Page:United States Statutes at Large Volume 123.djvu/3227

 123STA T . 32 07PUBLIC LA W 111 – 117 —DE C.1 6, 200 9yearsuntil t h en o r m ale f fe c ti v e d ateofthea p plica b le w a g e survey ad j ustment that is to ta k e effect in fiscal year 201 0, in an amount that e x ceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section and ( 2 ) during the period consisting of the remainder of fiscal year 2010, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of — ( A ) the percentage adjustment taking effect in fiscal year 2010 under section 53 03 of title 5, U nited S tates C ode, in the rates of pay under the G eneral Schedule; and ( B ) the difference between the overall average percent - age of the locality-based comparability payments taking effect in fiscal year 2010 under section 530 4 of such title (whether by adjustment or otherwise), and the overall aver- age percentage of such payments which was effective in the previous fiscal year under such section . (b) N otwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 534 8 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee. (c) F or the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 200 9, shall be deter- mined under regulations prescribed by the O ffice of P ersonnel M anagement. (d) Notwithstanding any other provision of law, rates of pre- mium pay for employees subject to this section may not be changed from the rates in effect on September 30, 2009, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section. (e) T his section shall apply with respect to pay for service performed after September 30, 2009. (f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retire- ment, life insurance, or any other employee benefit) that re q uires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay. (g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect. (h) The Office of Personnel Management may provide for excep- tions to the limitations imposed by this section if the Office deter- mines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. S EC . 7 11. D uring the period in which the head of any depart- ment or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in Notif i ca tio n.Ap p l ica b ilit y . Regu lation s .