5 U.S.C. § 5302 | Definitions

For the purpose of this subchapter—

(1)

the term “statutory pay system” means a pay system under—

(A)

subchapter III, relating to the General Schedule;

(B)

section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or

(C)

section 7451 of title 38 chapter 74 of title 38, relating to the Veterans Health Administration (other than a position subject to );

(2)

the term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics;

(3)

the “base quarter” for any year is the 3-month period ending on September 30 of such year;

(4)

the term “pay agent” means the agent designated by the President under section 5304(d)(1);

(5)

the term “locality” or “pay locality” means any locality, as established or modified under section 5304;

(6)

the term “pay disparity”, as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to non-Federal workers for the same levels of work in the same locality;

(7)

the term “comparability payment” means a payment payable under section 5304;

(8)

the term “rates of pay under the General Schedule”, “rates of pay for the General Schedule”, or “scheduled rates of basic pay” means the rates of basic pay under the General Schedule as established by section 5332, excluding pay under section 5304 and any other additional pay of any kind; and

(9)

the term “General Schedule position” means any position to which subchapter III applies.

Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)]Nov. 5, 1990104 Stat. 1427 Pub. L. 102–378, § 2(25)Oct. 2, 1992106 Stat. 1348 Pub. L. 103–89, § 3(b)(1)(E)Sept. 30, 1993107 Stat. 981 Pub. L. 108–411, title III, § 301(a)(1)Oct. 30, 2004118 Stat. 2313(Added , , , 1429; amended , , ; , , ; , , .)

Editorial Notes

References in Text

section 3963 of Title 22Section 403 of the Foreign Service Act of 1980, referred to in par. (1)(B), is classified to , Foreign Relations and Intercourse.

Prior Provisions

Pub. L. 89–554Sept. 6, 196680 Stat. 458 Pub. L. 91–656, § 2(b)(1)Jan. 8, 197184 Stat. 1946A prior section 5302, , , , provided for annual reports on pay comparability, prior to repeal by , , .

Amendments

Pub. L. 108–4112004—Par. (8). added par. (8) and struck out former par. (8) which read as follows: “the term ‘rates of pay under the General Schedule’, ‘rates of pay for the General Schedule’, or ‘scheduled rates of basic pay’ means—

“(A) the rates of basic pay set forth in the General Schedule; and

“(B) in the case of an employee receiving a retained rate of basic pay under section 5363, the rate of basic pay payable under such section; and”.

Pub. L. 103–89, § 3(b)(1)(E)(i)1993—Par. (8). , redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “in the case of an employee covered by the performance management and recognition system, the rates of basic pay under chapter 54; and”.

Pub. L. 103–89, § 3(b)(1)(E)(ii)Par. (9). , substituted “applies” for “applies (including any position under the performance management and recognition system)”.

Pub. L. 102–378, § 2(25)(A)1992—Par. (1)(C). , amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “chapter 73 of title 38, relating to the Veterans Health Services and Research Administration;”.

Pub. L. 102–378, § 2(25)(B)Par. (8)(C). , added subpar. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–411Oct. 30, 2004section 301(d) of Pub. L. 108–411 section 5363 of this titleAmendment by effective on the first day of the first applicable pay period beginning on or after the 180th day after , with provisions relating to conversion rules, see , set out as a note under .

Effective Date of 1993 Amendment

Pub. L. 103–89Nov. 1, 1993section 3(c) of Pub. L. 103–89 section 3372 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1992 Amendment

Pub. L. 102–378Feb. 3, 1991section 9(b)(5) of Pub. L. 102–378 section 6303 of this titleAmendment by effective , see , set out as a note under .

Effective Date

Nov. 5, 1990Pub. L. 101–509 section 5301 of this titleSection effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after , see section 529 [title III, § 305] of , set out as an Effective Date of 1990 Amendment note under .