---
kind: "section"
citation: "5 C.F.R. § 531.223"
title: "5"
number: "531.223"
heading: "Rates of basic pay that may not be used as the highest previous rate."
url: "https://uscodex.org/cfr/5/531.223"
---

# §531.223. Rates of basic pay that may not be used as the highest previous rate.


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](/usc/5/3109.md);
- (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)](/usc/5/7701.md?p=b-2-A);
- (g) A special rate established under 5 U.S.C. [5305](/usc/5/5305.md) and [5](/usc/5/5.md) CFR [part 530](/cfr/5/part530.md), subpart [C](/cfr/5/subpartC.md), or [38](/cfr/5/subpart38.md) U.S.C. 7455 (except as provided in [§ 531.222(c)](/cfr/5/531.222.md?p=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](/usc/5/5363.md) or a similar rate under another legal authority.

## Notes

### Amendments

[70 FR 31291, May 31, 2005, as amended at 73 FR 66153, Nov. 7, 2008]

### Source

Source: 70 FR 31291, May 31, 2005, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 5115, 5307, and 5338; 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 5941(a); 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.

### Amendments

[70 FR 31291, May 31, 2005, as amended at 73 FR 66153, Nov. 7, 2008]