§5302 — Title 5 Government Organization and Employees | U.S. Code

Summary

Defines key pay words used in the subchapter. Statutory pay system covers three pay systems: the General Schedule under subchapter III; pay under section 403 of the Foreign Service Act of 1980; and chapter 74 of title 38 for the Veterans Health Administration, except positions covered by section 7451 of title 38. ECI means the Employment Cost Index for wages and salaries of private industry workers, published quarterly by the Bureau of Labor Statistics. Base quarter is the three-month period ending on September 30 of that year. Pay agent is the person the President names under section 5304(d)(1). Locality or pay locality means any locality set or changed under section 5304. Pay disparity is how much General Schedule pay in a locality falls short of non‑Federal pay, shown as one percentage that would roughly close the gap if applied uniformly. Comparability payment is a payment under section 5304. Rates of pay under the General Schedule or scheduled rates of basic pay means the basic GS pay set by section 5332, not including pay under section 5304 or other extra pay. General Schedule position means any job covered by subchapter III.

Title 5, §5302

Government Organization and Employees — Source: USLM XML via OLRC

For the purpose of this subchapter—

(1)the term “statutory pay system” means a pay system under—

(A)subchapter III, relating to the General Schedule;

(B)section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or

(C)chapter 74 of title 38, relating to the Veterans Health Administration (other than a position subject to section 7451 of title 38);

(2)the term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics;

(3)the “base quarter” for any year is the 3-month period ending on September 30 of such year;

(4)the term “pay agent” means the agent designated by the President under section 5304(d)(1);

(5)the term “locality” or “pay locality” means any locality, as established or modified under section 5304;

(6)the term “pay disparity”, as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to non-Federal workers for the same levels of work in the same locality;

(7)the term “comparability payment” means a payment payable under section 5304;

(8)the term “rates of pay under the General Schedule”, “rates of pay for the General Schedule”, or “scheduled rates of basic pay” means the rates of basic pay under the General Schedule as established by section 5332, excluding pay under section 5304 and any other additional pay of any kind; and

(9)the term “General Schedule position” means any position to which subchapter III applies.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 403 of the Foreign Service Act of 1980, referred to in par. (1)(B), is classified to section 3963 of Title 22, Foreign Relations and Intercourse.

Prior Provisions

A prior section 5302, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 458, provided for annual reports on pay comparability, prior to repeal by Pub. L. 91–656, § 2(b)(1), Jan. 8, 1971, 84 Stat. 1946.

Amendments

2004—Par. (8). Pub. L. 108–411 added par. (8) and struck out former par. (8) which read as follows: “the term ‘rates of pay under the General Schedule’, ‘rates of pay for the General Schedule’, or ‘scheduled rates of basic pay’ means— “(A) the rates of basic pay set forth in the General Schedule; and “(B) in the case of an employee receiving a retained rate of basic pay under section 5363, the rate of basic pay payable under such section; and”. 1993—Par. (8). Pub. L. 103–89, § 3(b)(1)(E)(i), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “in the case of an employee covered by the performance management and recognition system, the rates of basic pay under chapter 54; and”. Par. (9). Pub. L. 103–89, § 3(b)(1)(E)(ii), substituted “applies” for “applies (including any position under the performance management and recognition system)”. 1992—Par. (1)(C). Pub. L. 102–378, § 2(25)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “chapter 73 of title 38, relating to the Veterans Health Services and Research Administration;”. Par. (8)(C). Pub. L. 102–378, § 2(25)(B), added subpar. (C).

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 AmendmentAmendment by Pub. L. 108–411 effective on the first day of the first applicable pay period beginning on or after the 180th day after Oct. 30, 2004, with provisions relating to conversion rules, see section 301(d) of Pub. L. 108–411, set out as a note under section 5363 of this title.

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 1992 AmendmentAmendment by Pub. L. 102–378 effective Feb. 3, 1991, see section 9(b)(5) of Pub. L. 102–378, set out as a note under section 6303 of this title.

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.

§5302 Definitions

Summary

Title 5, §5302

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata