§ 1916. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

680 words·~3 min read·/usc/title-5/section-1916

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In General.— Definition .— In this subsection, the term ‘covered employee’ means— any employee who— on the day before the date of enactment of this Act [ Oct. 28, 2009 ]— was eligible to be paid a cost-of-living allowance under 5941 of title 5, United States Code; and was not eligible to be paid locality-based comparability payments under 5304 or 5304a of that title; or on or after the date of enactment of this Act becomes eligible to be paid a cost-of-living allowance under 5941 of title 5, United States Code; or any employee who— on the day before the date of enactment of this Act— was eligible to be paid an allowance under section 1603(b) of title 10 , United States Code; was eligible to be paid an allowance under section 1005(b) of title 39 , United States Code; was employed by the Transportation Security Administration of the Department of Homeland Security and was eligible to be paid an allowance based on section 5941 of title 5 , United States Code; or was eligible to be paid under any other authority a cost-of-living allowance that is equivalent to the cost-of-living allowance under section 5941 of title 5 , United States Code; or on or after the date of enactment of this Act [ Oct. 28, 2009 ]— becomes eligible to be paid an allowance under section 1603(b) of title 10 , United States Code; becomes eligible to be paid an allowance under section 1005(b) of title 39 , United States Code; is employed by the Transportation Security Administration of the Department of Homeland Security and becomes eligible to be paid an allowance based on section 5941 of title 5 , United States Code; or becomes eligible to be paid under any other authority a cost-of-living allowance that is equivalent to the cost-of-living allowance under section 5941 of title 5 , United States Code.

Application to covered employees.— In general .— Notwithstanding any other provision of law, for purposes of this subtitle (including the amendments made by this subtitle) any covered employee shall be treated as an employee to whom section 5941 of title 5 , United States Code (as amended by section 1912 of this subtitle), and section 1914 of this subtitle apply. Pay fixed by statute .— Pay to covered employees under section 5304 or 5304a of title 5, United States Code, as a result of the application of this subtitle shall be considered to be fixed by statute.

Performance appraisal system .— With respect to a covered employee who is subject to a performance appraisal system no part of pay attributable to locality-based comparability payments as a result of the application of this subtitle including section 5941 of title 5 , United States Code (as amended by section 1912 of this subtitle), may be reduced on the basis of the performance of that employee. Postal Employees in Non-foreign Areas.— In general .— [Amended section 1005 of Title 39 , Postal Service.] Continuation of cost of living allowance.— In general .— Notwithstanding any other provision of this subtitle, any employee of the Postal Service (other than an employee covered by section 1003(b) and

(c)of title 39, United States Code, whose duty station is in a nonforeign area) who is paid an allowance under section 1005(b) of that title shall be treated for all purposes as if the provisions of this subtitle (including the amendments made by this subtitle) had not been enacted, except that the cost-of-living allowance rate paid to that employee— may result in the allowance exceeding 25 percent of the rate of basic pay of that employee; and shall be the greater of— the cost-of-living allowance rate in effect on December 31, 2009 for the applicable area; or the applicable locality-based comparability pay percentage under section 1914. Rule of construction .— Nothing in this subtitle shall be construed to— provide for an employee described under subparagraph

(A)to be a covered employee as defined under subsection (a); or authorize an employee described under subparagraph

(A)to file an election under section 1917 of this subtitle.