123STA T . 2 6 2 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(I I )becom e s e lig ible t obe pa i d a n allo w ance u nde r section 10 0 5 (b) o f title 39,U nited S tates C ode
(III) is emplo y edbyt h e T ransportation Secu - rity A dministration of the D epartment of H ome- land Security and becomes eligible to be paid an allowance based on section 59 4 1 of title 5, United States Code; or (I V ) becomes eligible to be paid under any other authority a cost-of-li v ing allowance that is e q uivalent to the cost-of-living allowance under section 5941 of title 5, United States Code . ( 2 )A P P LICAT I ON TO CO VER E D E M PLO Y EE S . — (A) IN G ENERAL.— N otwithstanding any other provision of law, for purposes of this subtitle (including the amend- ments made by this subtitle) any covered employee shall be treated as an employee to whom section 5941 of title 5, United States Code (as amended by section 1912 of this subtitle), and section 1914 of this subtitle apply. ( B ) P AY F I X ED B Y STAT U TE.—Pay to covered employees under section 5304 or 5304a of title 5, United States Code, as a result of the application of this subtitle shall be considered to be fi x ed by statute. (C) PERFORMANCE APPRAISAL SYSTEM.— W ith respect to a covered employee who is sub j ect to a performance appraisal system no part of pay attributable to locality- based comparability payments as a result of the application of this subtitle including section 5941 of title 5, United States Code (as amended by section 1912 of this subtitle), may be reduced on the basis of the performance of that employee. (b) POSTAL E MPLOYEES IN NON-FOREIGN AREAS.— (1) IN GENERAL.—Section 1005(b) of title 39, United States Code, is amended— (A) by inserting ‘ ‘(1) ’ ’ after ‘‘(b)’’; (B) by stri k ing ‘‘Section 5941,’’ and inserting ‘‘Except as provided under paragraph (2), section 5941’’; (C) by striking ‘‘ F or purposes of such section,’’ and inserting ‘‘Except as provided under paragraph (2), for pur- poses of section 5941 of that title,’’; and (D) by adding at the end the following
‘‘(2) O n and after the date of enactment of the Non-Foreign Area R etirement Equity Assurance Act of 2009— ‘‘(A) the provisions of that Act and section 5941 of title 5 shall apply to officers and employees covered by section 1003 (b) and (c) whose duty station is in a nonforeign area; and ‘‘(B) with respect to officers and employees of the Postal Service (other than those officers and employees described under subparagraph (A)) of section 191 6 (b)(2) of that Act shall apply.’’. (2) CONTINUATION OF COST OF LIVING ALLO W ANCE.— (A) IN GENERAL.—Notwithstanding any other provision of this subtitle, any employee of the Postal Service (other than an employee covered by section 1003 (b) and (c) of title 39, United States Code, whose duty station is in a nonforeign area) who is paid an allowance under section
