Page:United States Statutes at Large Volume 79.djvu/1152

 1112

fu?c*\u3' note. 5 USC 926 note.

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PUBLIC LAW 89-301-OCT. 29, 1%5

[79 STAT.

(3) If the officer or employee is receiving basic compensation inmiediately prior to the effective date of this section at a rate in excess of the maximum rate for his grade, he shall receive (A) the maximum ratAi for his grade in the new schedule, or (B) his existing rate of basic compensation if such existing rate is higher. (4) If the offiicer or employee, immediately prior to the effective date of this section, is receiving, pursuant to section 2(b)(4) of the Federal Employees Salary Increase Act of 1955, an existing aggregate rate of compensation determined under section 208(b) ^ | ^j^p ^^^ ^^ September 1, 1954 (68 Stat. 1111), plus subsequent 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 purposes of section ^08 (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, 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 eft'ect (without regard to this Act) at the time of such promotion, R E DETERMINATION S OF ACCEPTABLE LEVELS OF C O M P E T E N C E

76 Stat. 847.

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SEC. 3. Section 701 of the Classification Act of 1949, as amended ^5 U.S.C. 1121), Is amended by adding the following new subsection at the end thereof: "(c) Whenever a determination is made under subsection (a) of this section that the work of an officer or employee is not of an acceptable level of competence, he shall be given prompt written notice of that determination and an opportunity for reconsideration of the determination within his department under uniform procedures established by the Commission. If the determination is affirmed upon reconsideration, the employee shall have a right of appeal to the Commission. If the reconsideration or appeal results m a reversal of the earlier determination, the new determination shall supersede the earlier determination and shall be deemed to have been made as ^^ th® ^^^® ^^ ^h® earlier determination. The authority of the Commission to establish procedures and the right of appeal by the officer or employee to the Commission shall not apply to determinations of acceptable level of competence made by the Librarian of Congress."

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