Page:United States Statutes at Large Volume 123.djvu/2640

 123STA T . 2 6 2 0PUBLIC LA W 111 –84—O CT. 28 , 200 9(F)inclause ( v ii) (in th e m atte rfo llo w in g su bp aragraph ( D )), b y inserting ‘ ‘,e x cept for a position covere d by subparagraph ( C ) ’ ’ before the period and ( 4 ) in subsection (h)( 2 ) — ( A ) in subparagraph ( B )(i), by stri k ing ‘‘and (B)’’ and inserting ‘‘through (C)’’; and (B) in subparagraph (B)(ii), by striking ‘‘( 1 )(C)’’ and inserting ‘‘(1)(D)’’ . (b) A L L OWANCES BASE D ON LIV IN G COS T S AND CONDITIONS O FE NVI R ON M ENT.— S ection 59 41 of title 5, U nited States Code, is amended— (1) in subsection (a), by adding at the end the following ‘‘ N otwithstanding any preceding provision of this subsection, the cost - of-living allowance rate based on paragraph (1) shall be the cost-of-living allowance rate in effect on the date of enactment of the Non-Foreign Area R etirement E q uity Assur- ance Act of 2 0 09, except as ad j usted under subsection (c).’’; (2) by redesignating subsection (b) as subsection (d); and ( 3 ) by inserting after subsection (a) the following: ‘‘(b) T his section shall apply only to areas that are designated as cost-of-living allowance areas as in effect on December 31, 2009. ‘‘(c)(1) The cost-of-living allowance rate payable under this sec- tion shall be adjusted on the first day of the first applicable pay period beginning on or after— ‘‘(A) J anuary 1, 2010; and ‘‘(B) January 1 of each calendar year in which a locality- based comparability adjustment takes effect under paragraphs (2) and (3), respectively, of section 1914 of the Non-Foreign Area Retirement Equity Assurance Act of 2009. ‘‘(2)(A) I n this paragraph, the term ‘applicable locality-based comparability pay percentage’ means, with respect to calendar year 2010 and each calendar year thereafter, the applicable percentage under paragraph (1), (2), or (3) of section 1914 of Non-Foreign Area Retirement Equity Assurance Act of 2009. ‘‘(B) Each adjusted cost-of-living allowance rate under para- graph (1) shall be computed by— ‘‘(i) subtracting 6 5 percent of the applicable locality-based comparability pay percentage from the cost-of-living allowance percentage rate in effect on December 31, 2009; and ‘‘(ii) dividing the resulting percentage determined under clause (i) by the sum of— ‘‘(I) one; and ‘‘(II) the applicable locality-based comparability pay- ment percentage expressed as a numeral. ‘‘(3) No allowance rate computed under paragraph (2) may be less than z ero. ‘‘(4) Each allowance rate computed under paragraph (2) shall be paid as a percentage of basic pay (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law).’’. SEC.19 1 3 . ADJU S TM E N T OF S P EC I A LR ATES. (a) IN G ENERAL.—Each special rate of pay established under section 5305 of title 5, United States Code, and payable in an area designated as a cost-of-living allowance area under section 5941(a) of that title, shall be adjusted, on the dates prescribed Defin i t i o n .T i m e p e r io d. A pp l i cab ilit y .