5 U.S.C. § 10201 — Definitions

Page 1322 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 10201 Editorial Notes REFERENCES IN TEXT The date of enactment of this chapter, referred to in subsecs. (a)(1) and (b), is the date of enactment of Pub. L. 109–295, which was approved Oct. 4, 2006. CHAPTER 102—UNITED STATES SECRET SERVICE UNIFORMED DIVISION PERSONNEL Sec. 10201. Definitions. 10202. Authorities. 10203. Basic pay. 10204. Rate of pay for original appointments. 10205. Service step adjustments. 10206. Technician positions. 10207. Promotions. 10208. Demotions. 10209. Clothing allowances. 10210. Reporting requirement. § 10201. Definitions In this chapter— (1) the term ‘‘member’’ means an employee of the United States Secret Service Uniformed Division having the authorities described under section 3056A(b) of title 18; (2) the term ‘‘Secretary’’ means the Sec- retary of the Department of Homeland Secu- rity; and (3) the term ‘‘United States Secret Service Uniformed Division’’ has the meaning given that term under section 3056A of title 18. (Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3033.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title. PURPOSE Pub. L. 111–282, § 1(b), Oct. 15, 2010, 124 Stat. 3033, pro- vided that: ‘‘The purpose of this Act [see Short Title of 2010 Amendment note set out under section 101 of this title] is to transfer statutory entitlements to pay and hours of work authorized by laws codified in the Dis- trict of Columbia Official Code for current members of the United States Secret Service Uniformed Division from such laws to the United States Code.’’ MISCELLANEOUS PROVISIONS Pub. L. 111–282, § 3, Oct. 15, 2010, 124 Stat. 3038, pro- vided that: ‘‘(a) CONVERSION TO NEW SALARY SCHEDULE.— ‘‘(1) IN GENERAL.— ‘‘(A) RATES OF PAY FIXED.—Effective the first day of the first pay period which begins after the date of the enactment of this Act [Oct. 15, 2010], the Sec- retary shall fix the rates of basic pay for members of the United States Secret Service Uniformed Di- vision, as defined under section 10201 of title 5, United States Code, (as added by section 2(a)) in ac- cordance with the provisions of this subsection. ‘‘(B) RATE BASED ON CREDITABLE SERVICE.— ‘‘(i) IN GENERAL.—Each member shall be placed in and receive basic pay at the corresponding scheduled rate under chapter 102 of title 5, United States Code, as added by section 2(a) (after any adjustment under paragraph (3) of this sub- section) in accordance with the member’s total years of creditable service, as provided in the table in this clause. If the scheduled rate of basic pay for the step to which the member would be assigned in accordance with this paragraph is lower than the member’s rate of basic pay imme- diately before the date of enactment of this para- graph, the member shall be placed in and receive basic pay at the next higher service step, subject to the provisions of clause (iv). If the member’s rate of pay exceeds the highest step of the rank, the rate of basic pay shall be determined in ac- cordance with clause (iv). ‘‘Full Years of Creditable Service Step Assigned Upon Conversion 0 1 1 2 2 3 3 4 5 5 7 6 9 7 11 8 13 9 15 10 17 11 19 12 22 13 ‘‘(ii) CREDITABLE SERVICE.—For the purposes of this subsection, a member’s creditable service is any police service in pay status with the United States Secret Service Uniformed Division, the United States Park Police, or the District of Co- lumbia Metropolitan Police Department. ‘‘(iii) STEP 13 CONVERSION MAXIMUM RATE.— ‘‘(I) IN GENERAL.—A member who, at the time of conversion, is in step 13 of any rank below Deputy Chief, is entitled to that rate of basic pay which is the greater of— ‘‘(aa) the rate of pay for step 13 under the new salary schedule; or ‘‘(bb) the rate of pay for step 14 under the pay schedule in effect immediately before conversion. ‘‘(II) STEP 14 RATE.—Clause (iv) shall apply to a member whose pay is set in accordance with subclause (I)(bb). ‘‘(iv) ADJUSTMENT BASED ON FORMER RATE OF PAY.— ‘‘(I) DEFINITION.—In this clause, the term ‘former rate of basic pay’ means the rate of basic pay last received by a member before the conversion. ‘‘(II) IN GENERAL.—If, as a result of conversion to the new salary schedule, the member’s former rate of basic pay is greater than the maximum rate of basic pay payable for the rank of the member’s position immediately after the conversion, the member is entitled to basic pay at a rate equal to the member’s former rate of basic pay, and increased at the time of any in- crease in the maximum rate of basic pay pay- able for the rank of the member’s position by 50 percent of the dollar amount of each such in- crease. ‘‘(III) PROMOTIONS.—For the purpose of apply- ing section 10207 of title 5, United States Code, relating to promotions, (as added by section Page 1323 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 10203 1 So in original. 2(a)) an employee receiving a rate above the maximum rate as provided under this clause shall be deemed to be at step 13. ‘‘(2) CREDIT FOR SERVICE.—Each member whose posi- tion is converted to the salary schedule under chap- ter 102 of title 5, United States Code, (as added by sec- tion 2(a)) in accordance with this subsection shall be granted credit for purposes of such member’s first service step adjustment made after conversion to the salary schedule under that chapter for all satisfac- tory service performed by the member since the member’s last increase in basic pay before the adjust- ment under this section. ‘‘(3) ADJUSTMENTS DURING TRANSITION.—The sched- ule of rates of basic pay shall be increased by the per- centage of any annual adjustment applicable to the General Schedule authorized under section 5303 of title 5, United States Code, or any other authority, which takes effect during the period beginning on January 1, 2010, through the last day of the last pay period preceding the first pay period which begins after the date of the enactment of this Act. The Sec- retary of Homeland Security may establish a method- ology of schedule adjustment that results in uniform fixed-dollar step increments within any given rank and preserves the established percentage differences among rates of different ranks at the same step posi- tion. ‘‘(b) IMPACT ON BENEFITS UNDER THE DISTRICT OF CO- LUMBIA POLICE AND FIREFIGHTERS’ RETIREMENT AND DIS- ABILITY SYSTEM.— ‘‘(1) SALARY INCREASES FOR PURPOSES OF CERTAIN PENSIONS AND ALLOWANCES.—For purposes of section 3 of the Act entitled ‘An Act to provide increased pen- sions for widows and children of deceased members of the Police Department and the Fire Department of the District of Columbia’, approved August 4, 1949 (sec. 5–744, D.C. Official Code) and section 301 of the District of Columbia Police and Firemen’s Salary Act of 1953 (sec. 5–745, D.C. Official Code)— ‘‘(A) the conversion of positions and members of the United States Secret Service Uniformed Divi- sion to appropriate ranks in the salary schedule set forth in this Act [see Short Title of 2010 Amend- ment note set out under section 101 of this title] and the amendments made by this Act shall not be treated as an increase in the salary of individuals who are members of the United States Secret Serv- ice Uniformed Division on the date of the enact- ment of this Act [Oct. 15, 2010]; and ‘‘(B) any adjustment of rates of basic pay of those positions and individuals in accordance with this Act and the amendments made by this Act which is made after such conversion shall be treated as an increase in the salary of individuals who are mem- bers of the United States Secret Service Uniformed Division on the date of the enactment of this Act. ‘‘(2) TREATMENT OF RETIREMENT BENEFITS AND PEN- SIONS OF CURRENT AND FORMER MEMBERS.—Except as otherwise provided in this Act, nothing in this Act shall affect retirement benefits and pensions of cur- rent members and former members who have retired under the District of Columbia Police and Fire- fighters’ Retirement and Disability System.’’ INAPPLICABILITY OF DISTRICT OF COLUMBIA OFFICIAL CODE PROVISIONS Pub. L. 111–282, § 4(a), Oct. 15, 2010, 124 Stat. 3041, pro- vided that: ‘‘To the extent that any provision of any law codified in the District of Columbia Official Code that authorizes an entitlement to pay or hours of work for current members of the United States Secret Serv- ice Uniformed Division is not expressly revoked by this Act [see Short Title of 2010 Amendment note set out under section 101 of this title], such provision shall not apply to such members after the effective date of this Act [see Effective Date of 2010 Amendment note set out under section 5102 of this title].’’ § 10202. Authorities (a) IN GENERAL.—The Secretary is authorized to— (1) fix and adjust rates of basic pay for mem- bers of the United States Secret Service Uni- formed Division, subject to the requirements of this chapter; (2) determine what constitutes an acceptable level of competence for the purposes of section 10205; (3) establish and determine the positions at the Officer and Sergeant ranks to be included as technician positions; and (4) determine the rate of basic pay of a mem- ber who is changed or demoted to a lower rank, in accordance with section 10208. (b) DELEGATION OF AUTHORITY.—The Secretary is authorized to delegate to the designated agent or agents of the Secretary, any power or func- tion vested in the Secretary under in 1 this chap- ter. (c) REGULATIONS.—The Secretary may pre- scribe such regulations as may be necessary to administer this chapter. (Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3034.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title. § 10203. Basic pay (a) IN GENERAL.—The annual rates of basic pay of members of the United States Secret Service Uniformed Division shall be fixed in accordance with the following schedule of rates, except that the payable annual rate of basic pay for posi- tions at the Lieutenant, Captain, and Inspector ranks is limited to 95 percent of the rate of pay for level V of the Executive Schedule under sub- chapter II of chapter 53. Rank Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Officer .............. $44,000 $46,640 $49,280 $51,920 $54,560 $57,200 $59,840 $62,480 $65,120 $67,760 $70,400 $73,040 $75,680 Sergeant ........... .......... .......... .......... 59,708 62,744 65,780 68,816 71,852 74,888 77,924 80,960 83,996 87,032 Lieutenant ........ .......... .......... .......... .......... 69,018 72,358 75,698 79,038 82,378 85,718 89,058 92,398 95,738 Captain ............. .......... .......... .......... .......... .......... 79,594 83,268 86,942 90,616 94,290 97,964 101,638 105,312 Inspector .......... .......... .......... .......... .......... .......... 91,533 95,758 99,983 104,208 108,433 112,658 116,883 121,108 Deputy Chief .... The rate of basic pay for Deputy Chief positions will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. Assistant Chief The rate of basic pay 1 the Assistant Chief position will be equal to 95 percent of the rate of pay for level V of the Executive Schedule.