TITLE 5 - ADMINISTRATIVE PERSONNEL

CHAPTER XCIX - DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS (DEPARTMENT OF DEFENSE - OFFICE OF PERSONNEL MANAGEMENT)

SUBCHAPTER B - GOVERNMENT ETHICS

PART 9901 - DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS

subpart c - PAY AND PAY ADMINISTRATION

9901.313 - National security compensation comparability.

  (a) To the maximum extent practicable, for fiscal years 2004 through 2008, the overall amount allocated for compensation of the DoD civilian employees who are included in the NSPS may not be less than the amount that would have been allocated for compensation of such employees for such fiscal years if they had not been converted to the NSPS, based on at a minimum (1) The number and mix of employees in such organizational or functional units prior to conversion of such employees to the NSPS; and (2) Adjustments for normal step increases and rates of promotion that would have been expected, had such employees remained in their previous pay schedule.

  (b) To the maximum extent practicable, implementing issuances will provide a formula for calculating the overall amount to be allocated for fiscal years beyond fiscal year 2008 for compensation of the civilian employees included in the NSPS. The formula will ensure that in the aggregate employees are not disadvantaged in terms of the overall amount of compensation available as a result of conversion to the NSPS, while providing flexibility to accommodate changes in the function of the organization and other changed circumstances that might impact compensation levels.

  (c) For the purpose of this section, compensation for civilian employees means basic pay, taking into account any applicable locality payment under 5 U.S.C. 5304, special rate supplement under 5 U.S.C. 5305, local market supplement under 9901.332, or similar payment under other legal authority.