Page:United States Statutes at Large Volume 104 Part 3.djvu/79

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PUBLIC LAW 101-509—NOV. 5, 1990 104 STAT. 1431 "(d) An increase in rates of basic pay that takes effect under this section is not an equivalent increase in pay within the meaning of section 5335. "(e) This section does not impair any authority pursuant to which rates of basic pay may be fixed by administrative action. "(f) Pay may not be paid, by reason of any provision of this section (disregarding any comparability payment payable), at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. "(g) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agency or agencies as the President may designate. "§ 5304. Locality-based comparability payments "(a) Pay disparities shall be identified and reduced as follows: "(1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent. "(2)(A) The localities having pay disparities, and the size of those disparities, shall, for purposes of emy comparability pay- ment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(l) for purposes of such calendar year. "(B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year. "(3) Subject to paragraphs (4) and (5), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparative pay- ment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that— "(A) the percentage for the first 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; "(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than ^10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(C) the percentage for the third calendar year in which any amounts are payable under this section may not be less than % of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(D) the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than Vz of the amount needed to reduce the pay disparity of the locality involved to 5 percent; "(E) the percentage for the fifth calendar year in which any amounts are payable under this section may not be less