5 U.S.C. § 5335 | Periodic step-increases

(a)

An employee paid on an annual basis, and occupying a permanent position within the scope of the General Schedule, who has not reached the maximum rate of pay for the grade in which his position is placed, shall be advanced in pay successively to the next higher rate within the grade at the beginning of the next pay period following the completion of—

(1)

each 52 calendar weeks of service in pay rates 1, 2, and 3;

(2)

each 104 calendar weeks of service in pay rates 4, 5, and 6; or

(3)

each 156 calendar weeks of service in pay rates 7, 8, and 9;

subject to the following conditions:

(A)

the employee did not receive an equivalent increase in pay from any cause during that period; and

(B)

the work of the employee is of an acceptable level of competence as determined by the head of the agency.

(b)

Under regulations prescribed by the Office of Personnel Management, the benefit of successive step-increases shall be preserved for employees whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency.

(c)

When a determination is made under subsection (a) of this section that the work of an employee is not of an acceptable level of competence, the employee is entitled to prompt written notice of that determination and an opportunity for reconsideration of the determination within his agency under uniform procedures prescribed by the Office of Personnel Management. If the determination is affirmed on reconsideration, the employee is entitled to appeal to the Merit Systems Protection Board. If the reconsideration or appeal results in a reversal of the earlier determination, the new determination supersedes the earlier determination and is deemed to have been made as of the date of the earlier determination. The authority of the Office to prescribe procedures and the entitlement of the employee to appeal to the Board do not apply to a determination of acceptable level of competence made by the Librarian of Congress.

(d)

An increase in pay granted by statute is not an equivalent increase in pay within the meaning of subsection (a) of this section.

(e)

This section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate.

(f)

In computing periods of service under subsection (a) in the case of an employee who moves without a break in service of more than 3 days from a position under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) to a position under the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, service under such instrumentality shall, under regulations prescribed by the Office, be deemed service in a position subject to this subchapter.

Pub. L. 89–554Sept. 6, 196680 Stat. 469 Pub. L. 90–83, § 1(20)Sept. 11, 196781 Stat. 199 Pub. L. 95–251, § 2(a)(1)Mar. 27, 197892 Stat. 183 Pub. L. 95–454, title V, § 503(g)Oct. 13, 197892 Stat. 1184 Pub. L. 96–54, § 2(a)(28)Aug. 14, 197993 Stat. 383 Pub. L. 98–615, title IINov. 8, 198498 Stat. 3216 Pub. L. 101–508, title VII, § 7202(e)Nov. 5, 1990104 Stat. 1388–336 Pub. L. 101–509, title V, § 529 [title I, § 104(d)(2)]Nov. 5, 1990104 Stat. 1427 Pub. L. 103–89, § 3(b)(1)(H)Sept. 30, 1993107 Stat. 982 (, , ; , , ; , , ; , title IX, § 906(a)(2), (8), , , 1224, 1225; , , ; , §§ 203, 204(a)(1), , ; , , ; , , , 1447; , , .)

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)–(c)	5 U.S.C. 1121.	Oct. 11, 1962, Pub. L. 87–793, § 603 “Sec. 701”, 76 Stat. 847.
(d)	5 U.S.C. 1123 (as applicable to 5 U.S.C. 1121).	Oct. 11, 1962, Pub. L. 87–793, § 603 “Sec. 703 (as applicable to § 701)”, 76 Stat. 847.

section 603 of the Act of Oct. 11, 1962 Pub. L. 87–79376 Stat. 847 In subsection (a), the words “General Schedule” are substituted for “compensation schedules fixed by this chapter” since the General Schedule is now the only compensation schedule in that chapter. The word “scheduled” is omitted since , , , eliminated the necessity of referring to rates as scheduled or longevity.

section 3105 of this titlesection 1106(a) of the Act of Oct. 28, 1949, ch. 782 63 Stat. 972 In subsection (a)(B), the words “except a hearing examiner appointed under ” are added on authority of the third sentence of former section 1010 and the fifth sentence of former section 1011, which are carried into sections 5362 and 559, respectively, and of , .

Act of Oct. 28, 1949, ch. 782 63 Stat. 967–969 Oct. 11, 1962Pub. L. 87–793, § 60376 Stat. 847 Title VII (sections 701–705) of the , , as amended by the following Acts is omitted from the derivation and repealed (see Table II) as superseded by the Act of , , , which is carried into this section and section 5336:

June 28, 1950, ch. 382, § 2 64 Stat. 262 , .

Sept. 30, 1950, ch. 1123 64 Stat. 1100 , §§ 9, 10, .

Oct. 24, 1951, ch. 554, § 1(e) 65 Stat. 613 , .

Sept. 1, 1954, ch. 1208 68 Stat. 1105 , §§ 102(a), 103(a), 112 (less applicability to § 802(b)), 305(a), , 1108, 1113.

June 28, 1955, ch. 189, § 2(e) 69 Stat. 175 , .

Standard changes are made to conform with the definitions 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)
5335(c)	5 App.: 1121(c).	Oct. 29, 1965, Pub. L. 89–301, § 3, 79 Stat. 1112.

5 U.S.C. 5331The word “officer” is omitted as included in “employee”, and the word “agency” is substituted for “department” to conform to the definition in .

Editorial Notes

References in Text

section 5332 of this titleThe General Schedule, referred to in subsec. (a), is set out under .

Amendments

Pub. L. 103–89, § 3(b)(1)(H)(i)1993—Subsec. (e). , struck out “covered by the performance management and recognition system established under chapter 54 of this title, or,” after “individual”.

Pub. L. 103–89, § 3(b)(1)(H)(ii)section 5404 of this titleSubsecs. (f), (g). , redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: “Notwithstanding subsection (b) or (e) of this section, an increase in pay granted under is an equivalent increase in pay within the meaning of subsection (a) of this section and shall be taken into account in the case of any employee who, before becoming subject to this section, was granted such an increase while covered by the performance management and recognition system established under chapter 54 of this title.”

Pub. L. 101–509 section 3105 of this title1990—Subsec. (a)(B). struck out “, except an administrative law judge appointed under ,” after “work of the employee”.

Pub. L. 101–508Subsec. (g). added subsec. (g).

Pub. L. 98–615, § 204(a)(1)1984—Subsec. (e). , substituted “the performance management and recognition system established under chapter 54” for “the merit pay system established under section 5402”.

Pub. L. 98–615, § 203Subsec. (f). , added subsec. (f).

Pub. L. 96–541979—Subsec. (a)(3)(B). substituted “an administrative law judge” for “a administrative law judge”.

Pub. L. 95–2511978—Subsec. (a). substituted “administrative law judge” for “hearing examiner”.

Pub. L. 95–454, § 906(a)(2)Subsec. (b). , substituted “Office of Personnel Management” for “Civil Service Commission”.

Pub. L. 95–454, § 906(a)(8)Subsec. (c). , substituted references to Office of Personnel Management and Merit Systems Protection Board and Office and Board, respectively, for references to Civil Service Commission wherever appearing in text.

Pub. L. 95–454, § 503(g)section 5402 of this titleSubsec. (e). , inserted reference to merit pay system established under .

Statutory Notes and Related Subsidiaries

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 1990 Amendments

Pub. L. 101–509Nov. 5, 1990Pub. L. 101–509 section 5301 of this titleAmendment by 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 a note under .

Pub. L. 101–508Jan. 1, 1987section 2105(c) of this title section 7202(m)(1) of Pub. L. 101–508 section 2105 of this titleAmendment by applicable with respect to any individual who, on or after , moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in , to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–615, title II, § 205Nov. 8, 198498 Stat. 3217 Pub. L. 98–615Oct. 1, 1984, , , provided that amendment by was effective , and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications.

Effective Date of 1979 Amendment

Pub. L. 96–54July 12, 1979section 2(b) of Pub. L. 96–54 section 305 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–454, title V, § 504(a)Oct. 13, 197892 Stat. 1184 section 503(g) of Pub. L. 95–454Oct. 1, 1981, , , provided that amendment by was effective on first day of first applicable pay period which began on or after , except it could take effect with respect to any category or categories of positions before such day to extent prescribed by Director of Office of Personnel Management.

Pub. L. 95–454Oct. 13, 1978section 907 of Pub. L. 95–454 section 1101 of this titleAmendment by section 906(a)(2), (8) of effective 90 days after , see , set out as a note under .

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Delay of Periodic Step Increase for Civilian Employees of the Department of Defense Based Upon Unacceptable Performance

Pub. L. 114–92, div. A, title XI, § 1106Nov. 25, 2015129 Stat. 1024

“(a)

Delay .—

section 5335 of title 5Under procedures established by the Secretary of Defense, upon a determination by the Secretary that the work of an employee is not at an acceptable level of competence, the period of time during which the work of the employee is not at an acceptable level of competence shall not count toward completion of the period of service required for purposes of subsection (a) of , United States Code, or subsection (e)(1) or (e)(2) of section 5343 of such title.

“(b)

Applicability to Periods of Service .—

Nov. 25, 2015Subsection (a) shall not apply with respect to any period of service performed before the date of the enactment of this Act [].”

, , , provided that:

Pay Increases Deemed Equivalent Increases in Pay

Pub. L. 103–89, § 5(a)Sept. 30, 1993107 Stat. 984

section 5404 of title 5November 1, 1993“Notwithstanding the amendment made by section 3(b)(1)(H)(ii) [amending this section], an increase in pay granted under , United States Code, before , shall be deemed to be an equivalent increase in pay within the meaning of section 5335(a) of such title.”

, , , provided that: