5 U.S.C. § 5318: Adjustments in rates of pay

Subject to subsection (b), 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 of this title in the rates of pay under the General Schedule, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate of pay which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect. In no event shall the percentage adjustment taking effect under subsection (a) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 in the rates of pay under the General Schedule. Effective the first day of the first applicable pay period that begins on or after January 1, 1991 , the rate of basic pay for positions in the Executive Schedule shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100). Effective the first day of the first applicable pay period that begins on or after January 1, 1991 , the rate of basic pay for the offices and positions under subparagraphs (A) and (B) of section 225(f) of the Federal Salary Act of 1967 ( 2 U.S.C. 356(A) and (B)) shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100), except as provided in subparagraph (B). Nothing in subparagraph (A) shall affect the rate of basic pay for a Senator, the President pro tempore of the Senate, or the majority leader or the minority leader of the Senate. Effective the first day of the first applicable pay period that begins on or after January 1, 1991 , the rate of basic pay for the Chief Justice of the United States, an associate justice of the Supreme Court of the United States, a judge of a United States circuit court, a judge of a district court of the United States, and a judge of the United States Court of International Trade shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100). If a pay adjustment under subsection (a) is to be made for an office or position as of the same date as any other pay adjustment affecting such office or position, the adjustment under subsection (a) shall be made first.” the term ‘Employment Cost Index’ or ‘ECI’ means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; and the term ‘base quarter’ means the 3-month period ending on December 31 of a year. the ECI for the last base quarter prior to that date, by the ECI for the second to last base quarter prior to that date, dividing the difference under clause (i) by the ECI for the base quarter referred to in clause (i)(II), and less than zero; or greater than 5 percent. Section 104 of title 3 , United States Code, section 5318 of title 5 , United States Code, and section 461(a) of title 28 , United States Code, are amended by striking ‘corresponds to’ and all that follows thereafter through the period, and inserting the following: Section 601(a)(2) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31(2) ) [now 2 U.S.C. 4501(2) ] is amended by striking ‘corresponds to’ and all that follows thereafter through the period and inserting the following: