118 STAT. 2317 PUBLIC LAW 108–411—OCT. 30, 2004 ‘‘(A) moves to a new official duty station, and ‘‘(B) in conjunction with such move, becomes subject to both a different pay schedule and (disregarding this subsection) the preceding provisions of this section, this section shall be applied— ‘‘(i) first, by determining the rate of pay to which such employee would be entitled at the new official duty station based on such employee’s position, grade, and step (or relative position in the pay range) before the move, and ‘‘(ii) then, by applying the provisions of this section that would apply (if any), treating the rate determined under clause (i) as if it were the rate last received by the employee before the application of this section. ‘‘(2) A reduction in an employee’s rate of basic pay resulting from a determination under paragraph (1)(ii) is not a basis for an entitlement under this section. ‘‘(3) The rate of basic pay for an employee who is receiving a retained rate at the time of moving to a new official duty station at which different pay schedules apply shall be subject to regula tions prescribed by the Office of Personnel Management consistent with the purposes of this section. ‘‘(d) A retained rate shall be considered part of basic pay for purposes of this subchapter and for purposes of subchapter III of chapter 83, chapters 84 and 87, subchapter V of chapter 55, section 5941, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe. The Office shall, for any purpose other than any of the purposes referred to in the preceding sentence, prescribe by regulation what constitutes basic pay for employees receiving a retained rate. ‘‘(e) This section shall not apply, or shall cease to apply, to an employee who— ‘‘(1) has a break in service of 1 workday or more; ‘‘(2) is entitled, by operation of this subchapter, chapter 51 or 53, or any other provision of law, to a rate of basic pay which is equal to or higher than, or declines a reasonable offer of a position the rate of basic pay for which is equal to or higher than, the retained rate to which the employee would otherwise be entitled; or ‘‘(3) is demoted for personal cause or at the employee’s request.’’; and (6) in section 5365(b), by inserting after ‘‘provisions of this subchapter’’ the following: ‘‘(subject to any conditions or limitations the Office may establish)’’. (b) SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS.—Section 403(c) of the Federal Employees Pay Comparability Act of 1990 (5 U.S.C. 5305 note) is amended by striking all after ‘‘provision of law)’’ and inserting ‘‘and shall be basic pay for all purposes. The rates shall be adjusted at the time of adjustments in the General Schedule to maintain the step linkage set forth in sub section (b)(2).’’. (c) REPEAL.—Section 4505a(a)(2) of title 5, United States Code, is amended— (1) by striking ‘‘(2)(A)’’ and inserting ‘‘(2)’’; and (2) by striking subparagraph (B). (d) EFFECTIVE DATE; CONVERSION RULES.— 5 USC 5363 note. Regulations.
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