5 U.S.C. § 5333 — Minimum rate for new appointments

Page 594 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5333 112–175), I am hereby instructing the heads of executive departments and agencies that they should continue to adhere to this policy through March 27, 2013, the date after which statutory pay adjustments may be made pursuant to section 114 of Public Law 112–175. This memorandum shall be carried out to the extent permitted by law and consistent with executive depart- ments’ and agencies’ legal authorities. This memo- randum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its offi- cers, employees, or agents, or any other person. The Director of the Office of Personnel Management shall issue any necessary guidance on implementing this memorandum, and is also hereby authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. Memorandum of President of the United States, Apr. 5, 2013, 78 F.R. 21213, provided: Memorandum for the Heads of Executive Depart- ments and Agencies Section 1112 of the Consolidated and Further Con- tinuing Appropriations Act, 2013 (Public Law 113–6), re- flects the Congress’s decision to continue to deny stat- utory adjustments to any pay systems or pay schedules covering executive branch employees. In light of the Congress’s action, I am instructing heads of executive departments and agencies to continue through Decem- ber 31, 2013, to adhere to the policy set forth in my memoranda of December 22, 2010, and December 21, 2012, regarding general increases in pay schedules and em- ployees’ rates of pay that might otherwise take effect as a result of the exercise of administrative discretion. This memorandum shall be carried out to the extent permitted by law and consistent with executive depart- ments’ and agencies’ legal authorities. This memo- randum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its offi- cers, employees, or agents, or any other person. The Director of the Office of Personnel Management shall issue any necessary guidance on implementing this memorandum, and is also hereby authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 5333. Minimum rate for new appointments New appointments shall be made at the min- imum rate of the appropriate grade. However, under regulations prescribed by the Office of Personnel Management which provide for such considerations as the existing pay or unusually high or unique qualifications of the candidate, or a special need of the Government for his serv- ices, the head of an agency may appoint, with the approval of the Office in each specific case, an individual to a position at such a rate above the minimum rate of the appropriate grade as the Office may authorize for this purpose. The approval of the Office in each specific case is not required with respect to an appointment made by the Librarian of Congress. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 90–83, § 1(19), Sept. 11, 1967, 81 Stat. 199; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(26)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 101–509, title V, § 529 [title I, § 106, title II, § 211(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1449, 1461.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 1131. Oct. 28, 1949, ch. 782, § 801, 63 Stat. 969. Aug. 14, 1964, Pub. L. 88–426, § 103(a), 78 Stat. 401. (b) ............. 5 U.S.C. 1133. Oct. 28, 1949, ch. 782, § 803, 63 Stat. 970. Sept. 1, 1954, ch. 1208, § 104, 68 Stat. 1106. Oct. 11, 1962, Pub. L. 87–793, § 604(c), 76 Stat. 848. In subsection (b), the word ‘‘scheduled’’ is omitted since section 603 of the Act of Oct. 11, 1962, Pub. L. 87–793, 76 Stat. 847, eliminated the necessity of referring to rates as scheduled or longevity. 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. 1967 ACT Section of title 5 Source (U.S. Code) Source (Statutes at Large) 5333(a) ....... 5 App.: 1131. July 18, 1966, Pub. L. 89–504, § 103, 80 Stat. 289. Editorial Notes AMENDMENTS 1990—Pub. L. 101–509 struck out ‘‘; higher rates for su- pervisors of prevailing rate employees’’ after ‘‘appoint- ments’’ in section catchline, struck out ‘‘(a)’’ before ‘‘New appointments shall’’, struck out ‘‘in GS–11 or above’’ after ‘‘individual to a position’’, and struck out subsec. (b) which read as follows: ‘‘Under regulations prescribed by the Office of Personnel Management, an employee in a position to which this subchapter ap- plies, who regularly has responsibility for supervision (including supervision over the technical aspects of the work concerned) over employees whose pay is fixed and adjusted from time to time by wage boards or similar administrative authority as nearly as is consistent with the public interest in accordance with prevailing rates, may be paid at one of the rates for his grade which is above the highest rate of basic pay being paid to any such prevailing-rate employee regularly super- vised, or at the maximum rate for his grade, as pro- vided by the regulations.’’ 1979—Pub. L. 96–54 substituted ‘‘prevailing rate’’ for ‘‘wage-board’’ in section catchline. 1978—Subsecs. (a), (b). Pub. L. 95–454 substituted ‘‘Of- fice of Personnel Management’’ and ‘‘Office’’ for ‘‘Civil Service Commission’’ and ‘‘Commission’’, respectively, wherever appearing. 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 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 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. Page 595 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5334 § 5334. Rate on change of position or type of ap- pointment; regulations (a) The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in con- formity with this subchapter and chapter 51 of this title when— (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he is demoted to a position in a lower grade; (4) he is reinstated, reappointed, or reem- ployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his type of appointment is changed; (6) his employment status is otherwise changed; or (7) his position is changed from one grade to another grade. For the purpose of this subsection, an individual employed by the Appalachian Regional Commis- sion under section 14306(a)(2) of title 40, who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this sub- chapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply. (b) An employee who is promoted or trans- ferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic pay at a rate in excess of the maximum rate of his grade, there is no rate in the higher grade which is at least two step-increases above his existing rate of basic pay, he is entitled to— (1) the maximum rate of the higher grade; or (2) his existing rate of basic pay, if that rate is the higher. If an employee so promoted or transferred is re- ceiving basic pay at a rate saved to him under subchapter VI of this chapter on reduction in grade, he is entitled to— (A) basic pay at a rate two steps above the rate which he would be receiving if subchapter VI of this chapter were not applicable to him; or (B) his existing rate of basic pay, if that rate is the higher. If an employee’s rate after promotion or trans- fer is greater than the maximum rate of basic pay for the employee’s grade, that rate shall be treated as a retained rate under section 5363. The Office of Personnel Management shall pre- scribe by regulation the circumstances under which and the extent to which special rates under section 5305 (or similar provision of law) or locality-adjusted rates under section 5304 (or similar provision of law) are considered to be basic pay in applying this subsection. (c) An employee in the legislative branch who is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, and who has completed two or more years of service as such an employee, and a Member of the Senate or House of Representa- tives who has completed two or more years of service as such a Member, may, on appointment to a position to which this subchapter applies, have his initial rate of pay fixed— (1) at the minimum rate of the appropriate grade; or (2) at a step of the appropriate grade that does not exceed the highest previous rate of pay received by him during that service in the legislative branch. (d) The rate of pay established for a teaching position as defined by section 901 of title 20 held by an individual who becomes subject to sub- section (a) of this section is deemed increased by an amount determined under regulations which the Secretary of Defense shall prescribe for the determination of the yearly rate of pay of the position. The amount by which a rate of pay is increased under the regulations may not exceed the amount equal to 20 percent of that rate of pay. (e) An employee of a county committee estab- lished pursuant to section 8(b) of the Soil Con- servation and Domestic Allotment Act (16 U.S.C. 590h(b)) may, on appointment to a posi- tion subject to this subchapter, have the initial rate of basic pay of the employee fixed at— (1) the lowest rate of the higher grade that exceeds the rate of basic pay of the employee with the county committee by not less than 2 step-increases of the grade from which the em- ployee was promoted, if the Federal Civil Service position under this subchapter is at a higher grade than the last grade the employee had while an employee of the county com- mittee; (2) the same step of the grade as the em- ployee last held during service with the coun- ty committee, if the Federal Civil Service po- sition under this subchapter is at the same grade as the last grade the employee had while an employee of the county committee; or (3) the lowest step of the Federal grade for which the rate of basic pay is equal to or greater than the highest previous rate of pay of the employee, if the Federal Civil Service position under this subchapter is at a lower grade than the last grade the employee had while an employee of the county committee. (f)(1) An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) who moves, without a break in service of more than 3 days, to a position in the Department of De- fense or the Coast Guard, respectively, that is subject to this subchapter, may have such em- ployee’s initial rate of basic pay fixed at the minimum rate of the appropriate grade or at any step of such grade that does not exceed— (A) if the highest previous rate of basic pay received by that employee during the employ- ee’s service described in section 2105(c) is equal