Page:United States Statutes at Large Volume 92 Part 1.djvu/1072

 92 STAT. 1018

PUBLIC LAW 95-429—OCT. 10, 1978

maximum rate, if higher) of salary or basic pay payable for such office or position for September 30, 1978, if the rate of salary or basic pay for such office or position is— (1) fixed at a rate which is equal to or greater than the rate of ,., basic pay for level V of the Executive Schedule under section 6316 of title 5, United States Code, or (2) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level V (or to a percentage of such a maximum rate) by reason of section 5308 of title 5, United States Code, or any other provision of law or congres, '. sional resolution. (b) For purposes of subsection (a), the rate or maximum rate (as the case may be) of salary or basic pay payable for September 30, 1978, for any office or position which was not in existence on such date shall be deemed to be the rate or maximum rate (as the case may be) of salary or basic pay payable to individuals in comparable offices or positions for such date, as determined under regulations prescribed— (1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia; (2) jointly by the Speaker of the House and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or (3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch. (c) For purposes of administering any provision of law, rule, or regulation which provides retirement, life insurance, or other employee benefit, which requires any deduction or contribution, or which 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. 5 USC 5305 note. SEC. 614. (a) No part of any of the funds appropriated for the fiscal year ending September 30, 1979, by this Act or any other Act, may be used to pay the salary or pay of any individual in any office or position in an amount which exceeds the rate of salary or basic pay payable for such office or position on September 30, 1978, by more than 5.5 percent, as a result of any adjustments which take effect during such fiscal year under— (1) section 5305 of title 5, United States Code; (2) any other provision of law if such adjustment is determined by reference to such section 5305; or (3) section 5343 of title 5, United States Code, if such adjustment is granted pursuant to a wage survey (but only with respect to prevailing rate employees described in section 5342(a)(2)(A) -t. '' of that title). (b) For the purpose of administering any provision of law, rule, or ..,,£,' regulation which provides premium pay, retirement, life insurance, or other employee benefit, which requires any deduction or contribution, or which imposes any requirement or limitation, on the basis of a rate

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