12 2 STA T .3540PUBLIC LA W 110 – 323 — S E PT. 22 , 200 8‘ ‘ (i)who i san o f fi cer ore mpl o y ee of t he G o v ernment A cco u nta b ility O ffice , other than an officer or employee d escribed in subpara g raph (A), ( B ),or( C ) of section 4 (c)( 1 ) of the Government Accountability Office Act of 20 0 8 , deter - mined as of the effective date of such pay increase
and ‘‘(ii) whose performance is at least at a satisfactory level, as determined by the Comptroller General under the provisions of subsection (c)( 3 ) for purposes of the ad j ust- ment ta k ing effect under such provisions in such year; and ‘‘( D ) the term ‘nonpermanent merit pay ’ means any amount payable under section 7 31(b) which does not constitute basic pay . ‘‘(2)(A) N otwithstanding any other provision of this chapter, if (disregarding this subsection) the pay increase that would other- wise take effect with respect to a covered officer or employee in a year would be less than the re q uired minimum percentage for such officer or employee in such year, the Comptroller General shall provide for a further increase in the rate of basic pay of such officer or employee. ‘‘(B) T he further increase under this subsection — ‘‘(i) shall be equal to the amount necessary to make up for the shortfall described in subparagraph (A); and ‘‘(ii) shall take effect as of the same date as the pay increase otherwise taking effect in such year. ‘‘(C) Nothing in this paragraph shall be considered to permit or require that a rate of basic pay be increased to an amount inconsistent with the limitation set forth in subsection (c)(2). ‘‘(D) I f (disregarding this subsection) the covered officer or employee would also have received any nonpermanent merit pay in such year, such nonpermanent merit pay shall be decreased by an amount equal to the portion of such officer’s or employee’s basic pay for such year which is attributable to the further increase described in subparagraph (A) (as determined by the Comptroller General), but to not less than z ero. ‘‘(3) Notwithstanding any other provision of this chapter, the effective date of any pay increase (within the meaning of paragraph (1)(A)) taking effect with respect to a covered officer or employee in any year shall be the same as the effective date of any adjustment taking effect under section 5 303 of title 5 with respect to statutory pay systems (as defined by section 5302(1) of title 5) in such year.’’. (b) EF F ECTIV ED A TE.—The amendment made by this section shall apply with respect to any pay increase (as defined by such amendment) taking effect on or after the date of the enactment of this Act. SEC.3 . PAY A DJU S TM E N T R E L AT I N G T O CERTAIN PRE V IOUS YEARS. (a) A P P L ICA B ILIT Y .—This section applies in the case of any individual who, as of the date of the enactment of this Act, is an officer or employee of the Government Accountability Office, e x cluding— (1) an officer or employee described in subparagraph (A), (B), or (C) of section 4(c)(1); and (2) an officer or employee who received both a 2. 6 percent pay increase in J anuary 2006 and a 2.4 percent pay increase in F ebruary 2007. 31USC7 3 2note. 31 USC 732 note.
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