§ 1915. SAVINGS PROVISION.
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/usc/title-5/section-1915A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sense of Congress .— It is the sense of Congress that— the application of this subtitle to any employee should not result in a decrease in the take home pay of that employee; in calendar year 2012 and each subsequent year, no employee shall receive less than the Rest of the U.S. locality pay rate; concurrent with the surveys next conducted under the provisions of section 5304(d)(1)(A) of title 5 , United States Code, beginning after the date of the enactment of this Act [ Oct. 28, 2009 ], the Bureau of Labor Statistics should conduct separate surveys to determine the extent of any pay disparity (as defined by section 5302 of that title) that may exist with respect to positions located in the State of Alaska, the State of Hawaii, and the United States territories, including American Samoa, Guam, Commonwealth of the Northern Mariana Islands, Commonwealth of Puerto Rico, and the United States Virgin Islands; if the surveys under paragraph
(3)indicate that the pay disparity determined for the State of Alaska, the State of Hawaii, or any 1 of the United States territories including American Samoa, Guam, Commonwealth of the Northern Mariana Islands, Commonwealth of Puerto Rico, and the United States Virgin Islands exceeds the pay disparity determined for the locality which (for purposes of section 5304 of that title) is commonly known as the ‘Rest of the United States’, the President’s Pay Agent should take appropriate measures to provide that each such surveyed area be treated as a separate pay locality for purposes of that section; and the President’s Pay Agent will establish 1 locality area for the entire State of Hawaii and 1 locality area for the entire State of Alaska. Savings Provisions.— In general .— During the transition period described in section 1914 ending on the first day of the first pay period beginning on or after January 1, 2012 , an employee paid a special rate under 5305 of title 5, United States Code, who the day before the date of enactment of this Act [ Oct. 28, 2009 ] was eligible to receive a cost-of-living allowance under section 5941 of title 5 , United States Code, and who continues to be officially stationed in an allowance area, shall receive an increase in the employee’s special rate consistent with increases in the applicable special rate schedule. For employees in allowance areas, the minimum step rate for any grade of a special rate schedule shall be increased at the time of an increase in the applicable locality rate percentage for the allowance area by not less than the dollar increase in the locality-based comparability payment for a non-special rate employee at the same minimum step provided under section 1914 of this subtitle, and corresponding increases shall be provided for all step rates of the given pay range. Continuation of cost of living allowance rate .— If an employee, who the day before the date of enactment of this Act was eligible to receive a cost-of-living allowance under section 5941 of title 5 , United States Code, would receive a rate of basic pay and applicable locality-based comparability payment which is in excess of the maximum rate limitation set under section 5304(g) of title 5 , United States Code, for his position (but for that maximum rate limitation) due to the operation of this subtitle, the employee shall continue to receive the cost-of-living allowance rate in effect on December 31, 2009 without adjustment until— the employee leaves the allowance area or pay system; or the employee is entitled to receive basic pay (including any applicable locality-based comparability payment or similar supplement) at a higher rate, but, when any such position becomes vacant, the pay of any subsequent appointee thereto shall be fixed in the manner provided by applicable law and regulation. Locality-based comparability payments .— Any employee covered under paragraph
(2)shall receive any applicable locality-based comparability payment extended under section 1914 of this subtitle which is not in excess of the maximum rate set under section 5304(g) of title 5 , United States Code, for his position including any future increase to statutory pay limitations under 5318 of title 5, United States Code. Notwithstanding paragraph (2), to the extent that an employee covered under that paragraph receives any amount of locality-based comparability payment, the cost-of-living allowance rate under that paragraph shall be reduced accordingly, as provided under section 5941(c)(2)(B) of title 5 , United States Code.