§ 4006. Other bases for promoting or increasing pay

• (a) The Secretary may pursuant to a recommendation of the Foreign Service Grievance Board, an equal employment opportunity appeals examiner, or the Special Counsel of the Merit Systems Protection Board, and shall pursuant to a decision or order of the Merit Systems Protection Board—
  • (1) recommend to the President a promotion of a member of the Service under section 3942(a) of this title ;
  • (2) promote a member of the Service under section 3943 of this title ;
  • (3) grant performance pay to a member of the Senior Foreign Service under section 3965(c) of this title ; or
  • (4) grant a within-class salary increase under section 3966 of this title to a member of the Service who is assigned to a salary class in the Foreign Service Schedule.
• (b) In implementing subsection (a) of this section and in cases in which the Secretary has exercised the authority of section 4005(b) of this title , the Secretary may, in special circumstances set forth by regulation, make retroactive promotions, grant performance pay, make retroactive within-class salary increases, and recommend retroactive promotions by the President.