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5 U.S.C. § 5383 — Setting individual senior executive pay

submitted 48 years ago by Pub. L. 95-454 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 306 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section tells each appointing authority how to set pay for individual senior executives. It limits how often pay may be adjusted, requires advance notice for certain pay reductions, and protects the initial pay of certain career appointees.

(a) Each "appointing authority" must choose, using criteria established by the Office of Personnel Management, which pay rate within the range established under section 5382 will be paid to each "senior executive" under that authority. (b) Members of the "Senior Executive Service" are subject to the limit in section 5307. (c) Unless regulations issued by the Office under section 5385 provide otherwise, the basic pay rate for a "senior executive" may not be adjusted more than once in any 12-month period. (d) The basic pay rate for any "career appointee" may be lowered only if that career appointee receives written notice of the reduction at least 15 days before the reduction. (e) (1) This subsection applies to— (A) an individual who has served at least 5 years of current continuous service in one or more positions in the "competitive service" and is appointed as a career appointee without a break in service; and (B) an individual who— (i) holds a position that is changed from the competitive service to a "career reserved position" in the Senior Executive Service; and (ii) on the date of that change, has at least 5 years of current continuous service in one or more positions in the competitive service. (2) (A) If a career appointee is appointed in the circumstances described in paragraph (1)(A), the appointee’s initial pay rate may not be lower than the basic pay rate last payable to that individual immediately before the appointment. (B) If a career appointee’s position is changed as described in paragraph (1)(B), the appointee’s initial pay rate after the change may not be lower than the basic pay rate last payable to that individual immediately before the position was changed. This section does not define "appointing authority," "senior executive," "Senior Executive Service," "career appointee," "competitive service," "career reserved position," or "current continuous service."

the actual law source: uscode.house.gov ↗public domain
(a)

Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates within a range established under section 5382 shall be paid to each senior executive under such appointing authority.

(b)

Members of the Senior Executive Service shall be subject to the limitation under section 5307.

(c)

Except as provided in regulations prescribed by the Office under section 5385, the rate of basic pay for any senior executive may not be adjusted more than once during any 12-month period.

(d)

The rate of basic pay for any career appointee may be reduced from any rate of basic pay to any lower rate of basic pay only if the career appointee receives a written notice of the reduction at least 15 days in advance of the reduction.

(e)
(1)

This subsection applies to—

(A)

any individual who, after serving at least 5 years of current continuous service in 1 or more positions in the competitive service, is appointed, without any break in service, as a career appointee; and

(B)

any individual who—

(i)

holds a position which is converted from the competitive service to a career reserved position in the Senior Executive Service; and

(ii)

as of the conversion date, has at least 5 years of current continuous service in 1 or more positions in the competitive service.

(2)
(A)

The initial rate of pay for a career appointee who is appointed under the circumstances described in paragraph (1)(A) may not be less than the rate of basic pay last payable to that individual immediately before being so appointed.

(B)

The initial rate of pay for a career appointee following the position’s conversion (as described in paragraph (1)(B)) may not be less than the rate of basic pay last payable to that individual immediately before such position’s conversion.

Source credit: (Added Pub. L. 95–454, title IV, § 407(a), Oct. 13, 1978, 92 Stat. 1171; amended Pub. L. 96–166, § 3, Dec. 29, 1979, 93 Stat. 1273; Pub. L. 98–615, title III, § 305, Nov. 8, 1984, 98 Stat. 3219; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(7)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 102–175, § 2, Dec. 2, 1991, 105 Stat. 1222; Pub. L. 102–378, § 2(35), Oct. 2, 1992, 106 Stat. 1351; Pub. L. 108–136, div. A, title XI, § 1125(a)(3), Nov. 24, 2003, 117 Stat. 1639.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-454 · 92 Stat. 1171
  • 1979Amended · Pub. L. 96-166 · 93 Stat. 1273
  • 1984Amended · Pub. L. 98-615 · 98 Stat. 3219
  • 1990Amended · Pub. L. 101-509 · 104 Stat. 1427, 1440
  • 1991Amended · Pub. L. 102-175 · 105 Stat. 1222
  • 1992Amended · Pub. L. 102-378 · 106 Stat. 1351
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1639

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-454 on 1978-10-13.

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