Page:United States Statutes at Large Volume 118.djvu/2345

 118 STAT. 2315 PUBLIC LAW 108–411—OCT. 30, 2004 (H) by adding at the end the following: ‘‘(i) If an employee who is receiving a rate of pay under this section becomes subject, by virtue of moving to a new official duty station, to a different pay schedule, such employee’s new rate of pay shall be initially established under conversion rules prescribed by the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) in conformance with the following: ‘‘(1) First, determine the rate of pay to which such employee would be entitled at the new official duty station based on such employee’s position, grade, and step (or relative position in the rate range) before the move. ‘‘(2) Then, if (in addition to the change in pay schedule) the move also involves any personnel action or other change requiring a rate adjustment under any other provision of law, rule, or regulation, apply the applicable rate adjustment provi sions, treating the rate determined under paragraph (1) as if it were the rate last received by the employee before the rate adjustment. ‘‘(j) A rate determined under a schedule of special rates estab lished under this section shall be considered to be part of basic pay for purposes of subchapter III of chapter 83, chapter 84, chapter 87, subchapter V of chapter 55, and section 5941, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe.’’; (3) in section 5334— (A) in subsection (b), by adding at the end the following: ‘‘If an employee’s rate after promotion or transfer is greater than the maximum rate of basic pay for the employee’s grade, that rate shall be treated as a retained rate under section 5363. The Office of Personnel Management shall prescribe by regulation the circumstances under which and the extent to which special rates under section 5305 (or similar provision of law) or locality adjusted rates under section 5304 (or similar provision of law) are considered to be basic pay in applying this subsection.’’; and (B) by adding at the end the following: ‘‘(g) In the case of an employee who— ‘‘(1) moves to a new official duty station, and ‘‘(2) by virtue of such move, becomes subject to a different pay schedule, any rate adjustment under the preceding provisions of this section, with respect to such employee in connection with such move, shall be made— ‘‘(A) first, by determining the rate of pay to which such employee would be entitled at the new official duty station based on such employee’s position, grade, and step (or relative position in the rate range) before the move, and ‘‘(B) then, by applying the provisions of this section that would otherwise apply (if any), treating the rate determined under subparagraph (A) as if it were the rate last received by the employee before the rate adjustment.’’; (4) in section 5361— (A) by amending paragraph (4) to read as follows: ‘‘(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— Regulations.

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