5 U.S.C. § 5331 — Definitions; application

Page 587 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5332 equal to or greater than the rate of basic pay for level V of the Executive Schedule under section 5316 of this title or limited to a maximum rate equal to or greater than the rate of basic pay for such level V under sec- tion 5308 of this title or any other provision of law or congressional resolution. Similar provisions were contained in Pub. L. 96–369, § 101(c), Oct. 1, 1980, 94 Stat. 1352. FISCAL YEAR 1980 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR CERTAIN POSITIONS Pub. L. 96–86, § 101(c), Oct. 12, 1979, 93 Stat. 657, for the fiscal year 1980, prohibited the use of funds available for payment to executive employees, including Mem- bers of Congress, entitled under existing law to ap- proximately 12.9 percent increase in pay, to pay any such employee or official any sum in excess of 5.5 per- cent increase in existing pay, and such sum, if accept- ed, would be in lieu of the 12.9 percent due for such fis- cal year. FISCAL YEAR 1979 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR CERTAIN POSITIONS Pub. L. 95–429, title VI, § 613, Oct. 10, 1978, 92 Stat. 1017, prohibited the use of funds appropriated for the fiscal year ending Sept. 30, 1979, to pay the salary or pay of any individual in any office or position in the legislative, executive, or judicial branch, or in the gov- ernment of the District of Columbia, at a rate which exceeded the rate (or maximum rate, if higher) of sal- ary or basic pay payable for such office or position for Sept. 30, 1978, if the rate of salary or basic pay for such office or position was either fixed at a rate equal to or greater than the rate of basic pay for level V of the Ex- ecutive Schedule under section 5316 of this title or lim- ited to a maximum rate equal to or greater than the rate of basic pay for such level V under section 5308 of this title or any other provision of law or congressional resolution. Identical provisions were enacted by Pub. L. 95–391, title III, § 304, Sept. 30, 1978, 92 Stat. 788. 1977 COMPARABILITY ADJUSTMENT NOT EFFECTIVE FOR CERTAIN POSITIONS Pub. L. 95–66, July 11, 1977, 91 Stat. 270, nullified the first adjustment in pay which would have been made after July 11, 1977, under the following provisions of law: the second sentence of section 104 of Title 3, The President; par. (2) of section 4501 of Title 2, The Con- gress; section 461 of Title 28, Judiciary and Judicial Procedure; and section 5318 of this title. FISCAL YEAR 1977 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR CERTAIN POSITIONS Pub. L. 94–440, title II, Oct. 1, 1976, 90 Stat. 1446, pro- hibited the use of funds appropriated in any Act to pay the salary of an individual in a position or office re- ferred to in section 356 of Title 2, The Congress, at a rate exceeding the salary rate for such position or of- fice in effect on Sept. 30, 1976, except increases sub- mitted by the President pursuant to sections 351 to 364 of Title 2. SUBCHAPTER III—GENERAL SCHEDULE PAY RATES § 5331. Definitions; application (a) For the purpose of this subchapter, ‘‘agen- cy’’, ‘‘employee’’, ‘‘position’’, ‘‘class’’, and ‘‘grade’’ have the meanings given them by sec- tion 5102 of this title. (b) This subchapter applies to employees and positions to which chapter 51 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 ap- plies. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 95–454, title IV, § 408(b)(2), Oct. 13, 1978, 92 Stat. 1173; Pub. L. 100–325, § 2(h)(3), May 30, 1988, 102 Stat. 582; Pub. L. 101–509, title V, § 529 [title I, § 102(c)], Nov. 5, 1990, 104 Stat. 1427, 1444.) HISTORICAL AND REVISION NOTES The section is added on authority of former sections 1081, 1082, 1084, and 1091, which are carried into section 5102. Editorial Notes AMENDMENTS 1990—Subsec. (b). Pub. L. 101–509 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘This subchapter applies to employees and posi- tions, other than Senior Executive Service positions and positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Execu- tive Service, to which chapter 51 of this title applies.’’ 1988—Subsec. (b). Pub. L. 100–325 inserted reference to positions in Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. 1978—Subsec. (b). Pub. L. 95–454 inserted reference to Senior Executive Service positions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT 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. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title. REFERENCES IN OTHER LAWS TO CHAPTER 51 AND SUBCHAPTER III OF CHAPTER 53 References in laws to fix pay in accordance with this subchapter and chapter 51 of this title considered to in- clude authority under section 5376 of this title, if appli- cable, but not to include any authority under section 5304 of this title or section 529 [title III, § 302] of Pub. L. 101–509, set out as a note under section 5304 of this title, see section 529 [title I, § 101(c)(2)] of Pub. L. 101–509, set out in a References in Other Laws to GS–16, 17, or 18 Pay Rates; Regulations note under section 5376 of this title. § 5332. The General Schedule (a)(1) The General Schedule, the symbol for which is ‘‘GS’’, is the basic pay schedule for po- sitions to which this subchapter applies. Each employee to whom this subchapter applies is en- titled to basic pay in accordance with the Gen- eral Schedule. (2) The General Schedule is a schedule of an- nual rates of basic pay, consisting of 15 grades, designated ‘‘GS–1’’ through ‘‘GS–15’’, consecu- tively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are ad- justed in accordance with section 5303. (b) When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by sec- tion 5504(b) of this title.