Advisory Committee composed of— (1) the Chairman, who shall not hold any other office or position in the Government of the United States or the government of the District of Columbia, and who shall be ap- pointed by the Director of the Office of Per- sonnel Management for a 4-year term; (2) one member from the Office of the Sec- retary of Defense, designated by the Secretary of Defense; (3) two members from the military depart- ments, designated by the Director of the Office of Personnel Management; (4) one member, designated by the Director of the Office of Personnel Management from time to time from an agency (other than the Department of Defense, a military depart- ment, and the Office of Personnel Manage- ment); (5) an employee of the Office of Personnel Management, designated by the Director of the Office of Personnel Management; and