U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart D— Pay and Allowances › Chapter CHAPTER 53— PAY RATES AND SYSTEMS › Subchapter SUBCHAPTER IV— PREVAILING RATE SYSTEMS

5 U.S.C. § 5344

Effective date of wage increase; retroactive pay

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(a) Each increase in rates of basic pay granted, pursuant to a wage survey, to prevailing rate employees is effective not later than the first day of the first pay period which begins on or after the 45th day, excluding Saturdays and Sundays, following the date the wage survey is ordered to be made.(b) Retroactive pay is payable by reason of an increase in rates of basic pay referred to in subsection (a) of this section only when—(1) the individual is in the service of the Government of the United States, including service in the armed forces, or the government of the District of Columbia on the date of the issuance of the order granting the increase; or(2) the individual retired or died during the period beginning on the effective date of the increase and ending on the date of issuance of the order granting the increase, and only for services performed during that period.For the purpose of this subsection, service in the armed forces includes the period provided by statute for the mandatory restoration of the individual to a position in or under the Government of the United States or the government of the District of Columbia after he is relieved from training and service in the armed forces or discharged from hospitalization following that training and service.(Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 568.)Editorial NotesPrior Provisions

Provisions similar to those comprising subsec. (a) of this section were contained in Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471 (formerly classified to section 5343 of this title) prior to the general amendment of this subchapter by section 1(a) of Pub. L. 92–392.

Statutory Notes and Related SubsidiariesEffective Date

Section effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as a note under section 5341 of this title.

Notes of Decisions
Cited in 6 cases, 1979–1989 · leading case: Am. Fed'n of Gov't Employees v. Brown, 481 F. Supp. 711 (D.D.C. 1979).
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Am. Fed'n of Gov't Employees v. Brown, 481 F. Supp. 711 (D.D.C. 1979). · cites it 2× “See 5 U.S.C. § 5344 (a) (1976). On October 24, 1978, President Carter requested in a nationally televised address on inflation that wage increases for all but the nation’s lowest paid workers be limited to a maximum of seven percent.”
Am. Fed'n of Gov't Employees v. Campbell, 474 F. Supp. 357 (D.D.C. 1979). “1 As a result of these surveys and by operation of 5 U.S.C. § 5344 (a), pay increases in excess of 5.”
Nat'l Fed'n of Fed. Employees, Local 1622 v. Brown, 645 F.2d 1017 (D.C. Cir. 1981). “Pursuant to 5 U.S.C. § 5344 (b), the increases were made retroactive to October 22, 1978.”
Nat'l Fed'n of Fed. Employees, Local 1622 v. Brown, 481 F. Supp. 704 (D.D.C. 1979). “3 See 5 U.S.C. § 5344 (a) (1976). On October 24, 1978, President Carter requested in a nationally televised address on inflation that wage increases for all but the nation’s lowest paid workers be limited to a maximum of seven percent.”
United States Dep't of Interior, Bureau of Indian Affairs v. Fed. Labor Relations Auth., 887 F.2d 172 (9th Cir. 1989). “§ 5549 ; retroactive pay, 5 U.S.C. § 5344 . In the House Report on the Civil Service Reform Act an entire section is devoted to “Downgrading and Saved Pay” and save pay in the case of the downgrading of a federal employee is treated as a special topic covered by section 5362 of…”
Nat'l Fed'n, Etc. v. Brown, 481 F. Supp. 704 (D.D.C. 1979). “[3] See 5 U.S.C. § 5344 (a) (1976). On October 24, 1978, President Carter requested in a nationally televised address on inflation that wage increases for all but the nation's lowest paid workers be limited to a maximum of seven percent.”
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