5 U.S.C. § 5306 : US Code - Section 5306: Pay fixed by administrative action
Search 5 U.S.C. § 5306 : US Code - Section 5306: Pay fixed by administrative action
(a) Notwithstanding sections 1341, 1342, and 1349-1351 and
subchapter II of chapter 15 of title 31 -
(1) the rates of pay of -
(A) employees in the legislative, executive, and judicial
branches of the Government of the United States (except
employees whose pay is disbursed by the Secretary of the Senate
or the Chief Administrative Officer of the House of
Representatives) and of the government of the District of
Columbia, whose rates of pay are fixed by administrative action
under law and are not otherwise adjusted under this subchapter;
(B) employees under the Architect of the Capitol, whose rates
of pay are fixed under section 166b-3a (!1) of title 40, and
the Superintendent of Garages, House office buildings; and
(C) persons employed by the county committees established
under section 590h(b) of title 16; and
(2) and minimum or maximum rate of pay (other than a maximum
rate equal to or greater than the maximum rate then currently
being paid under the General Schedule as a result of a pay
adjustment under section 5303 (or prior corresponding provision
of law)), and any monetary limitation on or monetary allowance
for pay, applicable to employees described in subparagraphs (A),
(B), and (C) of paragraph (1);
may be adjusted, by the appropriate authority concerned, effective
at the beginning of the first applicable pay period commencing on
or after the day on which a pay adjustment becomes effective under
section 5303 (or prior provision of law), by whichever of the
following methods the appropriate authority concerned considers
appropriate -
(i) by an amount or amounts not in excess of the pay adjustment
provided under section 5303 for corresponding rates of pay in the
appropriate schedule or scale of pay;
(ii) if there are no corresponding rates of pay, by an amount
or amounts equal or equivalent, insofar as practicable and with
such exceptions and modifications as may be necessary to provide
for appropriate pay relationships between positions, to the
amount of the pay adjustment provided under section 5303; or
(iii) in the case of minimum or maximum rates of pay, or
monetary limitations of allowances with respect to pay, by an
amount rounded to the nearest $100 and computed on the basis of a
percentage equal or equivalent, insofar as practicable and with
such variations as may be appropriate, to the percentage of the
pay adjustment provided under section 5303.
(b) An adjustment under subsection (a) in rates of pay, minimum
or maximum rates of pay, the monetary limitations or allowances
with respect to pay, shall be made in such manner as the
appropriate authority concerned considers appropriate.
(c) This section does not authorize any adjustment in the rates
of pay of employees whose rates of pay are fixed and adjusted from
time to time as nearly as is consistent with the public interest in
accordance with prevailing rates or practices.
(d) This section does not impair any authority under which rates
of pay may be fixed by administrative action.
(e) Pay may not be paid, by reason of any exercise of authority
under this section, at a rate in excess of the rate of basic pay
payable for level V of the Executive Schedule.
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