Page:United States Statutes at Large Volume 92 Part 1.djvu/1274

 92 STAT. 1220 i;-Hc,»dJ f; "

PUBLIC LAW 95-454—OCT. 13, 1978

"^3^ ^}jQ ig [j^ Q^ position subject to this subchapter and who (but for this section) would be subject to a reduction in pay under circumstances prescribed by the Office of Personnel Management by regulation to warrant the application of this section; is entitled to basic pay at a rate equal to (A) the employee's allowable former rate of basic pay, plus (B) 50 percent of the amount of each increase in the maximum rate of basic pay payable for the grade of the employee's position immediately after such reduction in pay if such allowable former rate exceeds such maximum rate for such grade. "(b) For the purpose of subsection (a) of this section, 'allowable former rate of basic pay' means the lower of— "(1) the rate of basic pay payable to the employee immediately before the reduction in pay; or "(2) 160 percent of the maximum rate of basic pay payable for the grade of the employee's position immediately after such reduction in pay. "(c) The preceding provisions of this section shall cease to apply to an employee who—• " (1) has a break in service of one workday or more; "(2) is entitled by operation of this subchapter or chapter 51, 5 USC 5101, 53, or 54 of this title to a rate of basic pay which is equal to or 5301. higher than, or declines a reasonable offer of a position the rate Ante, p. 1180. ^f basic pay for which is equal to or higher than, the rate to which the employee is entitled under this section; or "(3) is demoted for personal cause or at the employee's request. 5 USC 5364. "§ 5364. Remedial actions "Under regulations prescribed by the Office of Personnel Management, the Office may require any agency— ,jj ^ "(1) to report to the Office information with respect to vacan•.V • ' / " cies (including impending vacancies); u I ''I "(2) to take such steps as may be appropriate to assure ^^'!, employees receiving benefits under section 5362 or 5363 of this title have the opportunity to obtain necessary qualifications for the selection to positions which would minimize the need for the application of such sections; "(3) to establish a program under which employees receiving i..;, j^,^ benefits under section 5362 or 5363 of this title are given priority in the consideration for or placement in positions which are equal to their retained grade or pay; and "(4) to place certain employees, notwithstanding the fact their previous position was in a different agency, but only in circumstances in which the Office determines the exercise of such authority is necessary to carry out the purpose of this section. 5 USC 5365. «§ 5365. Regulations "(a) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter. " (b) Under su(^h regulations, the Office may provide for the application of all or portions of the provisions of this subchapter— >dt:<; Jfeu. "(1) to any individual reduced to a grade of a covered pay schedule from a position not subject to this subchapter; " (2) to individuals to whom such provisions do not otherwise apply; and "(3) to situations the application to which is justified for purposes of carrying out the mission of the agency or agencies involved. . .,.

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