Title 5 — Government Organization and EmployeesRelease 119-73
§5335 Periodic step-increases
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart D— - Pay and Allowances › Chapter CHAPTER 53— - PAY RATES AND SYSTEMS › Subchapter SUBCHAPTER III— - GENERAL SCHEDULE PAY RATES › § 5335
Summary
Employees paid under the General Schedule in a permanent job who are not at the top pay rate must move up one step to the next higher pay rate at the start of the next pay period after meeting a time requirement. If they are on steps 1–3, they must complete 52 calendar weeks; on steps 4–6, 104 weeks; and on steps 7–9, 156 weeks. They only get the step if they did not get an equivalent pay raise for any reason during that time and their work is judged acceptable by their agency. A pay increase granted by law does not count as an equivalent raise. The Office of Personnel Management (OPM) can make rules to protect step timing when service is interrupted for military duty or essential non-Government civilian work during war or a national emergency. If an agency finds an employee’s work is not acceptable, the employee must get written notice and a chance for reconsideration under OPM rules, and may appeal to the Merit Systems Protection Board if reconsideration upholds the decision. If the decision is reversed, the new finding is treated as if it were made on the earlier date. These appeal rules do not apply to the Librarian of Congress. The rule does not cover Presidential appointees confirmed by the Senate. OPM rules also say certain service with DoD or Coast Guard nonappropriated fund activities counts as service under these rules when an employee moves to regular DoD or Coast Guard jobs without more than a 3‑day break.
Full Legal Text
Title 5, §5335
Government Organization and Employees — Source: USLM XML via OLRC
(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;
(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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
1966 Act DerivationU.S. CodeRevised Statutes andStatutes 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. 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 section 5362 and 559, respectively, and of section 1106(a) of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 972. Title VII (section 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. 1967 Act Section of title 5Source (U.S. Code)Source (Statutes at Large) 5335(c)5 App.: 1121(c).Oct. 29, 1965, Pub. L. 89–301, § 3, 79 Stat. 1112. 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
References in Text
The General Schedule, referred to in subsec. (a), is set out under section 5332 of this title.
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 1993 AmendmentAmendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title.
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 1984 Amendment Pub. L. 98–615, title II, § 205, Nov. 8, 1984, 98 Stat. 3217, provided that amendment by Pub. L. 98–615 was effective Oct. 1, 1984, and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications.
Effective Date
of 1979 AmendmentAmendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 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 section 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.”
Reference
Citations & Metadata
Citation
5 U.S.C. § 5335
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73