---
kind: "section"
citation: "5 C.F.R. § 530.323"
title: "5"
number: "530.323"
heading: "Setting pay when a special rate is discontinued or decreased."
url: "https://uscodex.org/cfr/5/530.323"
---

# §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).

## Notes

### Amendments

[70 FR 31287, May 31, 2005, as amended at 73 FR 66152, Nov. 7, 2008]

### Source

Source: 70 FR 31287, May 31, 2005, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 5305 and 5307; subpart C also issued under 5 U.S.C. 5338, sec. 4 of the Performance Management and Recognition System Termination Act of 1993 (Pub. L. 103-89), 107 Stat. 981, and sec. 1918 of Public Law 111-84, 123 Stat. 2619.

### Amendments

[70 FR 31287, May 31, 2005, as amended at 73 FR 66152, Nov. 7, 2008]