**(a)** This section applies to—
(1) positions that are classified above GS–15 pursuant to section 5108; and
(2) scientific or professional positions established under section 3104;
but does not apply to—
(A) any Senior Executive Service position under section 3132; or
(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151.
**(b)**
(1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—
(A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and
(B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.
The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373.
(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.
(3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”.
(4) No employee may suffer a reduction in pay by reaso
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Stable record: federal_law:legal_authorities:record_usc_72f86a08cb20aabcff251803 Source file: Laws/federal/codes/united-states-code/title-5/section-5376-pay-for-certain-senior-level-positions--e7e94737f6.md Pages: Not recorded – Not recorded Passage SHA-256: 90bf3143028a576fbc86742daa619b37a0503a2d38884ee228a3ac7dfa650e1c Retained source evidence SHA-256: 439f6e7d5c6e8d3e52f63fe60e42bf6b81b5173d74e715e8943035a6334a94b3
Source location: Title 5, Chapter 53, § 5376; chapter-053-pay-rates-and-systems.md
Stored source content
**(a)** This section applies to—
(1) positions that are classified above GS–15 pursuant to section 5108; and
(2) scientific or professional positions established under section 3104;
but does not apply to—
(A) any Senior Executive Service position under section 3132; or
(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151.
**(b)**
(1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—
(A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and
(B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.
The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373.
(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.
(3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”.
(4) No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under paragraph (3) to an agency with an applicable maximum rate of pay prescribed under paragraph (1)(B).
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Federal law — U.S. Code and appendices · legal_authorities
§ 5376. Pay for certain senior-level positions
(a) This section applies to—
(1) positions that are classified above GS–15
pursuant to section 5108; and
(2) scientific or professional positions estab-
lished under section 3104;
but does not apply to—
(A) any Senior Executive Service position
under section 3132; or
(B) any position in the Federal Bureau of In-
vestigation and Drug Enforcement Adminis-
tration Senior Executive Service under sec-
tion 3151.
(b)(1) Subject to such regulations as the Office
of Personnel Management prescribes, the head
of the agency concerned shall fix the rate of
basic pay for any position within such agency to
which this section applies. A rate fixed under
this section shall be—
(A) not less than 120 percent of the minimum
rate of basic pay payable for GS–15 of the Gen-
eral Schedule; and
(B) subject to paragraph (3), not greater than
the rate of basic pay payable for level III of
the Executive Schedule.
The payment of a rate of basic pay under this
section shall not be subject to the pay limita-
tion of section 5306(e) or 5373.
(2) Subject to paragraph (1), effective at the
beginning of the first applicable pay period com-
mencing on or after the first day of the month
in which an adjustment takes effect under sec-
tion 5303 in the rates of pay under the General
Schedule, each rate of pay established under
this section for positions within an agency shall
be adjusted by such amount as the head of such
agency considers appropriate.
(3) In the case of an agency which has a per-
formance appraisal system which, as designed
and applied, is certified under section 5307(d) as
making meaningful distinctions based on rel-
ative performance, paragraph (1)(B) shall apply
as if the reference to ‘‘level III’’ were a reference