104 STAT. 1432 PUBLIC LAW 101-509 —NOV. 5, 1990 than % of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(F) the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than Vio of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(G) the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than Vs of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (H) the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than %o of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(I) the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount necessary to reduce the pay disparity of the locality involved to 5 percent; "(4) Nothing in this section shall be considered to preclude the President, in his discretion, from adjusting comparability pay- ments to a level higher than the minimum level otherwise required in a calendar year, including to the level necessary to eliminate a locality's pay disparity completely. "(b) After the ninth calendar year (referred to in subsection (a)(3)(I)), the level of comparability payments payable within such locality may be reduced for any subsequent calendar year, but only if, or to the extent that, the reduction would not immediately create another pay disparity in excess of 5 percent within the locality (taking into consideration any comparability payments remaining pavable). '(c)(1) The amount of the comparability payment payable within any particular locality during a calendar year— "(A) shall be stated as a single percentage, which shall be uniformly applicable to General Schedule positions within the locality; and "(B) shall, for any employee entitled to receive a comparability payment, be computed by applying that percentage to such employee's scheduled rate of basic pay (or, if lower due to a limitation on the rate payable, the rate actually payable), subject to subsection (g). "(2) A comparability payment— "(A) shall be considered to be part of basic pay for purposes of retirement under chapter 83 or 84, as applicable, life insurance under chapter 87, and premium pay under subchapter V of chapter 55, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe; and (B) shall be paid in the same manner and at the same time as the basic pay payable to such employee pursuant to any provision of law outside of this section. "(3) Nothing in this subchapter shall be considered to permit or require that any portion of a comparability payment be taken into account for purposes of any adjustment under section 5303. "(4)(A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation which may apply) shall be eligible for comparability payments under this section.
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