Page:United States Statutes at Large Volume 78.djvu/443

 78

STAT. ]

PUBLIC LAW 88-426-AUG. 14, 1964

401

the maximum rate for his grade in the new schedule, or (B) his existing rate of basic compensation if such existing rate is higher. (4) If the officer or employee, immediately prior to the effective date of this section, is receiving, pursuant to section 2(b)(4) of 173. the Federal Employees Salary Increase Act of 1955, an existing 69uStat. 1113 5 se aggregate rate of compensation determined under section 208(b) note of the Act of September 1, 1954 (68 Stat. 1111), plus subsequent ^ use 926 note increases authorized by law, he shall receive an aggregate rate of compensation equal to the sum of his existing aggregate rate of compensation, on the day preceding the effective date of this section, plus the amount of increase made by this section in the maximum rate of his grade, until (i) he leaves his position, or (ii) he is entitled to receive aggregate compensation at a higher rate by reason of the operation of this Act or any other provision of law; but, when such position becomes vacant, the aggregate rate of compensation of any subsequent appointee thereto shall be fixed in accordance with applicable provisions of law. Subject to clauses (i) and (ii) of the immediately preceding sentence of this paragraph, the amount of the increase provided by this section shall be held and considered for the purpose of section 208(b) of the Act of September 1, 1954, to constitute a part of the existing rate of compensation of the employee. (5) If the officer or employee is in a position in grade 16 or 17 of the General Schedule of the Classification Act of 1949, as amended, to which he was promoted on or after the first day of his first pay period beginning on or after January 1, 1964, and if he held such position, or another position in the same grade, on the effective date of this section, his rate of basic compensation shall be adjusted, as of such effective date, to that rate of basic compensation to which he would have been entitled if the compensation schedule in subsection (a) of this section had been in effect on the date of his promotion. (6) 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, was promoted from one grade under the Classification Act of 1949, as amended, to another such grade at a rate which is above the minimum rate thereof, his rate of basic compensation shall be adjusted retroactively from the effective date of this section to the date on which he was so promoted, on the basis of the rate which he was receiving during the period from such effective date to the date of such promotion and, from the date of such promotion, 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 of such promotion. SEC. 103. (a) Section 801 of the Classification Act of 1949 (5 ^i^fP^^^J^^i^^' U.S.C. 1131), relating to new appointments, is amended to read as ^'^^'J^"" ^^ ^^ follows:

Exceptions.

"SEC. 801. All new appointments shall be made at the minimum rate of the appropriate grade, except that in accordance with regulations prescrilbed by the Commission which provide for such considerations as the candidate's existing salary, unusually high or uniq^ue qualifications, or a special need of the Government for his services, the head of any department may, with the approval of the Commission in each specific case, appoint individuals to positions in grade 13 and above of the General Schedule at such rate or rates above the minimum rate of the appropriate grade as the Commission

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