92 STAT. 1172
PUBLIC LAW 95-454—OCT. 13, 1978
' ' (b) I n no event may the aggregate amount paid to a senior execuAnte, p. 1170. tive during any fiscal year under sections 4507, 5382, and 5384 of this title exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such fiscal year. " (c) Except for any pay adjustment under section 5382 of this title, Ihe rate of basic pay for any senior executive may not be adjusted more than once during any 12-month period. " (d) The rate of basic pay for any career appointee may be reduced from any rate of basic pay to any lower rate of basic pay only if the career appointee receives a written notice of the reduction at least 15 days in advance of the reduction. 5 USC 5384. "§ 5384. Performance awards in the Senior Executive Service " (a)(1) To encourage excellence in performance by career appointees, performance awards shall be paid to career appointees in accordance with the provisions of this section. " (2) Such awards shall be paid in a l u m p sum and shall be in addition to the basic pay paid under section 5382 of this title or any a w a r d Ante, p. 1170. paid under section 4507 of this title. ' ' (b)(1) No performance award under this section shall be paid to any career appointee whose performance was determined to be less than fully successful at the time of the appointee's most recent performance appraisal and r a t i n g under subchapter II of chapter 43 of Ante, p. 1167. this title. " (2) The amount of a performance a w a r d under this section shall be determined by the agency head but may not exceed 20 percent of the • career appointee's rate of basic pay. • Ht:< " (3) The number of career appointees in any agency p a i d performance awards under this section during any fiscal year may not exceed 50 percent of the number of Senior Executive Service positions in such agency. This paragraph shall not apply in the case of any agency which has less than 4 Senior Executive Service positions. " (c) Performance awards paid by any agency under this section shall be based on recommendations by performance review boards Ante, p. 1169. established by such agency under section 4314 of this title. " (d) The Office of Personnel Management may issue guidance to , „,,,,^ agencies concerning the proportion of Senior Executive Service salary expenses that may be appropriately applied to payment of performance awards and the distribution of awards. 5 USC 5385. "§5385. Regulations " The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.". (b) The analysis of chapter 53 of title 5, United States Code, is amended by adding at the end thereof the following new items: "SUBCHAPTER VIII—PAY FOR THE SENIOR EXECUTIVE SERVICE "Sec. "5381. Definitions. "5382. Establishment and adjustment of rates of pay for the Senior Executive Service. ".5383. Setting individual senior executive pay. r = "5384. Performance awards in the Senior Executive Service. "5385. Regulations.". ' '