5 U.S.C. § 5337 — Untitled legal text

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.