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5 U.S.C. § 5361

Title 5 Chapter 53 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 5361. Definitions

For the purpose of this subchapter—

  • (1) “employee” means an employee to whom chapter 51 of this title applies, and a prevailing rate employee, as defined by section 5342(a)(2) of this title , whose employment is other than on a temporary or term basis;
  • (2) “agency” has the meaning given it by section 5102 of this title ;
  • (3) “retained grade” means the grade used for determining benefits to which an employee to whom section 5362 of this title applies is entitled;
  • (4) “rate of basic pay” means—
    • (A) the rate of basic pay payable to an employee under law or regulations before any deductions or additions of any kind, but including—
      • (i) any applicable locality-based comparability payment under section 5304 or similar provision of law;
      • (ii) any applicable special pay under section 5305 or similar provision of law; and
      • (iii) subject to such regulations as the Office of Personnel Management may prescribe, any applicable existing retained rate of pay established under section 5363 or similar provision of law; and
    • (B) in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343;
  • (5) “covered pay schedule” means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or a special occupational pay system under subchapter IX;
  • (6) “position subject to this subchapter” means any position under a covered pay schedule;
  • (7) “reduction-in-force procedures” means procedures applied in carrying out any reduction in force due to a reorganization, due to lack of funds or curtailment of work, or due to any other factor; and
  • (8) “retained rate” means the rate of basic pay to which an employee is entitled under section 5363(b)(2).

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