[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Rules and Regulations]
[Page 76847]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de08-1]
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Rules and Regulations
Federal Register
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[[Page 76847]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 531
RIN 3206-AK88
Changes in Pay Administration Rules for General Schedule
Employees; Correction
AGENCY: U.S. Office of Personnel Management.
ACTION: Correcting amendment.
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SUMMARY: The U.S. Office of Personnel Management issued final
regulations on pay setting rules for General Schedule employees on
November 7, 2008 (73 FR 66143). This correcting amendment clarifies an
instruction.
DATES: Effective on December 18, 2008.
FOR FURTHER INFORMATION CONTACT: Carey Jones, (202) 606-2858.
SUPPLEMENTARY INFORMATION:
Background
As published, the final regulation omitted a definition name in an
amendatory instruction for Sec. 531.203. This correcting amendment
adds that name to the instruction so that the definition is properly
revised in the CFR.
List of Subjects in 5 CFR Part 531
Government employees, Law enforcement officers, Wages.
U.S. Office of Personnel Management.
Jeanne Jacobson,
Manager, Pay Administration Group.
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Accordingly, 5 CFR part 531 is corrected by making the following
correcting amendments:
PART 531--PAY UNDER THE GENERAL SCHEDULE
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1. The authority citation for part 531 continues to read as follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Public Law
103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991
Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5305,
5333, 5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5
U.S.C. 5335(g) and 7701(b)(2); Subpart E also issued under 5 U.S.C.
5336; Subpart F also issued under 5 U.S.C. 5304, 5305, and 5338; and
E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682 and E.O. 13106,
63 FR 68151, 3 CFR, 1998 Comp., p. 224.
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2. In Sec. 531.203, revise the definitions of position of record, rate
of basic pay, special rate, and special rate supplement to read as
follows:
Sec. 531.203 Definitions.
* * * * *
Position of record means an employee's official position (defined
by grade, occupational series, employing agency, LEO status, and any
other condition that determines coverage under a pay schedule (other
than official worksite)), as documented on the employee's most recent
Notification of Personnel Action (Standard Form 50 or equivalent) and
current position description. A position to which an employee is
temporarily detailed is not documented as a position of record. For an
employee whose change in official position is followed within 3
workdays by a reduction in force resulting in the employee's separation
before he or she is required to report for duty in the new position,
the position of record in effect immediately before the position change
is deemed to remain the position of record through the date of
separation.
* * * * *
Rate of basic pay means the rate of pay fixed by law or
administrative action for the position held by a GS employee before any
deductions, including a GS rate, an LEO special base rate, a special
rate, a locality rate, and a retained rate, but exclusive of additional
pay of any other kind. For the purpose of applying the maximum payable
rate rules in Sec. Sec. 531.216 and 531.221 using a rate under a non-
GS pay system as an employee's highest previous rate, rate of basic pay
means a rate of pay under other legal authority which is equivalent to
a rate of basic pay for GS employees, as described in this definition,
excluding a rate under Sec. 531.223. (See also 5 CFR 530.308, 531.610,
and 536.307.)
* * * * *
Special rate means a rate of pay within a special rate schedule
established under 5 CFR part 530, subpart C, or a similar rate for GS
employees established under other legal authority (e.g., 38 U.S.C.
7455). The term special rate does not include an LEO special base rate
or an adjusted rate including market pay under 38 U.S.C. 7431(c).
* * * * *
Special rate supplement means the portion of a special rate paid
above an employee's GS rate. However, for a law enforcement officer
receiving an LEO special base rate who is also entitled to a special
rate, the special rate supplement equals the portion of the special
rate paid above the officer's LEO special base rate. When a special
rate schedule covers both LEO positions and other positions, the value
of the special rate supplement will be less for law enforcement
officers receiving an LEO special base rate (since that rate is higher
than the corresponding GS rate). The payable amount of a special rate
supplement is subject to the Executive Schedule level IV limitation on
special rates, as provided in 5 CFR 530.304(a).
* * * * *
[FR Doc. E8-30106 Filed 12-17-08; 8:45 am]
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