The highest previous rate may not be based on the following:
(a) A rate received under an appointment as an expert or consultant under 5 U.S.C. 3109;
(b) A rate received in a position to which the employee was temporarily promoted for less than 1 year, except upon permanent placement in a position at the same or higher grade;
(c) A rate received in a position from which the employee was reassigned or reduced in grade for failure to satisfactorily complete a probationary period as a supervisor or manager;
(d) A rate received by an individual while employed by the government of the District of Columbia who was first employed by that government on or after October 1, 1987;
(e) A rate received by an individual while employed by a Department of Defense or Coast Guard nonappropriated fund instrumentality;
(f) A rate received solely during a period of interim relief under 5 U.S.C. 7701(b)(2)(A);
(g) A special rate established under 5 U.S.C. 5305 and 5 CFR part 530, subpart C, or 38 U.S.C. 7455 (except as provided in § 531.222(c));
(h) A rate received under a void appointment or a rate otherwise contrary to applicable law or regulation;
(i) A rate received as a member of the uniformed services; or
(j) A retained rate under 5 U.S.C. 5363 or a similar rate under another legal authority.
[70 FR 31291, May 31, 2005, as amended at 73 FR 66153, Nov. 7, 2008]
authority: 5 U.S.C. 5115,
5307,
and; sec. 4 of Public Law 103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p. 316; Subpart B also issued under
5 U.S.C. 5303(g), 5305, 5333, 5334(a) and (b), and 7701(b)(2); Subpart D also issued under
5 U.S.C. 5335 and 7701(b)(2); Subpart E also issued under
5 U.S.C. 5336; Subpart F also issued under
5 U.S.C. 5304,
5305,
and; E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682; and E.O. 13106, 63 FR 68151, 3 CFR, 1998 Comp., p. 224
cite as: 5 CFR 531.223