Page:United States Statutes at Large Volume 107 Part 2.djvu/31

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PUBLIC LAW 103-89—SEPT. 30, 1993 107 STAT. 983 (C) in section 1733(b)(l)(A)(i) by striking "Schedule (including an employee covered by chapter 54 of title 5)," and inserting "Schedule,". (4) TITLE 31, UNITED STATES CODE. —Section 731(b) of title 31, United States Code, is amended by inserting ", as in effect on October 31, 1993" after "section 5401 of title 5^ (c) EFFECTIVE DATE.— The amendments made by this section 5 USC 3372 note. shall take effect as of November 1, 1993. SEC. 4. TREATMENT OF EMPLOYEES COVERED BY THE SYSTEM AS Pay scales. OF ITS TERMINATION DATE. 5 USC 5401 note. (a) DEFINITIONS.— For purposes of this section— (1) the term "employee" means an individual employed by an agency (within the meaning of section 7103(a)(3) of title 5, United States Code); (2) the term "performance management and recognition system" means the performance management and recognition system under chapter 54 of title 5, United States Code; (3) the term "basic pay" does not include any amount payable under section 302 or title IV of FEPCA or section y 5304 or 5304a of title 5, United States Code; (4) the term "pay rate", as used in clauses (iii) through (v) of subsection (c)(2)(B), is used in the same way as such term is used under section 5335(a) of title 5, United States Code; and (5) the term "FEPCA" means the Federal Employees Pay Comparability Act of 1990 (contained in the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101-509; 104 Stat. 1427)). (b) APPLICABILITY.—Notwithstanding section 5332(a)(l) of title 5, United States Code (as amended by section 3(b)(l)(F)), or any other provision of law, the rate of basic pay for an employee covered by the performance management and recognition system on October 31, 1993, shall be determined in accordance with this section so long as such employee continues, without a break in service of more than 3 days, to occupy any position— (1) which is in the same grade of the (general Schedule, and the same agency, as the position which such employee occupied on October 31, 1993; and (2) to which the provisions of chapter 54 of title 5, United States Code (as in effect on October 31, 1993) would apply if such provisions had remained in effect. (c) SPECIAL RULES.— (1) IN GENERAL.—The rate of basic pay for an employee who is subject to this section shall be the rate payable to such employee on October 31, 1993, subject to paragraph (2). (2) ADJUSTMENTS.— Adjustments in the rate of basic pay for an employee who is subject to this section shall be made in accordance with the relevant provisions of title 5, United States Code, or otherwise applicable provisions of law, subject to the following: (A) DEEM RATES AND POSITIONS TO BE UNDER THE GEN- ERAL SCHEDULE. — For purposes of applying subchapters I and III of chapter 53 of such title (and the provisions of section 302 and title IV of FEPCA with respect to any paymentunder any of those provisions)—