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Code of Federal Regulations Title 5. Administrative Personnel § 5.536.310 Exceptions for certain employees in nonforeign areas

Current as of January 02, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 5. Administrative Personnel § 5.536.310 Exceptions for certain employees in nonforeign areas - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-5-administrative-personnel/cfr-sect-5-536-310/

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