PUBLIC LAW 101-509 —NOV. 5, 1990 104 STAT. 1449 "(4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of chapter 53;". SEC. 106. ELIMINATION OF GS-11 THRESHOLD FOR NEW APPOINTEES TO BE PAID ABOVE MINIMUM RATES. Section 5333(a) of title 5, United States Code, is amended by striking "in GS-11 or above". SEC. 107. ADVANCES OF PAY. (a) IN GENERAL. — Subchapter III of chapter 55 of title 5, United States Code, is amended by inserting after section 5524 the following new section: "§ 5524a. Advance payments for new appointees "(a) The head of each agency may provide for the advance pay- ment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency. "(b)(1) Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed. "(2) The head of each agency shall provide for— "(A) the review of the account of each employee of the agency in receipt of any payment under this section; and "(B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had performed active service under the terms of such employee's appointment during each period in the position to which appointed. "(c) An advance payment under this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or such employ- ee's estate by— "(1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and "(2) such other method as is provided by law. The head of the agency concerned may waive in whole or in part a right of recovery of an advance payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest.". (b) TABLE OF SECTIONS. —The table of sections for chapter 55 of title 5, United States Code, is gmiended by inserting after the item relating to section 5524 the following new item: "5524a. Advance payments for new appointees.". SEC. 108. REEMPLOYMENT OF RETIREES. (a) AMENDMENT TO 5 U.S.C. 5532.— Section 5532 of title 5, United States Code, is amended by adding at the end the following new subsection: -194O-91-4:QL3Part3
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