5 C.F.R. § 531.401

Principal authorities

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The following are the principal authorities for the regulations in this subpart:

(a) Section 2301(b)(3) of title 5, United States Code, provides in part that “appropriate incentives and recognition should be provided for excellence in performance.”

(b) Section 5301(a)(2) of title 5, United States Code, provides that “pay distinctions be maintained in keeping with work and performance distinctions.”

(c) Section 5338 of title 5, United States Code, provides that “The Office of Personnel Management may prescribe regulations necessary for the administration” of General Schedule pay rates, including within-grade increases.

(d) Section 4 of the Performance Management and Recognition System Termination Act of 1993 (Pub. L. 103-89) provides that “the Office of Personnel Management shall prescribe regulations necessary for the administration of this section.”

[51 FR 8419, Mar. 11, 1986, as amended at 59 FR 40793, Aug. 10, 1994; 60 FR 33098, June 27, 1995]

Notes of Decisions

Cited in 2 cases, 1985–2015 · leading case: Nat'l Treasury Employees Union v. Cornelius, 617 F. Supp. 365 (D.D.C. 1985).

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Nat'l Treasury Employees Union v. Cornelius, 617 F. Supp. 365 (D.D.C. 1985). “Accordingly, OPM amended 5 C.F.R. § 531.401 (d) by deleting the last sentence.”

Bruce E. Fleming v. Dep't of the Navy (MSPB 2015). “Pursuant to the Office of Personnel Management’s authority to promulgate regulations necessary for the administration of GS pay rates, including WIGIs, 5 C.F.R. § 531.401 (c), employees entitled to WIGIs must be classified under the GS, 5 C.”

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