Title 5 › PART III — EMPLOYEES › Subpart D — Pay and Allowances › CHAPTER 53 — PAY RATES AND SYSTEMS › SUBCHAPTER IX — SPECIAL OCCUPATIONAL PAY SYSTEMS › § 5392
The President’s pay agent can set up special pay systems for any job groups that are covered by subchapter III (or would be if not for this rule) when the normal pay and classification rules do not work well. Before putting a system in place, the pay agent must pick the jobs affected, think about different ways to set pay, talk with the agencies and unions and other interested parties, publish a proposed plan in the Federal Register, hold public hearings, give each House of Congress a report at least 90 days before the system starts with the plan details, and publish the final plan in the Federal Register at least 30 days before it takes effect. These special systems cannot waive any law or rule that could not be waived under section 4703(c). They also cannot set basic pay higher than the rate for Executive Schedule level V. Pay rates under these systems must be adjusted when General Schedule rates change under section 5303, taking effect at the start of the first applicable pay period that begins on or after the first day of the month the GS adjustment takes effect, with the Office deciding the adjustment amount.
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Government Organization and Employees, Source: USLM XML via OLRC
Legislative History
Reference
Citation
5 U.S.C. § 5392
Title 5, Government Organization and Employees
Last Updated
Aug 21, 2026
Release point: 119-102