---
kind: "range"
citation: "5 C.F.R. §§ 530.321–530.323"
title: "5"
from: "530.321"
to: "530.323"
count: 3
url: "https://uscodex.org/cfr/5/530.321..530.323"
---

# §530.321. General.

- (a) This section and §§ [530.322](/cfr/5/530.322.md) and [530.323](/cfr/5/530.323.md) provide conversion rules for setting an employee's pay when a special rate schedule is established, increased, decreased, or discontinued, or when an employee's coverage under an existing special rate schedule is affected by a change in coverage criteria. These conversion rules do not apply to changes in an employee's special rate entitlements based on a change in the employee's position of record or official worksite. Pay-setting rules for other personnel actions affecting special rate employees are provided in 5 CFR parts [531](/cfr/5/part531.md) and [536](/cfr/5/part536.md). For example, if an employee becomes covered by a special rate schedule as a result of a change in the employee's official worksite, the geographic conversion rule in [5 CFR 531.205](/cfr/5/531.205.md) must be used to set the employee's rate(s) of basic pay in the new location before considering any other simultaneous pay action (other than a general pay adjustment).
- (b) The conversion rules in §§ [530.322](/cfr/5/530.322.md) and [530.323](/cfr/5/530.323.md) are considered general pay adjustments for the purpose of applying [5 CFR 531.206](/cfr/5/531.206.md) (dealing with the order of precedence for processing simultaneous pay actions). The rate(s) of pay resulting from these conversion rules are considered the employee's existing rate(s) of pay before processing the next simultaneous pay action in the order of precedence.

# §530.322. Setting pay when a special rate schedule is newly established or increased.

- (a) **General rule.** When an employee holds a position that becomes covered by a newly established special rate schedule (including a schedule for which coverage is expanded) or increased special rate schedule (including an increased special rate range within a schedule), the agency must set the employee's special rate at the step (or relative position in range for a GM employee) of the grade on the new special rate schedule that corresponds to the employee's existing numerical step (or relative position in range for a GM employee) as in effect immediately before the new special rate schedule takes effect, except as otherwise provided in this section. The corresponding special rate is determined by adding the applicable special rate supplement on top of the employee's GS rate, subject to the limitation that no special rate may exceed the rate for level IV of the Executive Schedule. For an employee receiving an LEO special base rate, add the applicable special rate supplement to the GS rate for the employee's grade and step, except as otherwise provided under [§ 530.304(d)](/cfr/5/530.304.md?p=d).
- (b) **Employee entitled to a higher rate of basic pay.** As provided in [§ 530.303(d)](/cfr/5/530.303.md?p=d), if an employee meeting the coverage conditions for a newly established or increased special rate schedule is entitled to a higher rate of basic pay under other legal authority, the employee must be paid at that higher rate.
- (c) **Employee receiving a retained rate.** When an employee is receiving a retained rate immediately before the employee's position is covered by a newly established or increased special rate schedule, the agency must determine the employee's rate of pay consistent with the requirements in [5 CFR part 536](/cfr/5/part536.md), [subpart C](/cfr/5/subpartC.md) (or [5 CFR 359.705](/cfr/5/359.705.md) for a former member of the Senior Executive Service receiving a retained rate under that section).

# §530.323. Setting pay when a special rate is discontinued or decreased.

- (a) **General.** This section applies when a special rate applicable to a position is discontinued or decreased because of—
  - (1) A reduction or termination of the rates of the special rate schedule (or of rates of a rate range within a schedule); or
  - (2) **The reduction in the scope of coverage of the special rate schedule.**
- (b) **Employee entitled to pay retention.** When a special rate applicable to a position is discontinued or decreased, and an employee holding the position is entitled to pay retention under [5 CFR part 536](/cfr/5/part536.md) as a result, the employee's rate of pay must be set consistent with the requirements in [5 CFR part 536](/cfr/5/part536.md), subpart C.
- (c) **Employee not entitled to pay retention.** When a special rate applicable to a position is discontinued or decreased, and an employee holding the position is not entitled to pay retention under [5 CFR part 536](/cfr/5/part536.md), the employee's rate of pay is set in the highest applicable rate range at the grade and step (or relative position in range for a GM employee) that corresponds to the grade and step (or relative position in range for a GM employee) for the employee's existing special rate (as in effect immediately before the schedule change).
- (d) **Employee receiving a retained rate.** When a special rate applicable to a position is discontinued or decreased, and the employee holding the position is receiving a retained rate immediately before the schedule change, the employee's rate of pay must be set consistent with the requirements in [5 CFR part 536](/cfr/5/part536.md), [subpart C](/cfr/5/subpartC.md) (or [5 CFR 359.705](/cfr/5/359.705.md) for a former member of the Senior Executive Service receiving a retained rate under that section).