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 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.
In subsection (a)(B), the words “except a hearing examiner appointed under section 3105 of this title” 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 section 1106(a) of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 972.
Title VII (sections 701–705) of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 967–969, as amended by the following Acts is omitted from the derivation and repealed (see Table II) as superseded by the Act of Oct. 11, 1962, Pub. L. 87–793, § 603, 76 Stat. 847, which is carried into this section and section 5336:
June 28, 1950, ch. 382, § 2, 64 Stat. 262.
Sept. 30, 1950, ch. 1123, §§ 9, 10, 64 Stat. 1100.
Oct. 24, 1951, ch. 554, § 1(e), 65 Stat. 613.
Sept. 1, 1954, ch. 1208, §§ 102(a), 103(a), 112 (less applicability to § 802(b)), 305(a), 68 Stat. 1105, 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.
The word “officer” is omitted as included in “employee”, and the word “agency” is substituted for “department” to conform to the definition in 5 U.S.C. 5331.
Editorial Notes
Amendments
1993—Subsec. (e). Pub. L. 103–89, § 3(b)(1)(H)(i), struck out “covered by the performance management and recognition system established under chapter 54 of this title, or,” after “individual”.
Subsecs. (f), (g). Pub. L. 103–89, § 3(b)(1)(H)(ii), 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 section 5404 of this title 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.”
1990—Subsec. (a)(B). Pub. L. 101–509 struck out “, except an administrative law judge appointed under section 3105 of this title,” after “work of the employee”.
Subsec. (g). Pub. L. 101–508 added subsec. (g).
1984—Subsec. (e). Pub. L. 98–615, § 204(a)(1), substituted “the performance management and recognition system established under chapter 54” for “the merit pay system established under section 5402”.
Subsec. (f). Pub. L. 98–615, § 203, added subsec. (f).
1979—Subsec. (a)(3)(B). Pub. L. 96–54 substituted “an administrative law judge” for “a administrative law judge”.
1978—Subsec. (a). Pub. L. 95–251 substituted “administrative law judge” for “hearing examiner”.
Subsec. (b). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.
Subsec. (c). Pub. L. 95–454, § 906(a)(8), 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.
Subsec. (e). Pub. L. 95–454, § 503(g), inserted reference to merit pay system established under section 5402 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendments
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.
Amendment by Pub. L. 101–508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, 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 section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title.
Effective Date of 1978 Amendment
Pub. L. 95–454, title V, § 504(a), Oct. 13, 1978, 92 Stat. 1184, provided that amendment by section 503(g) of Pub. L. 95–454 was effective on first day of first applicable pay period which began on or after Oct. 1, 1981, 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.
Amendment by section 906(a)(2), (8) of 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.
Transfer of Functions
For 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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, § 1106, Nov. 25, 2015, 129 Stat. 1024, provided that:
“(a) Delay.—
Under 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
section 5335 of title 5, United States Code, or subsection (e)(1) or (e)(2) of section 5343 of such title.
“(b) Applicability to Periods of Service.—
Subsection (a) shall not apply with respect to any period of service performed before the date of the enactment of this Act [Nov. 25, 2015].”
Pay Increases Deemed Equivalent Increases in Pay
Pub. L. 103–89, § 5(a), Sept. 30, 1993, 107 Stat. 984, provided that:
“Notwithstanding the amendment made by section 3(b)(1)(H)(ii) [amending this section], an increase in pay granted under
section 5404 of title 5, United States Code, before
November 1, 1993, shall be deemed to be an equivalent increase in pay within the meaning of section 5335(a) of such title.”
