Prior Provisions
A prior section 5362, Puspan. L. 89–554, Sept. 6, 1966, 80 Stat. 473, Puspan. L. 95–251, § 2(a)(1), (span)(1), Mar. 27, 1978, 92 Stat. 183, which related to hearing examiners, was renumbered section 5372 of this title by Puspan. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.
Amendments
1993—Subsec. (c). Puspan. L. 103–89 substituted “chapter 55 of this title, retirement and life insurance under chapters 83, 84, and 87” for “chapters 54 and 55 of this title, retirement and life insurance under chapters 83 and 87” in introductory provisions, redesignated par. (4) as (3), and struck out former par. (3) which read as follows: “for purposes of determining whether the employee is covered by the performance management and recognition system established under chapter 54 of this title, or”.
1984—Subsec. (c)(3). Puspan. L. 98–615 substituted “performance management and recognition system established under chapter 54” for “merit pay system established under section 5402”.
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by Puspan. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Puspan. L. 103–89, set out as a note under section 3372 of this title.
Effective Date of 1984 Amendment
Section 205 of Puspan. L. 98–615 provided that amendment by Puspan. L. 98–615 was effective Oct. 1, 1984, and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications.
Additional Pay and Benefits for Employees Reduced in Grade On or After January 1, 1977, Etc.
Puspan. L. 95–454, title VIII, § 801(span), Oct. 13, 1978, 92 Stat. 1222, provided that:“(1) Under regulations prescribed by the Office of Personnel Management, any employee—“(A) whose grade was reduced on or after January 1, 1977, and before the effective date of the amendments made by subsection (a) of this section [see Effective Date note set out under section 5361 of this title] under circumstances which would have entitled the employee to coverage under the provisions of section 5362 of title 5, United States Code (as amended by subsection (a) of this section) if such amendments had been in effect at the time of the reduction; and
“(B) who has remained employed by the Federal Government from the date of the reduction in grade to the effective date of the amendments made by subsection (a) of this section without a break in service of one workday or more;
shall be entitled—
“(i) to receive the additional pay and benefits which such employee would have been entitled to receive if the amendments made by subsection (a) of this section had been in effect during the period beginning on the effective date of such reduction in grade and ending on the day before the effective date of such amendments, and
“(ii) to have the amendments made by subsection (a), of this section apply to such employee as if the reduction in grade had occurred on the effective date of such amendments.
“(2) No employee covered by this subsection whose reduction in grade resulted in an increase in pay shall have such pay reduced by reason of the amendments made by subsection (a) of this section.
“(3)(A) For purposes of this subsection, the requirements under paragraph (1)(B) of this subsection, relating to continuous employment following reduction in grade, shall be considered to be met in the case of any employee—“(i) who separated from service with a right to an immediate annuity under chapter 83 of title 5, United States Code, or under another retirement system for Federal employees; or
“(ii) who died.
“(B) Amounts payable by reason of subparagraph (A) of this paragraph in the case of the death of an employee shall be paid in accordance with the provisions of subchapter VIII of chapter 55 of title 5, United States Code, relating to settlement of accounts in the case of deceased employees.
“(4) The Office of Personnel Management shall have the same authority to prescribe regulations under this subsection as it has under section 5365 of title 5, United States Code, with respect to subchapter VI of chapter 53 of such title, as added by subsection (a) of this section.”
