5 U.S.C. § 5361: Definitions

“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; “agency” has the meaning given it by section 5102 of this title ; “retained grade” means the grade used for determining benefits to which an employee to whom section 5362 of this title applies is entitled; any applicable locality-based comparability payment under section 5304 or similar provision of law; any applicable special pay under section 5305 or similar provision of law; and subject to such regulations as the Office of Personnel Management may prescribe, any applicable existing retained rate of pay established under section 5363 or similar provision of law; and in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343; “covered pay schedule” means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or a special occupational pay system under subchapter IX; “position subject to this subchapter” means any position under a covered pay schedule; “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; and “retained rate” means the rate of basic pay to which an employee is entitled under section 5363(b)(2). The amendments made by this subsection [enacting sections 5361 to 5366 of this title and redesignating former sections 5361 to 5366 as sections 5371 to 5375 of this title, amending sections 559, 1305, 3104, 5102, 5107, 5334, 5349, and 8704 of this title, sections 4540, 7212, and 9540 of Title 10, Armed Forces, section 1715 of Title 15 , Commerce and Trade, and section 3608 of Title 42 , The Public Health and Welfare, and repealing sections 5337 and 5345 of this title] shall take effect on the first day of the first applicable pay period beginning on or after the 90th day after the date of the enactment of this Act [ Oct. 13, 1978 ]. An employee who was receiving pay under the provisions of section 5334(d), 5337, or 5345 of title 5, United States Code, on the day before the effective date prescribed in subparagraph (A) of this paragraph shall not have such pay reduced or terminated by reason of the amendments made by this subsection and, unless section 5362 of such title 5 (as amended by subsection (a)(1) of this section) applies, such an employee is entitled to continue to receive pay as authorized by those provisions (as in effect on such date).”