5 U.S.C. § 5392 — Establishment of special occupational pay systems
submitted 36 years ago by Pub. L. 101-509 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 357 words · no verdicts yet
This section lets the President’s pay agent create special pay systems for occupations that should not use the ordinary classification and pay rules. It requires public and congressional review and limits the systems’ pay and waiver authority.
(a) The authority in this section may cover any occupation or group of occupations to which subchapter III applies, or would apply without this section.
(b) Subject to subsection (a), the President’s pay agent, as referred to in section 5304(d), may create one or more special occupational pay systems for positions in occupations or groups that the agent decides, for good administration, should not be classified under chapter 51 or covered by subchapter III.
(c) When creating a system, the pay agent must: (1) identify occupations for which chapter 51 and subchapter III do not work adequately; (2) consider other ways to set pay; (3) carefully consider the views of employing agencies, labor organizations representing the employees, and other interested parties; (4) publish a proposed pay plan in the Federal Register; (5) hold one or more public hearings; (6) give each House of Congress a report describing the plan at least 90 days before it takes effect; and (7) publish the final plan’s details in the Federal Register no later than 30 days before it takes effect.
(d) A system may not: (1) waive a law, rule, or regulation that section 4703(c) would not allow to be waived; or (2) set an employee’s basic pay above the rate for level V of the Executive Schedule.
(e) Subject to subsection (d)(2), when a General Schedule pay adjustment under section 5303 takes effect, each pay rate established under this section must be adjusted at the start of the first applicable pay period beginning on or after the first day of that month, by an amount the Office considers appropriate.
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).
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.
In establishing special occupational pay systems, the pay agent shall—
identify occupations or groups of occupations for which chapter 51 and subchapter III do not function adequately;
consider alternative approaches for determining the pay for employees in positions in such occupations or groups of occupations;
give thorough consideration to the views of agencies employing such employees and labor organizations representing such employees, as well as other interested parties;
publish a proposed plan for determining the pay of such employees in the Federal Register;
conduct one or more public hearings;
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
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.
A special occupational pay system may not—
provide for a waiver of any law, rule, or regulation that could not be waived under section 4703(c); or
provide a rate of basic pay for any employee in excess of the rate payable for level V of the Executive Schedule.
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.
Source credit: (Added Pub. L. 101–509, title V, § 529 [title I, § 105(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1448.)
- 1990Enacted · Pub. L. 101-509 · 104 Stat. 1427, 1448
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-509 on 1990-11-05.
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