§5392 — Title 5 Government Organization and Employees | U.S. Code

Summary

The President’s pay agent can set up special pay systems for any job or group of jobs that are (or would be) covered by subchapter III when the agent thinks the normal pay rules do not work well. Before starting a special system, the pay agent must identify which jobs need a different approach, consider other ways to set pay, get input from the agencies, unions, and others, publish a proposed plan in the Federal Register, hold public hearings, give Congress a report at least 90 days before the system starts, and publish the final plan in the Federal Register at least 30 days before it starts. A special pay system cannot waive any law that could not be waived under section 4703(c), and it cannot pay anyone more than the rate for Executive Schedule level V. When General Schedule pay rates change under section 5303, each special pay rate must also be adjusted at the start of the first pay period that begins on or after the first day of the month in which the GS change takes effect, by the amount the Office considers appropriate.

Title 5, §5392

Government Organization and Employees — Source: USLM XML via OLRC

(a)Authority under this section may be exercised with respect to any occupation or group of occupations to which subchapter III applies (or would apply but for this section).

(b)Subject to subsection (a), the President’s pay agent (as referred to in section 5304(d)) may establish one or more special occupational pay systems for any positions within occupations or groups of occupations that the pay agent determines, for reasons of good administration, should not be classified under chapter 51 or subject to subchapter III.

(c)In establishing special occupational pay systems, the pay agent shall—

(1)identify occupations or groups of occupations for which chapter 51 and subchapter III do not function adequately;

(2)consider alternative approaches for determining the pay for employees in positions in such occupations or groups of occupations;

(3)give thorough consideration to the views of agencies employing such employees and labor organizations representing such employees, as well as other interested parties;

(4)publish a proposed plan for determining the pay of such employees in the Federal Register;

(5)conduct one or more public hearings;

(6)provide each House of Congress with a report at least 90 days in advance of the date the system is to take effect setting forth the details of the proposed plan; and

(7)not later than 30 days before the date the system is to take effect, publish in the Federal Register the details of the final plan for the special occupational pay system.

(d)A special occupational pay system may not—

(1)provide for a waiver of any law, rule, or regulation that could not be waived under section 4703(c); or

(2)provide a rate of basic pay for any employee in excess of the rate payable for level V of the Executive Schedule.

(e)Subject to subsection (d)(2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section shall be adjusted by such amount as the Office considers appropriate.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Level V of the Executive Schedule, referred to in subsec. (d)(2), is set out in section 5316 of this title. The General Schedule, referred to in subsec. (e), is set out under section 5332 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 an

Effective Date

of 1990 Amendment note under section 5301 of this title.

§5392 Establishment of special occupational pay systems

Summary

Title 5, §5392

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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