PUBLIC LAW 98-615—NOV. 8, 1984
98 STAT. 3211
(or an equivalent rating system) for the latest appraisal period is not available. "§ 5405. Pay administration 5 USC 5405. "(a)(1) An employee covered by this chapter— "(A) may not be paid at a rate greater than the maximum rate of basic pay for the grade of the employee's position, as set 5 USC 5332. forth in section 5332 of this title; and "(B) except as provided in paragraph (2) of this subsection, may not be paid at a rate less than the minimum rate of basic pay for such grade, as set forth in section 5332 of this title. "(2) An employee may be paid at a rate less than the minimum rate of basic pay for the grade of such employee's position to the extent that payment of the lesser rate is the result of the employee having received less than a full general pay increase under section 5403 of this title. "(b) Any employee whose position is brought under this chapter shall, so long as the employee continues to occupy the position, be entitled to receive basic pay at a rate of basic pay not less than the rate the employee was receiving when the position was brought under this chapter, plus any subsequent increases under sections 5403 and 5404 of this title. "(c) The Office of Personnel Management shall prescribe regula- Regulations. Effective tions governing the method by which an increase under section 5403 Ante, pp. dates. 3209, of this title and an increase under section 5404 of this title shall be 3210. made in any case in which both of those increases are to take effect beginning on the same date. "(d) Under regulations which the Office shall prescribe, the benefit of advancement through the range of basic pay for a grade shall be preserved for any employee who is covered by this chapter and whose continuous service is interrupted in the public interest by service in the Armed Forces, or by service in essential non-Government civilian employment during a period of war or national emergency. "(e) For the purpose of section 5941 of this title, rates of basic pay 5 USC 5941. of employees covered by this chapter shall be considered rates of basic pay fixed by statute. "(0 In the case of an employee covered by this chapter for whose position a higher rate of basic pay has been established under section 5303 of this title, any reference in this chapter to a rate of basic pay provided under or set forth in section 5332 of this title shall be deemed to be a reference to the corresponding rate of basic pay established under such section 5303. "§ 5406. Performance awards 5 USC 5406. "(a)(1) Any employee who is covered by this chapter, and whose performance for an appraisal period is rated under section 4302a of this title (or an equivalent rating system) at the level 2 levels above Post, p. 3214. the fully successful level, shall be paid a performance award under this section for such period. "(2)(A) The amount of a performance award referred to in para- Effective date. graph (1) of this subsection shall be determined by the appropriate agency head, except that any such award shall be not more than 10 percent of the employee's annual rate of basic pay and, effective after fiscal year 1985, shall be not less than 2 percent of such annual rate.
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