';


Title 5 Part 536 → Subpart C → §536.310

Title 5 → Chapter I → Subchapter B → Part 536 → Subpart C → §536.310

Electronic Code of Federal Regulations e-CFR

Title 5 Part 536 → Subpart C → §536.310

e-CFR data is current as of September 13, 2019

Title 5Chapter ISubchapter BPart 536Subpart C → §536.310


Title 5: Administrative Personnel
PART 536—GRADE AND PAY RETENTION
Subpart C—Pay Retention


§536.310   Exceptions for certain employees in nonforeign areas.

(a) Notwithstanding §§536.304(b)(3) and 536.306(a), an employee who is receiving a retained rate in excess of Executive Schedule level IV on January 1, 2012, consistent with the Non-Foreign Retirement Equity Assurance Act of 2009 (subtitle B of title XIX of Pub. L. 111-84), may continue to receive a retained rate higher than Executive Schedule level IV until—

(1) The retained rate becomes equal to or falls below Executive Schedule level IV; or

(2) The employee ceases to be entitled to pay retention under §536.308.

(b) Notwithstanding 5 U.S.C. 5361(1) and §536.102(b)(2), an employee who is employed on a temporary or term basis is not barred from receiving a retained rate if such employee—

(1) Is receiving a special rate above Executive Schedule level IV on January 1, 2012, and is covered by paragraph (a) of this section; or

(2) Is receiving a special rate incorporating an additional adjustment under section 1915(b)(1) of the Non-Foreign Retirement Equity Assurance Act (subtitle B of title XIX of Pub. L. 111-84) at the time the employee's special rate schedule is reduced or terminated.

[76 FR 68634, Nov. 7, 2011]