Page:United States Statutes at Large Volume 103 Part 1.djvu/699

 PUBLIC LAW 101-103—SEPT. 30, 1989 103 STAT. 671 "(C) If the rate of basic pay of the employee equals or exceeds the second reference rate on the day before the effective date of an increase under this section, and the performance of such employee is rated— "(i) at the level 2 levels above the fully successful level, the rate of basic pay of the employee shall be increased by an amount equivalent to a merit increase; "(ii) at the level 1 level above the fully successful level, the rate of basic pay of the employee shall be increased by an amount equivalent to one-half of a merit increase; or "(iii) at the fully successful level, the rate of basic pay of the employee shall be increased by an amount equivalent to one- third of a merit increase." (b) EFFECTIVE DATE.—The amendments made by subsection (a) 5 USC 5404 note, shall take effect on October 1, 1989, and shall apply with respect to any pay increase which becomes effective during the 18-month period beginning on that date. SEC. 4. AMENDMENTS RELATING TO PERFORMANCE AWARDS. Section 5406(c) of title 5, United States Code, is amended— (1) by striking subclause (III) of paragraph (2)(A)(i) and insert- ing the following: "(III) shall be 1.15 percent for each of fiscal years 1989, 1990, and 1991."; (2) in paragraph (2)(A)(ii) by striking "of the 5 fiscal years" and inserting "fiscal year"; and (3) by adding at the end the following: "(3) The estimate under paragraph (l)(A)(ii) for fiscal year 1991 shall not take into account any period following March 31 of that year.". SEC. . '->. PERFORMANCE IMPROVEMENT PLANS. (a) IN GENERAL.—Section 4302a(b) of title 5, United States Code, is amended by striking paragraphs (5) and (6) and inserting the following: "(5) procedures under which any employee whose perform- ance has been rated below fully successful shall be given a performance improvement plan (which shall include, along with such other matters as the agency may consider appropriate, a description of the types of improvements that the employee must demonstrate to attain the fully successful level of perform- ance) and a reasonable period of time to attain that level; and "(6) reassigning, reducing in grade, or removing any employee who fails to attain at least the fully successful level once aflofded the period under paragraph (5). The provisions of section 4303, relating to the reduction in grade or removal of an employee for unacceptable performance, shall apply with respect to any reduction in grade or removal under paragraph (6).". (b) EFFECTIVE DATE. —The amendment made by this section shall 5 usC 4302a take effect on October 1, 1989, and shall apply with respect to any note, performance determination (under section 4302a(b)(4) of title 5, United States Code) given on or after that date.

�