12 2 STA T .40 4 5PUBLIC LA W 110 –37 2 —O CT. 8, 2008 describ edi ntha ts u b p ara g raph sha l lbedee m edt o be the rate o f basic pa y set for the indi v idual under section 5376 of title 5 ,U nited S tates C ode, plus any applicable locality pay paid to that individual on the day before the effective date under paragraph (1) , sub j ect to regulations that the D irector of the O ffice of P ersonnel M anagement may pre - scribe . (3) REF E R E NC E STOMAXI M U M RATES. —Ex cept as other w ise provided by law, any reference in a provision of law to the maximum rate under section 5376 of title 5, United States Code— ( A ) as provided before the effective date of the amend- ments made by this section, shall be considered a reference to the rate of basic pay for level IV of the Executive Schedule
and ( B ) as provided on or after the effective date of the amendments made by this section, shall be considered a reference to— (i) the rate of basic pay for level III of the Executive Schedule; or (ii) if the head of the agency responsible for admin- istering the applicable pay system certifies that the employees are covered by a performance appraisal system meeting the certification criteria established by regulation under section 53 0 7(d), level II of the Executive Schedule. SEC.3 . LIM I TA TI ON SONCE R TAIN P A Y MENTS. (a) IN G ENERA L .—Section 5307(d) of title 5, United States Code, is amended— (1) in paragraph ( 2 ), by stri k ing all after ‘ ‘purposes of ’ ’ and inserting
‘‘applying the limitation in the calendar year involved, has a performance appraisal system certified under this subsection as making, in its design and application, mean- ingful distinctions based on relative performance.’’; and (2) in paragraph (3)(B)— (A) by striking all beginning with ‘‘An’’ through ‘‘2 calendar years’’ and inserting ‘‘ T he certification of an agency performance appraisal system under this subsection shall be for a period not to exceed 2 4 months beginning on the date of certification, unless extended by the Director of the Office of Personnel Management for up to 6 addi- tional months’’; and (B) by striking ‘‘, for purposes of either or both of those years,’’. (b) EXTENSION OF CERTIFICATION.— (1) EXTENSION TO 20 0 9 .— (A) IN G ENERAL.— F or any certification of a perform- ance appraisal system under section 5307(d) of title 5, United States Code, in effect on the date of enactment of this Act and scheduled to expire at the end of calendar year 200 8 , the Director of the Office of Personnel Manage- ment may provide that such a certification shall be extended without re q uiring additional justification by the agency. 5USC 5 307note.Tim e p e r io d .
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