Page:United States Statutes at Large Volume 92 Part 1.djvu/1272

 92 STAT. 1218

PUBLIC LAW 95-454—OCT. 13, 1978 MISCELLANEOUS PROVISIONS

5 USC 5343 note.

SEC. 704. (a) Those terms and conditions of employment and other employment benefits with respect to Government prevailing rate 5 USC 5343 note, employees to whom section 9(b) of Public Law 92-392 applies which were the subject of negotiation in accordance with prevailing rates and practices prior to August 19, 1972, shall be negotiated on and after the date of the enactment of this Act in accordance with the provisions of section 9(b) of Public Law 92-392 without regard to any provision Ante, p. 1191. of chapter 71 of title 5, United States Code (as amended by this title), to the extent that any such provision is inconsistent with this paragraph. (b) The pay and pay practices relating to employ^ees referred to in paragraph (1) of this subsection shall be negotiated m accordance with prevailing rates and pay practices without regard to any provision of— (A) chapter 71 of title 5, United States Code (as amended by this title), to the extent that any such provision is inconsistent with this paragraph; (B) subchapter IV of chapter 53 and subchapter V of chapter 5 USC 5341, 55 of title 5, United States Code; or 5541. (C) any rule, regulation, decision, or order relating to rates of pay or pay practices under subchapter IV of chapter 53 or subchapter V of chapter 55 of title 5, United States Code. TITLE VIII—GRADE AND P A Y RETENTION GRADE AND PAY RETENTION

5 USC 5301 ^^ •^^9-

SEC. 801. (a)(1) Chapter 53 of title 5, United States Code, relating to pay rates and systems, is amended by inserting after subchapter V thereof the following new subchapter:

"SUBCHAPTER VI—GRADE AND PAY RETENTION ' 5 USC 5361.

5 USC 5342. 5 USC 5102.

5 USC 5343. Ante, p. 1180. iff

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«§536L Definitions "For the purpose of this subchapter— " (1) 'employee' means an employee to whom chapter 51 of this title applies, and a prevailing rate employee, as defined by section 5342(a)(2) of this title, whose employment is other than on a temporary or term basis; "(2) 'agency' has the meaning given it by section 5102 of this title; "(3) 'retained grade' means the grade used for determining benefits to which an employee to whom section 5362 of this title applies is entitled; "(4) 'rate of basic pay' means, in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343 of this title; "(5) 'covered pay schedule' means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or the merit pay system under chapter 54 of this title; "(6) 'position subject to this subchapter' means any position under a covered pay schedule; and "C^) 'reduction-in-force procedures' means procedures applied in carrying out any reduction in force due to a reorganization, due to lack of funds or curtailment of work, or due to any other factor.

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