12 2 STA T .354 1 PUBLIC LA W 11 0– 323 — S E PT. 22 , 200 8(b)PAYINCRE A S E D E FI NE D.—Forpu rpo se so fthi sse c tio n, the ter m‘ ‘p ay increase ’ ’, as use dw ith respect to an officer or emp l oyee in connection with a year, means the total increase in the rate of basic pay (e x pressed as a percenta g e) of such officer or employee, ta k ing effect under sections 731 (b) and 73 2 (c)(3) of title 31, U nited S tates C ode, in such year. (c) PR O S P EC T I V E E FFECT.—Effecti v e with respect to pay for service performed in any pay period beginning after the end of the 6- month period beginning on the date of the enactment of this A ct (or such earlier date as the Comptroller G eneral may specify), the rate of basic pay for each individual to whom this section applies shall be determined as if such individual had received both a 2.6 percent pay increase for 2 0 06anda2. 4 percent pay increase for 2007, sub j ect to subsection (e). (d) LUM P-SUM PAYMENT.— N ot later than 6 months after the date of the enactment of this Act, the Comptroller General shall, subject to the availability of appropriations, pay to each individual to whom this section applies a lump-sum payment. Subject to sub- section (e), such lump-sum payment shall be e q ual to— (1)(A) the total amount of basic pay that would have been paid to the individual, for service performed during the period beginning on the effective date of the pay increase for 2006 and ending on the day before the effective date of the pay adjustment under subsection (c) (or, if earlier, the date on which the individual retires or otherwise ceases to be employed by the Government Accountability O ffice), if such individual had received both a 2.6 percent pay increase for 2006 and a 2.4 percent pay increase for 2007, minus ( B ) the total amount of basic pay that was in fact paid to the individual for service performed during the period described in subparagraph (A)
and (2) increased by 4 percent of the amount calculated under paragraph (1). Eligibility for a lump-sum payment under this subsection shall be determined solely on the basis of whether an individual satisfies the requirements of subsection (a) (to be considered an individual to whom this section applies), and without regard to such individ- ual’s employment status as of any date following the date of the enactment of this Act or any other factor. (e) CONDITIONS.—Nothing in subsection (c) or (d) shall be considered to permit or require— (1) the payment of any rate (or portion of the lump-sum amount as calculated under subsection (d)(1) based on a rate) for any pay period, to the extent that such rate would be (or would have been) inconsistent with the limitation that applies (or that applied) with respect to such pay period under section 732(c)(2) of title 31, United States Code; or (2) the payment of any rate or amount based on the pay increase for 2006 or 2007 (as the case may be), if— (A) the performance of the officer or employee involved was not at a satisfactory level, as determined by the Comp- troller General under paragraph (3) of section 732(c) of such title 31 for purposes of the adjustment under such paragraph for that year; or (B) the individual involved was not an officer or employee of the Government Accountability Office on the date as of which that increase took effect. Deadlin e .Ef fe ct i v e date.
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