§ 5361. Definitions

960 words·~4 min read·/usc/title-5/section-5361

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For the purpose of this subchapter—

(1)“employee” means an employee to whom chapter 51 of this title applies, and a prevailing rate employee, as defined by section 5342(a)(2) of this title, whose employment is other than on a temporary or term basis;

(2)“agency” has the meaning given it by section 5102 of this title;

(3)“retained grade” means the grade used for determining benefits to which an employee to whom section 5362 of this title applies is entitled;

(4)“rate of basic pay” means—

(A)the rate of basic pay payable to an employee under law or regulations before any deductions or additions of any kind, but including—

(i)any applicable locality-based comparability payment under section 5304 or similar provision of law;

(ii)any applicable special pay under section 5305 or similar provision of law; and

(iii)subject to such regulations as the Office of Personnel Management may prescribe, any applicable existing retained rate of pay established under section 5363 or similar provision of law; and

(B)in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343;

(5)“covered pay schedule” means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or a special occupational pay system under subchapter IX;

(6)“position subject to this subchapter” means any position under a covered pay schedule;

(7)“reduction-in-force procedures” means procedures applied in carrying out any reduction in force due to a reorganization, due to lack of funds or curtailment of work, or due to any other factor; and

(8)“retained rate” means the rate of basic pay to which an employee is entitled under section 5363(b)(2).

(Added Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1218; amended Pub. L. 98–615, title II, § 204(a)(2), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 101–509, title V, § 529 [title I, § 105(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1448; Pub. L. 103–89, § 3(b)(1)(J), Sept. 30, 1993, 107 Stat. 982; Pub. L. 108–411, title III, § 301(a)(4), Oct. 30, 2004, 118 Stat. 2315.)

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