5 U.S.C. § 5331

Definitions; application

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(a) For the purpose of this subchapter, “agency”, “employee”, “position”, “class”, and “grade” have the meanings given them by section 5102 of this title.(b) This subchapter applies to employees and positions to which chapter 51 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 applies.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 95–454, title IV, § 408(b)(2), Oct. 13, 1978, 92 Stat. 1173; Pub. L. 100–325, § 2(h)(3), May 30, 1988, 102 Stat. 582; Pub. L. 101–509, title V, § 529 [title I, § 102(c)], Nov. 5, 1990, 104 Stat. 1427, 1444.)Historical and Revision Notes

The section is added on authority of former sections 1081, 1082, 1084, and 1091, which are carried into section 5102.

Editorial NotesAmendments

1990—Subsec. (b). Pub. L. 101–509 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “This subchapter applies to employees and positions, other than Senior Executive Service positions and positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, to which chapter 51 of this title applies.”

1988—Subsec. (b). Pub. L. 100–325 inserted reference to positions in Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

1978—Subsec. (b). Pub. L. 95–454 inserted reference to Senior Executive Service positions.

Statutory Notes and Related SubsidiariesEffective Date of 1990 Amendment

Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.

References in Other Laws to Chapter 51 and Subchapter III of Chapter 53

References in laws to fix pay in accordance with this subchapter and chapter 51 of this title considered to include authority under section 5376 of this title, if applicable, but not to include any authority under section 5304 of this title or section 529 [title III, § 302] of Pub. L. 101–509, set out as a note under section 5304 of this title, see section 529 [title I, § 101(c)(2)] of Pub. L. 101–509, set out in a References in Other Laws to GS–16, 17, or 18 Pay Rates; Regulations note under section 5376 of this title.

Notes of Decisions

Cited in 8 cases, 1974–2020 · 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× “One of the pay systems, the General Schedule (GS), 5 U. S. C. §5331 et seq. (1976 ed. and Supp.”

David Babcock v. Comm'r of Soc. Sec., 959 F.3d 210 (6th Cir. 2020). “See generally 5 U.S.C. §§ 5331 et seq. (describing the GS pay rates and system).”

United States v. Ransom, 642 F.3d 1285 (10th Cir. 2011). “Ransom has referred to several statutes he believes conflict with an obligation to take leave for partial-day absences, including those providing for his salary, 5 U.S.C. § 5331 et seq., and his exemption from the minimum-wage and maximum-hour requirements of the FLSA, 29 U.”

Kennedy v. United States, 5 Cl. Ct. 792 (Ct. Cl. 1984). · cites it 2× “Jurisdiction for such claims is granted by the Tucker Act, 28 U.S.C. § 1491 (a)(1).”

Ah Sam v. United States, 230 Ct. Cl. 596 (Ct. Cl. 1982). “The GS system, governed by 5 U.S.C. §5331 et seq., is a nationwide pay system divided into numbered grades and applicable to federal "white collar” employees.”

Mudge v. United States, 63 Fed. Cl. 363 (Fed. Cl. 2004). “The Federal Personnel Manual has been superseded by the Operating Manual, Federal Wage System (1996), but the contents of FPM Supplement 532-1 have been retained.”

Breitbeck v. United States, 205 Ct. Cl. 208 (Ct. Cl. 1974). “§ 5102 (a) and (c)(12)) or the general pay schedule (see 5 U.S.C. § 5331 ). The Abbott court concluded that “Congress seems to have wanted to cut it [the Canal] loose from the United States as far as possible.”

Goewert v. United States, 41 Fed. Cl. 701 (Fed. Cl. 1998). “In fact, plaintiff admits that, taken one by one, his claims may not be within the jurisdiction of the court, but (innovatively) argues that, taken as a whole, they are within the Tucker Act jurisdiction.”

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