Page:United States Statutes at Large Volume 72 Part 1.djvu/246

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PUBLIC LAW 85-462-JUNE 20, 1958

[72 S T A T.

regard to this Act, as a result of such adjustment under such section 803, and such basic compensation shall be paid in accordance with this paragraph (7) until— (A) he leaves his position, or (B) he is entitled to receive basic compensation at a higher rate by reason of the operation of any provision of the Classification Act of 1949, as amended. (8) If the officer or employee, at any time during the period beginning on the effective date of this section and ending on the date of enactment of this Act, became subject to the Classification Act of 1949, as amended, at a rate of basic compensation which was fixed on the basis of a higher previously earned rate and which is above the minimum rate of the grade of such officer or employee, his rate of basjc compensation shall be adjusted retroactively to the date on which he became subject to such Act, on the basis of the rate for that step of the appropriate grade of the General Schedule contained in this section which corresponds numerically to the step of the grade of the General Schedule for such officer or employee which was in effect (without regard to this Act) at the time he became subject to the 5 USC 1071 note. Classification Act of 1949 as in effect immediately prior to the effective date of this section. (9) Each officer or employee— (A)(i) who with his position has been transferred under authority of the Classification Act of 1949, at any time during the period beginning on the effective date of this section and ending on the date of enactment of this Act, from the General Schedule of the Classification Act of 1949 to a prevailing rate schedule, or (ii) who, at any time during such period, transferred from a position subject to the Classification Act of 1949 to a position subject to a prevailing rate schedule, (B) who, at all times subsequent to such transfer, was in the service of the United States (including the Armed Forces of the United States) or of the municipal government of the District of Columbia, without break in such service of more than thirty consecutive calendar days and, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, without break in service in excess of the period provided by law for the mandatory restoration of such individual to a position in or under the Federal Government or the municipal government of the District of Columbia, (C) who, on such date of enactment, is being compensated under a prevailing rate schedule, and (D) whose rate of basic compensation on such date of enactment is less than the rate to which he would have been entitled on such date if such transfer had not occurred (unless he is receiving such lesser rate by reason of an adverse personnel action resulting from his own fault), shall be paid basic compensation at a rate equal to the rate which he would have been receiving on such date of enactment (including compensation for each within-grade and longevity step-increase which he would have earned) if such transfer had not occurred until the day immediately following such date of enactment, for all time in a pay status on and after the effective date of this section in a position subject to a prevailing rate schedule under the circumstances prescribed in this subsection, until—

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