2021 US Code
Title 5 - Government Organization and Employees
Part III - Employees
Subpart D - Pay and Allowances
Chapter 51 - Classification
Sec. 5106 - Basis for classifying positions

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Citation 5 U.S.C. § 5106 (2021)
Section Name §5106. Basis for classifying positions
Section Text

(a) Each position shall be placed in its appropriate class. The basis for determining the appropriate class is the duties and responsibilities of the position and the qualifications required by the duties and responsibilities.

(b) Each class shall be placed in its appropriate grade. The basis for determining the appropriate grade is the level of difficulty, responsibility, and qualification requirements of the work of the class.

(c) Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the number of subordinates supervised. These factors may be given effect only to the extent warranted by the work load of the organization unit and then only in combination with other factors, such as the kind, difficulty, and complexity of work supervised, the degree and scope of responsibility delegated to the supervisor, and the kind, degree, and character of the supervision exercised.

Source Credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 453.)

Editorial Notes
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes and Statutes at Large
(a), (b) 5 U.S.C. 1092. Oct. 28, 1949, ch. 782, §302, 63 Stat. 957.
(c) 5 U.S.C. 1093. Oct. 28, 1949, ch. 782, §303, 63 Stat. 957.

In subsection (c), the prohibition is restated in positive form. The words "to pay" are substituted for the words "to pay the compensation of". The words "the group, section, bureau" are omitted as included in the words "the organization unit". The word "actually" in the phrase "of the supervision exercised" is omitted as unnecessary.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Publication Title United States Code, 2018 Edition, Supplement 3, 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 51 - CLASSIFICATION
Sec. 5106 - Basis for classifying positions
Contains section 5106
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 63 Stat. 957
80 Stat. 453
Public Law References Public Law 89-554
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