5 C.F.R. § 530.323 Setting pay when a special rate is discontinued or decreased.
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 530—PAY RATES AND SYSTEMS (GENERAL)
Subpart C—Special Rate Schedules for Recruitment and Retention
Setting an Employee's Rate of Pay
§ 530.323 Setting pay when a special rate is discontinued or decreased.
(a) General. This section applies when a special rate applicable to a position is discontinued or decreased because of—
(1) A reduction or termination of the rates of the special rate schedule (or of rates of a rate range within a schedule); or
(2) The reduction in the scope of coverage of the special rate schedule.
(b) Employee entitled to pay retention. When a special rate applicable to a position is discontinued or decreased, and an employee holding the position is entitled to pay retention under 5 CFR part 536 as a result, the employee's rate of pay must be set consistent with the requirements in 5 CFR part 536, subpart C.
(c) Employee not entitled to pay retention. When a special rate applicable to a position is discontinued or decreased, and an employee holding the position is not entitled to pay retention under 5 CFR part 536, the employee's rate of pay is set in the highest applicable rate range at the grade and step (or rate) that corresponds to the grade and step (or rate) for the employee's existing special rate (as in effect immediately before the schedule change).
(d) Employee receiving a retained rate. When a special rate applicable to a position is discontinued or decreased, and the employee holding the position is receiving a retained rate immediately before the schedule change, the employee's rate of pay must be set consistent with the requirements in 5 CFR part 536, subpart C (or 5 CFR 359.705 for a former member of the Senior Executive Service receiving a retained rate under that section).
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