2019 US Code
Title 5 - Government Organization and Employees
Part III - Employees
Subpart D - Pay and Allowances
Chapter 53 - Pay Rates and Systems
Subchapter VI - Grade and Pay Retention
Sec. 5365 - Regulations

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Citation 5 U.S.C. § 5365 (2019)
Section Name §5365. Regulations
Section Text

(a) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.

(b) Under such regulations, the Office may provide for the application of all or portions of the provisions of this subchapter (subject to any conditions or limitations the Office may establish)—

(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.


Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105(c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).

Source Credit

(Added Pub. L. 95–454, title VIII, §801(a)(1), Oct. 13, 1978, 92 Stat. 1220; amended Pub. L. 101–508, title VII, §7202(f), Nov. 5, 1990, 104 Stat. 1388–336; Pub. L. 108–411, title III, §301(a)(6), Oct. 30, 2004, 118 Stat. 2317.)

Editorial Notes PRIOR PROVISIONS

A prior section 5365, added Pub. L. 91–34, §1(a), June 30, 1969, 83 Stat. 41; amended Pub. L. 94–183, §2(20), Dec. 31, 1975, 89 Stat. 1058, which related to the police force of National Zoological Park, was renumbered section 5375 of this title by Pub. L. 95–454, title VIII, §801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.

AMENDMENTS

2004—Subsec. (b). Pub. L. 108–411 inserted "(subject to any conditions or limitations the Office may establish)" after "provisions of this subchapter" in introductory provisions.

1990—Subsec. (b). Pub. L. 101–508 inserted at end "Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105(c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c)."

EFFECTIVE DATE OF 2004 AMENDMENT

Amendment by Pub. L. 108–411 effective on the first day of the first applicable pay period beginning on or after the 180th day after Oct. 30, 2004, with provisions relating to conversion rules, see section 301(d) of Pub. L. 108–411, set out as a note under section 5363 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101–508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title.

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Publication Title United States Code, 2018 Edition, Supplement 1, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 53 - PAY RATES AND SYSTEMS
SUBCHAPTER VI - GRADE AND PAY RETENTION
Sec. 5365 - Regulations
Contains section 5365
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law Yes
Disposition standard
Statutes at Large References 83 Stat. 41
89 Stat. 1058
92 Stat. 1220, 1221
104 Stat. 1388-336
118 Stat. 2317
Public Law References Public Law 91-34, Public Law 94-183, Public Law 95-454, Public Law 101-508, Public Law 108-411
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