C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 531—PAY UNDER THE GENERAL SCHEDULE › Subpart B—Determining Rate of Basic Pay

5 C.F.R. § 531.202

Coverage

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This subpart covers employees who occupy positions classified and paid under the GS classification and pay system, as provided in 5 U.S.C. 5102 and 5331 or other applicable laws. Law enforcement officers (LEOs) receiving LEO special base rates are covered by the GS classification and pay system, but receive higher base rates of pay in lieu of GS rates at grades GS-3 through GS-10. This subpart also covers GS employees who receive special rates under 5 U.S.C. 5305 and 5 CFR part 530, subpart C.

Notes of Decisions
Cited in 8 cases, 1968–2007 · leading case: United States v. Clark, 454 U.S. 555 (1982).
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United States v. Clark, 454 U.S. 555 (1982). · cites it 2× “The Government opposed the claims on the ground that § 5334(b) applies only to promotions within the GS and not to shifts or promotions between the WS and the GS, which are governed by § 5334(a).”
Craig Pann v. Dep't of the Navy, 265 F.3d 1346 (Fed. Cir. 2001). · cites it 3× “” 5 C.F.R. § 531.202 . “Additional pay” includes items such as availability pay, overtime pay, or premium pay, which are not regarded as part of an employee’s “basic pay” as that term is used in the Board’s jurisdictional statute.”
Ah Sam v. United States, 230 Ct. Cl. 596 (Ct. Cl. 1982). · cites it 2× “” 5 C.F.R. §531.202 (i). By definition "rate of basic pay” excludes COLA, as COLA is defined as an allowance under 5 C.”
Clark v. United States, 220 Ct. Cl. 278 (Ct. Cl. 1979). · cites it 3× “§ 5334 (b)); (2) a regulation that puts plaintiffs’ situation within the definition of "promotion” ( 5 C.F.R. § 531.202 (h)(2)); *282 (3) another regulation that says that statutory entitlement of a "promotion” does not apply to plaintiffs’ situation (5 C.”
William Clyde Burton v. The United States, 404 F.2d 365 (Ct. Cl. 1968). · cites it 2× “5 C.F.R. 531.202 (k). Such a reassignment does not impair the employee’s status or tenure, whatever that may be.”
Garbacz v. United States, 228 Ct. Cl. 309 (Ct. Cl. 1981). “See 5 C.F.R. §§ 531.202 (f), 531.302(b), and 531.”
Leonard L. Nelson v. Fed. Deposit Ins. Corp., 83 F.3d 1375 (Fed. Cir. 1996). “The Board held that an employee’s rate of basic pay is exclusive of additional pay of any kind, citing 5 C.F.R. § 531.202 (k) and McLaughlin v. United States Postal Service, 55 M.”
Calvin v. Merit Sys. Prot. Bd., 254 F. App'x 820 (Fed. Cir. 2007). “See 5 C.F.R. § 531.202 (“Rate of Basic Pay means the rate of pay fixed by law or administrative action for the position held by an employee before any deductions and exclusive of additional pay of any kind.”
— 5 C.F.R. § 531.202(k) — 1 case
William Clyde Burton v. The United States, 404 F.2d 365 (Ct. Cl. 1968). “5 C.F.R. 531.202 (k). Such a reassignment does not impair the employee’s status or tenure, whatever that may be.”
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