5 U.S.C. § 5332
Section 5332 · The General Schedule
Amended 7 times on record
Applied in 38 court decisions — leading case Buckley v. Valeo (1976)
Most recently applied in Williams v. United States (February 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a)(1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule.
(2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303.
(b) When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by section 5504(b) of this title.
Editorial notes U.S. Code · Office of the Law Revision Counsel
In subsection (a), the words “the symbol for which is ‘GS’ ” are added on authority of former section 1111 which is carried into section 5104. So much as related to the Crafts, Protective, and Custodial Schedule is omitted as repealed effective not later than Sept. 11, 1955, by the Act of Sept. 1, 1954, §§109(b), 110(b), 68 Stat. 1108.
In subsection (b), reference to payment made on the basis of a “monthly” rate is omitted since section 5504(b), former section 944(c), no longer provides for converting a basic annual rate to a basic monthly rate.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
July 18, 1966, Pub. L. 89–504, §102(a), 80 Stat. 288. Amendments 1993—Subsec. (a)(1). Pub. L. 103–89 struck out “, except an employee covered by the performance management and recognition system established under chapter 54,” after “whom this subchapter applies”.
1992—Subsec. (a). Pub. L. 102–378 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The General Schedule, the symbol for which is ‘GS’, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies, except an employee covered by the performance management and recognition system established under chapter 54 of this title, is entitled to basic pay in accordance with the General Schedule.”
1984—Subsec. (a). Pub. L. 98–615 substituted “the performance management and recognition system established under chapter 54” for “the merit pay system established under section 5402”.
1978—Subsec. (a). Pub. L. 95–454 inserted in second sentence reference to an employee covered by the merit pay system established under section 5402 of this title.
1967—Subsec. (a). Pub. L. 90–206 increased the compensation in each step of each grade.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–378 effective May 4, 1991, see section 9(b)(4) of Pub. L. 102–378, set out as a note under section 6303 of this title.
Effective Date of 1984 Amendment
Section 205 of Pub. L. 98–615 provided that amendment by Pub. L. 98–615 was effective Oct. 1, 1984, and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications.
Effective Date of 1978 Amendment
Section 504(a) of Pub. L. 95–454 provided that amendment by Pub. L. 95–454 was effective on first day of first applicable pay period which began on or after Oct. 1, 1981, except it could take effect with respect to any category or categories of positions before such day to extent prescribed by Director of Office of Personnel Management.
Effective Date of 1967 Amendment
Section 220(a)(2) of Pub. L. 90–206 provided, except as otherwise expressly provided, that: “Sections 202 [amending this section and enacting provisions set out as a note under this section], 203 [amending section 3301 of Title 39, The Postal Service], 204 [enacting section 3512A of Title 39, amending sections 3512, and 3513–3531 of Title 39, and enacting provisions set out as a note under section 3512A of Title 39], 205 [amending sections 3542–3544 of Title 39, and enacting provisions set out as notes under sections 3542, 3544, 3552, and 3560 of Title 39], 206 [amending sections 3560, 3573, and 3575 of Title 39, and enacting provisions set out as a note under section 3542 of Title 39], 208 [amending former section 4107 of Title 38, Veterans’ Benefits], 209 [amending sections 867 and 870 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as a note under section 867 of Title 22], 210 [enacting provisions set out as a note under section 590h of Title 16, Conservation], 211 [enacting provisions set out as a note under this section and section 548 of Title 28, Judiciary and Judicial Procedure], 213 (except subsections (d) and (e)) [enacting provisions set out as notes under sections 603, 604, and 753 of Title 28], 214 (except subsections (j), (k), (l), (n), and (o)) [enacting sections 60e–14, 61–2, 74a–2, and 293c of Title 2, The Congress, amending section 166b–3 of Title 40, Public Buildings, Property and Works and enacting provisions set out as a note under section 8339 of this title], and 216 [enacting provisions set out as a note under section 60e–14 of Title 2] shall become effective as of the beginning of the first pay period which began on or after October 1, 1967.”
Short Title
Section 1 of Pub. L. 90–206 provided: “That this Act [see Tables for classification] may be cited as the ‘Postal Revenue and Federal Salary Act of 1967’.”
Section 201 of title II of Pub. L. 90–206 provided that: “This title [see Tables for classification] may be cited as the ‘Federal Salary Act of 1967’.”
Adjustment of Pay Rates Effective October 1, 1972
Pub. L. 93–549, Dec. 26, 1974, 88 Stat. 1743, provided: “That notwithstanding the provisions of any other law or any regulation issued thereunder, no officer or employee of the United States shall have his pay reduced by reason of Executive Order 11777, dated April 12, 1974, relating to the effective date of the 1972 Federal pay comparability adjustment.
“Sec. 2. The Civil Service Commission shall issue regulations necessary to implement this Act.”
1970 Increase in Pay Rates
Pub. L. 91–231, Apr. 15, 1970, 84 Stat. 195, provided that:
“Sec. 1. [Short Title]. This Act may be cited as the ‘Federal Employees Salary Act of 1970’.”
“Sec. 2. [Adjustment of Pay Rates]. (a) (1) The President shall increase the rates of basic pay, basic compensation, and salaries (as such rates were increased by Executive Order Numbered 11474, dated June 16, 1969) [formerly set out as a note under this section] contained in the schedules listed in paragraph (2) of this subsection by amounts equal, as nearly as may be practicable and with regard to maintaining approximately equal increments within any grade, level, or class of any such schedule, to 6 percent.
“(2) The schedules referred to in paragraph (1) of this subsection are as follows: the General Schedule contained in section 5332(a) of title 5, United States Code [subsec. (a) of this section]; the Postal Field Service Schedule and the Rural Carrier Schedule contained in sections 3542(a) and 3543(a), respectively, of title 39, United States Code; the schedules relating to certain positions within the Department of Medicine and Surgery of the Veterans’ Administration and contained in [former] section 4107 of title 38, United States Code; and the Foreign Service schedules contained in sections 412 and 415 of the Foreign Service Act of 1946 [sections 867 and 870, respectively, of Title 22, Foreign Relations and Intercourse].
“(b) Rates of basic pay, basic compensation, and salaries of officers and employees paid under the schedules referred to in subsection (a) of this section shall be increased initially under conversion rules prescribed by the President or by such agency as the President may designate.
“(c) The increases made by the President under this section shall have the force and effect of law and shall be printed in (1) the Statutes at Large in the same volume as public laws, (2) the Federal Register, and (3) the Code of Federal Regulations.
“Sec. 3. [Employees of ASCS County Committees, Legislative and Judicial Branches; United States Attorneys: Salaries Fixed by Administrative Action]. (a) The rates of pay of personnel subject to sections 210 and 214 of the Federal Salary Act of 1967 (81 Stat. 633, 635; Public Law 90–206) [which, respectively, were set out as a note under section 590h of Title 16, Conservation, and amended sections 60e–14, 60j, 61–1, 61–2, 74a–2, 84–1, 84–2, and 293c of Title 2, The Congress, sections 5533 and 8339 note of this title, and section 166b–3 of Title 40, Public Buildings, Property, and Works], relating to Agricultural Stabilization and Conservation County Committee employees and to certain employees of the legislative branch of the Government, respectively, and any minimum or maximum rate, limitation, or allowance applicable to any such personnel, shall be adjusted, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts which are identical, insofar as practicable, to the amounts of the adjustments under section 2 of this Act for corresponding rates of pay for employees subject to the General Schedule, by the following authorities—
“(1) the Secretary of Agriculture, with respect to individuals employed by the county committees established under section 590h(b) of title 16;
“(2) the President pro tempore of the Senate, with respect to the United States Senate;
“(3) the Finance Clerk of the House of Representatives, with respect to the United States House of Representatives; and
“(4) the Architect of the Capitol, with respect to the Office of the Architect of the Capitol.
The provisions of this section shall not be construed to allow adjustments in the rates of pay of the following officers of the United States House of Representatives: Parliamentarian, Chaplain, Clerk, Sergeant at Arms, Doorkeeper, Postmaster, and the four Floor Assistants to the Minority whose position titles formerly were Minority Clerk, Minority Sergeant at Arms, Minority Doorkeeper, and Minority Postmaster.
“(b) Notwithstanding section 665 of title 31 [sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of Title 31, Money and Finance], the rates of pay of employees in and under the judicial branch of the Government, whose rates of pay are fixed by administrative action pursuant to law and are not otherwise adjusted under this section may be adjusted, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts not to exceed the amounts of the adjustments under section 2(a) of this Act for corresponding rates of pay. The limitations fixed by law with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges shall be adjusted, effective on the first day of the first pay period which begins on or after the date on which adjustments become effective under this section, by amounts not to exceed the amounts of the adjustments under this section for corresponding rates of pay.
“(c) The rates of pay of the United States attorneys and assistant United States attorneys whose annual salaries are fixed pursuant to section 548 of title 28, United States Code, shall be increased, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts equal, as nearly as may be practicable, to the increases provided pursuant to section 2 of this Act for corresponding rates of pay.
“(d) Notwithstanding section 665 of title 31 [sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of Title 31, Money and Finance], the rates of pay of employees of the Federal Government and of the government of the District of Columbia whose rates of pay are fixed by administrative action pursuant to law and are not otherwise increased pursuant to this section are hereby authorized to be increased, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts not to exceed the increases provided pursuant to section 2 of this Act for corresponding rates of pay in the appropriate schedule or scale of pay.
“Sec. 4. [Stop Increases; Administrative Action; Level V Limitations]. (a) An increase in pay, compensation, or salary which becomes effective under section 2 of this Act is not an equivalent increase in pay within the meaning of section 5335 of title 5, United States Code, or section 3552 of title 39, United States Code.
“(b) Nothing in this Act shall impair any authority pursuant to which rates of pay, compensation, or salary may be fixed by administrative action.
“(c) Notwithstanding any provisions other than section 6 of this Act—
“(1) any officer or employee of the United States Government receiving pay, compensation, or salary which is less than the basic pay for level V of the Executive Schedule in section 5316 of title 5, United States Code, in effect on the date of enactment of this Act [Apr. 15, 1970], shall not have his pay, compensation, or salary increased, by reason of the enactment of this Act, to a rate in excess of the basic pay for such level V; and
“(2) any officer or employee of the United States Government receiving pay, compensation, or salary equal to or in excess of the basic pay for such level V shall not have his pay, compensation, or salary increased.
“Sec. 5. [Retroactive Pay]. (a) Retroactive pay, compensation, or salary shall be paid by reason of this Act only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) or the municipal government of the District of Columbia on the date of enactment of this Act [Apr. 15, 1970], except that such retroactive pay, compensation, or salary shall be paid—
“(1) to an officer or employee who retired, during the period beginning on the first day of the first pay period which began on or after December 27, 1969, and ending on the date of enactment of this Act [Apr. 15, 1970], for services rendered during such period; and
“(2) in accordance with subchapter VIII of chapter 55 of title 5, United States Code, relating to settlement of accounts, for services rendered, during the period beginning on the first day of the first pay period which began on or after December 27, 1969, and ending on the date of enactment of this Act [Apr. 15, 1970], by an officer or employee who died during such period.
Such retroactive pay, compensation, or salary shall not be considered as basic pay for the purposes of subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement, or any other retirement law or retirement system, in the case of any such retired or deceased officer or employee.
“(b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the United States Government or the municipal government of the District of Columbia.
“Sec. 6. [District of Columbia Judges; Board of Tax Appeals]. [Section amended sections 11–702(d). 11–902 (d), and 47–2402 of the District of Columbia Code and is therefore not set out herein.]
“Sec. 7. [Former Presidents’ Staffs] [Section amended section 1(b) of Pub. L. 85–745, Aug. 25, 1958, 72 Stat. 838, as amended, which is set out as a note under section 102 of Title 3, The President. This section is therefore not set out herein.]
“Sec. 8. [Premium Pay]. [Section amended section 5545(c)(2) of this title, and is therefore not set out herein.]
“Sec. 9. [Effective Date]. (a) Sections 1 to 6, inclusive, of this Act shall become effective on the first day of the first pay period which begins on or after December 27, 1969.
“(b) This section and sections 7 and 8 of this Act shall become effective on the date of enactment of this Act [Apr. 15, 1970].
“(c) For purposes of determining the amount of insurance for which an individual is eligible under chapter 87 of title 5, United States Code, relating to group life insurance for Government employees, all changes in rates of pay, compensation, and salary which result from the enactment of this Act shall be held and considered to become effective as of the date of such enactment [Apr. 15, 1970].
“(d) Any deduction to be made as the result of the enactment of this Act from the pay, compensation, or salary of an officer or employee enrolled in a retirement system of the United States Government, and the contribution of the agency employing the officer or employee, shall be made at the rates of deductions and contributions in effect for that system on the date of such enactment [Apr. 15, 1970].”
Initial Adjustment of 1967 Pay Increases
Section 202(b) of Pub. L. 90–206 provided that: “Except as provided in section 5303 of title 5, United States Code [section 5303 of this title], the rates of basic pay of officers and employees to whom the General Schedule set forth in the amendment made by subsection (a) of this section [amending this section] applies shall be initially adjusted as of the effective date of this section, as follows:
“(1) If the officer or employee is receiving basic pay immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section] at one of the rates of a grade in the General Schedule, he shall receive a rate of basic pay at the corresponding rate in effect on and after such date.
“(2) If the officer or employee is receiving basic pay immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section] at a rate between two rates of a grade in the General Schedule, he shall receive a rate of basic pay at the higher of the two corresponding rates in effect on and after such date.
“(3) If the officer or employee is receiving basic pay immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section] at a rate in excess of the maximum rate for his grade, he shall receive (A) the maximum rate for his grade in the new schedule, or (B) his existing rate of basic pay increased by 4.5 per centum, rounded to the next highest dollar, if such existing rate as so increased is higher.
“(4) If the officer or employee, immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section], is receiving, pursuant to section 2(b)(4) of the Federal Employees Salary Increase Act of 1955, an existing aggregate rate of pay determined under section 208(b) of the Act of September 1, 1954, (68 Stat. 1111), plus subsequent increases authorized by law, he shall receive an aggregate rate of pay equal to the sum of his existing aggregate rate of pay 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 pay 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 pay 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 subparagraph, the amount of the increase provided by this section shall be held and considered for the purposes of section 208(b) of the Act of September 1, 1954, to constitute a part of the existing rate of pay of the employee.
“(5) If the officer or employee, at any time during the period beginning on the effective date of this section [see Effective Date of 1967 Amendment note under this section], and ending on the date of enactment of this title [Dec. 16, 1967], was promoted from one grade under the General Schedule contained in section 5332(a) of title 5, United States Code [subsec. (a) of this section] to another such grade at a rate which is above the minimum rate thereof, his rate of basic pay 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 the amendment made by subsection (a) of this section [amending the section] which corresponds numerically to the step of the grade of the General Schedule to which such officer or employee was promoted as in effect (without regard to this title) at the time of such 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 title [Dec. 16, 1967] became subject to the General Schedule and his rate of basic pay was set above the minimum rate of the grade on the basis of a previously earned rate above such minimum rate, his rate of basic pay shall be adjusted retroactively to the date on which he became subject to the General Schedule on the basis of the rate of the appropriate grade of the General Schedule contained in this section which corresponds numerically to the rate of the grade at which the pay of such officer or employee was set at the time he became subject to the General Schedule.”
Section 202(b) of Pub. L. 90–206 effective as of the beginning of the first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) of Pub. L. 90–206, set out as a note under this section.
1967 Salary Increase for Persons Whose Compensation Rates are Fixed by Administrative Action
Section 211(b)–(d) of Pub. L. 90–206 provided that:
“(b) Notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 665) [sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of Title 31, Money and Finance], the rates of pay of officers and employees of the Federal Government and of the municipal government of the District of Columbia whose rates of pay are fixed by administrative action pursuant to law and are not otherwise increased by this title are hereby authorized to be increased, effective on the effective date of section 202 of this title [see Effective Date of 1967 Amendment note under this section], by amounts not to exceed the increases provided by this title for corresponding rates of pay in the appropriate schedule or scale of pay.
“(c) Nothing contained in this section shall be held or considered to authorize any increase in the rates of pay of officers and employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices.
“(d) Nothing contained in this section shall affect the authority contained in any law pursuant to which rates of pay may be fixed by administrative action.”
Sections 211(b)–(d) of Pub. L. 90–206 effective as of the beginning of the first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) of Pub. L. 90–206, set out as a note under this section.
Retroactive Compensation Under 1967 Pay Increases
Section 218 of Pub. L. 90–206 provided that:
“(a) Retroactive pay, compensation, or salary shall be paid by reason of this title only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) or the municipal government of the District of Columbia on the date of enactment of this title [Dec. 16, 1967] except that such retroactive pay, compensation, or salary shall be paid—
“(1) to an officer or employee who retired, during the period beginning on the first day of the first pay period which began on or after October 1, 1967, and ending on the date of enactment of this title [Dec. 16, 1967], for services rendered during such period, and
“(2) in accordance with subchapter VIII of chapter 55 of title 5, United States Code, relating to settlement of accounts, for services rendered, during the period beginning on the first day of the first pay period which began on or after October 1, 1967, and ending on the date of enactment of this title [Dec. 16, 1967], by an officer or employee who died during such period.
Such retroactive pay, compensation, or salary shall not be considered as basic pay for the purposes of subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement, or any other retirement law or retirement system, in the case of any such retired or deceased officer or employee.
“(b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the Federal Government or the municipal government of the District of Columbia.”
Section 218 of Pub. L. 90–206 effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of this title.
Executive Order No. 11413
Ex. Ord. No. 11413, June 11, 1968, 33 F.R. 8641, which provided for adjustment of pay rates effective July 1, 1968, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11474
Ex. Ord. No. 11474, June 16, 1969, 34 F.R. 9605, which provided for adjustment of pay rates effective July 1, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11524
Ex. Ord. No. 11524, Apr. 15, 1970, 35 F.R. 6247, which provided for adjustment of pay rates effective first pay period on or after Dec. 27, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11576
Ex. Ord. No. 11576, Jan. 8, 1971, 36 F.R. 347, which provided for adjustment of pay rates effective Jan. 1, 1971, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11637
Ex. Ord. No. 11637, Dec. 22, 1971, 36 F.R. 24911, which provided for adjustment of pay rates effective Jan. 1, 1972, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11691
Ex. Ord. No. 11691, Dec. 15, 1972, 37 F.R. 27607, as amended by Ex. Ord. No. 11777, Apr. 12, 1974, 39 F.R. 13519, which provided for adjustment of pay rates effective Oct. 1, 1972, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11739
Ex. Ord. No. 11739, Oct. 3, 1973, 38 F.R. 27581, which provided for adjustment of pay rates effective Oct. 1, 1973, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11811
Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, which provided for adjustment of pay rates effective Oct. 1, 1974, was superseded by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out below.
Executive Order No. 11883
Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided for adjustment of pay rates effective Oct. 1, 1975, was superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out below.
Executive Order No. 11941
Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out below.
Executive Order No. 12010
Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, which provided for adjustment of pay rates effective Oct. 1, 1977, was superseded by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out below.
Executive Order No. 12087
Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided for adjustment of pay rates effective Oct. 1, 1978, was superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly set out below.
Executive Order No. 12165
Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 44 F.R. 16443, which provided for adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out below.
Executive Order No. 12248
Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out below.
Executive Order No. 12330
Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out below.
Executive Order No. 12387
Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for adjustment of pay rates effective Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041, formerly set out below.
Executive Order No. 12456
Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for adjustment of pay rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out below.
Executive Order No. 12496
Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out below.
Executive Order No. 12578
Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out below.
Executive Order No. 12622
Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for adjustment of pay rates effective Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out below.
Executive Order No. 12663
Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out below.
Executive Order No. 12698
Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustment of pay rates effective Jan. 1 and 31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out below.
Executive Order No. 12736
Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which provided for adjustment of pay rates effective Jan. 1, 1991, was superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out below.
Executive Order No. 12786
Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which provided for adjustment of pay rates effective Jan. 1, 1992, was superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set out below.
Executive Order No. 12826
Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, as amended by Ex. Ord. No. 12886, §3, Dec. 23, 1993, 58 F.R. 68709, which provided for adjustment of pay rates effective Jan. 1, 1993, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, set out below.
Executive Order No. 12886
Ex. Ord. No. 12886, Dec. 23, 1993, 58 F.R. 68709, which provided for adjustment of pay rates for the uniformed services effective Jan. 1, 1994, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, set out below.
Ex. Ord. No. 12944. Adjustments of Certain Rates of Pay and Allowances
Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 704 of Public Law 101–194 [enacting provisions set out as notes under section 5318 of this title]; section 302 of the Federal Employees Pay Comparability Act of 1990, as incorporated in section 529 of Public Law 101–509 [enacting provisions set out as a note under section 5304 of this title]; section 301(a) of Public Law 102–40 [enacting provisions set out as a note under section 7451 of Title 38, Veterans’ Benefits]; section 630(a) of Public Law 103–329 [enacting provisions set out as a note under section 5303 of this title]; section 601 of Public Law 103–337 [amending section 203 of Title 37, Pay and Allowances of the Uniformed Services, and enacting provisions set out as notes under sections 203 and 1009 of Title 37]; section 31 of title 2, United States Code; section 104 of title 3, United States Code; sections 5303, 5318, and 5382 of title 5, United States Code; section 3963 of title 22, United States Code; and section 461(a) of title 28, United States Code, it is hereby ordered as follows:
Section 1. Statutory pay systems. The rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)) are set forth on the schedules attached hereto and made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law 102–40) at Schedule 3.
Sec. 2. Senior Executive Service. Pursuant to section 5382 of title 5, United States Code, the rates of basic pay for senior executives in the Senior Executive Service are set forth on Schedule 4 attached hereto and made a part hereof.
Sec. 3. Executive salaries. The rates of pay or salaries for the following offices and positions are set forth on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312–5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31) at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a)) at Schedule 7.
Sec. 4. Uniformed services. Pursuant to section 601 of Public Law 103–337, the rates of monthly basic pay (37 U.S.C. 203(a)), the rates of basic allowances for subsistence (37 U.S.C. 402), the rates of basic allowances for quarters (37 U.S.C. 403(a)) for members of the uniformed services, and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)(1), as amended by section 601(c) of Public Law 103–337) are set forth on Schedule 8 attached hereto and made a part hereof.
Sec. 5. Interim geographic adjustments. (a) Pursuant to section 302 of the Federal Employees Pay Comparability Act of 1990, as incorporated in section 529 of Public Law 101–509, employees under statutory pay systems covered under section 1 of this order and members of the United States Park Police who are assigned to a duty station located in one of the geographical areas listed in Schedule 9 shall be entitled, except as may be provided under subsection (b) of this section, to receive an interim geographic adjustment at the rate shown on Schedule 9, which is attached hereto and made a part hereof.
(b)(1) The Office of Personnel Management shall prescribe regulations governing the application of interim geographic adjustments to General Schedule employees, including the determination of what, if any, geographic adjustments shall be payable in the case of employees receiving special pay rates.
(2) The Secretary of State shall prescribe regulations governing the application of interim geographic adjustments to employees under the Foreign Service Schedule, consistent with the regulations and determinations prescribed under paragraph (1) of this subsection.
(3) The Secretary of Veterans Affairs shall prescribe regulations governing the application of interim geographic adjustments to employees under the schedules for the Veterans Health Administration of the Department of Veterans Affairs, consistent with the regulations and determinations prescribed under paragraph (1) of this subsection.
(4) The Secretary of the Interior shall prescribe regulations governing the application of interim geographic adjustments to members of the United States Park Police, consistent with the regulations and determinations prescribed under paragraph (1) of this subsection.
(c) The Office of Personnel Management is hereby designated and empowered to exercise the authority of the President under section 302(c)(1)(D) of the Federal Employees Pay Comparability Act of 1990, as incorporated in section 529 of Public Law 101–509, to extend the application of interim geographic adjustments shown on Schedule 9, upon the request of an agency head, to employees who would not otherwise be covered.
Sec. 6. Effective dates. The rates of monthly basic pay and allowances for subsistence and quarters for members of the uniformed services provided for at Schedule 8 are effective on January 1, 1995. The other schedules provided for herein are effective on the first day of the first applicable pay period beginning on or after January 1, 1995.
Sec. 7. Executive Order No. 12826 of December 30, 1992, and Executive Order No. 12886 of December 23, 1993, are superseded.
William J. Clinton.
1 This schedule does not apply to the Assistant Under Secretary for Nursing Programs or the Director of Nursing Service. Pay for these positions is set by the Under Secretary for Health under 38 U.S.C. 7451. 2 Pursuant to section 7404(d)(2) of title 38, United States Code, the rate of basic pay payable to this employee is limited to the rate for level V of the Executive Schedule, which is $108,200. 3 Pursuant to section 301(a) of Public Law 102–40, these positions are paid according to the Nurse Schedule in 38 U.S.C. 4107(b) [former section 4107(b) of Title 38, Veterans’ Benefits] as in effect on August 14, 1990, with subsequent adjustments. Schedule 4 Senior Executive Service(Effective on the first day of the first applicable pay period beginning on or after January 1, 1995) ES–1$92,900 ES–297,400 ES–3101,800 ES–4107,300 ES–5111,800 ES–6115,700
Schedule 5
Schedule 6
Schedule 7
1 While serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, basic pay for this grade is calculated to be $10,608.90, regardless of cumulative years of service computed under section 205 of title 37, United States Code. Nevertheless, actual basic pay for these officers is limited to the rate of basic pay for level V of the Executive Schedule, which is $9,016.80 per month. 2 Does not apply to commissioned officers who have been credited with over 4 years of active duty service as an enlisted member or warrant officer. * Basic pay for these officers is limited to the rate of basic pay for level V of the Executive Schedule, which is $9,016.80 per month. Commissioned officers with over 4 years of active duty service as an enlisted member or warrant officer Pay GradeOver 4Over 6Over 8Over 10 O–3E $2,858.10 $2,994.90 $3,102.30 $3,270.30 O–2E 2,556.00 2,608.80 2,691.60 2,832.00 O–1E 2,058.00 2,199.00 2,280.00 2,362.50 Over 12 Over 14 Over 16 Over 18 O–3E $3,432.00 $3,568.50 $3,568.50 $3,568.50 O–2E 2,940.60 3,021.00 3,021.00 3,021.00 O–1E 2,444.40 2,556.00 2,556.00 2,556.00 Over 20 Over 22 Over 24 Over 26 O–3E $3,568.50 $3,568.50 $3,568.50 $3,568.50 O–2E 3,021.00 3,021.00 3,021.00 3,021.00 O–1E 2,556.00 2,556.00 2,556.00 2,556.00 Warrant Officers Pay Grade2 or lessOver 2Over 3Over 4Over 6 W–5 W–4 $2,202.00 $2,362.50 $2,362.50 $2,416.50 $2,526.30 W–3 2,001.30 2,170.80 2,170.80 2,199.00 2,224.50 W–2 1,752.90 1,896.30 1,896.30 1,951.50 2,058.00 W–1 1,460.10 1,674.30 1,674.30 1,814.10 1,896.30 Over 8 Over 10 Over 12 Over 14 Over 16 W–5 W–4 $2,637.60 $2,748.30 $2,940.60 $3,077.10 $3,185.10 W–3 2,387.40 2,526.30 2,608.80 2,691.60 2,772.00 W–2 2,170.80 2,253.30 2,335.80 2,416.50 2,501.40 W–1 1,977.60 2,058.00 2,143.20 2,224.50 2,307.30 Over 18 Over 20 Over 22 Over 24 Over 26 W–5 $3,757.80 $3,900.30 $4,013.10 $4,182.00 W–4 $3,270.30 3,375.90 3,489.00 3,597.60 3,760.80 W–3 2,858.10 2,969.70 3,077.10 3,077.10 3,185.10 W–2 2,583.30 2,664.60 2,772.00 2,772.00 2,772.00 W–1 2,387.40 2,472.90 2,472.90 2,472.90 2,472.90 Enlisted Members Pay Grade2 or lessOver 2Over 3Over 4Over 6 E–9 1 E–8 E–7 $1,499.70 $1,619.10 $1,678.80 $1,737.90 $1,797.00 E–6 1,290.30 1,406.40 1,464.90 1,527.30 1,584.60 E–5 1,132.20 1,232.40 1,292.40 1,348.50 1,437.30 E–4 1,056.00 1,115.40 1,181.10 1,272.00 1,322.40 E–3 995.10 1,049.70 1,091.40 1,134.60 1,134.60 E–2 957.60 957.60 957.60 957.60 957.60 E–1 2 854.40 854.40 854.40 854.40 854.40 E–1 3 790.20 Over 8 Over 10 Over 12 Over 14 Over 16 E–9 1 $2,561.70 $2,619.00 $2,678.40 $2,739.90 E–8 $2,148.00 2,209.80 2,268.00 2,326.80 2,388.30 E–7 1,854.30 1,913.70 1,973.40 2,062.50 2,121.00 E–6 1,641.60 1,701.90 1,789.50 1,845,60 1,905.30 E–5 1,495.80 1,554.90 1,612.20 1,641.60 1,641.60 E–4 1,322.40 1,322.40 1,322.40 1,322.40 1,322.40 E–3 1,134.60 1,134.60 1,134.60 1,134.60 1,134.60 E–2 957.60 957.60 957.60 957.60 957.60 E–1 2 854.40 854.40 854.40 854.40 854.40 E–1 3 Over 18 Over 20 Over 22 Over 24 Over 26 E–9 1 $2,801.40 $2,855.70 $3,005.40 $3,122.40 $3,297.90 E–8 2,442.90 2,502.90 2,649.90 2,768.10 2,945.10 E–7 2,179.80 2,208.30 2,356.50 2,473.80 2,649.90 E–6 1,934.10 1,934.10 1,934.10 1,934.10 1,934.10 E–5 1,641.60 1,641.60 1,641.60 1,641.60 1,641.60 E–4 1,322.40 1,322.40 1,322.40 1,322.40 1,322.40 E–3 1,134.60 1,134.60 1,134.60 1,134.60 1,134.60 E–2 957.60 957.60 957.60 957.60 957.60 E–1 2 854.40 854.40 854.40 854.40 854.40 E–1 3 1 While serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps, basic pay for this grade is $4,008.60, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 2 Applies to personnel who have served 4 months or more on active duty. 3 Applies to personnel who have served less than 4 months on active duty. part ii—basic allowance for quarters rates Pay GradeWithout dependentsWith dependents Full rate 1Partial rate 2 Commissioned officers O–10 $749.40 $50.70 $922.50 O–9 749.40 50.70 922.50 O–8 749.40 50.70 922.50 O–7 749.40 50.70 922.50 O–6 687.60 39.60 830.70 O–5 662.10 33.00 800.70 O–4 613.80 26.70 705.90 O–3 492.00 22.20 584.10 O–2 390.00 17.70 498.90 O–1 328.50 13.20 445.80 Commissioned officers with over 4 years of active duty service as an enlisted member or warrant officer O–3E $531.00 $22.20 $627.60 O–2E 451.50 17.70 566.40 O–1E 388.20 13.20 523.20 Warrant officers W–5 $623.40 $25.20 $681.30 W–4 553.80 25.20 624.60 W–3 465.30 20.70 572.40 W–2 413.10 15.90 526.50 W–1 345.90 13.80 455.40 Enlisted members E–9 $454.80 $18.60 $599.40 E–8 417.60 15.30 552.60 E–7 356.40 12.00 513.00 E–6 322.80 9.90 474.30 E–5 297.60 8.70 426.30 E–4 258.90 8.10 370.80 E–3 254.10 7.80 345.00 E–2 206.40 7.20 328.50 E–1 183.90 6.90 328.50 1 Payment of the full rate of basic allowance for quarters at these rates to members of the uniformed services without dependents is authorized by section 403 of title 37, United States Code, and Part IV of Executive Order 11157, as amended. 2 Payment of the partial rate of basic allowance for quarters at these rates to members of the uniformed services without dependents who, under section 403(b) or (c) of title 37, United States Code, are not entitled to the full rate of basic allowance for quarters, is authorized by section 1009(c)(2) of title 37, United States Code, and Part IV of Executive Order 11157, as amended. part iii—basic allowance for subsistence rates Officers (per month) $146.16 E–1 (less than All 4 months of Other active duty) Enlisted Enlisted members (per day): When on leave or authorized to mess separately $6.44 $6.98 When rations in-kind are not available 7.26 7.87 When assigned to duty under emergency conditions where no messing facilities of the United States are available 9.63 10.42 part iv—rate of monthly cadet or midshipman payThe rate of monthly cadet or midshipman pay authorized by section 203(c)(1) of title 37, United States Code, as amended by section 601(c) of Public Law 103–337, is $558.04.