---
kind: "section"
citation: "5 C.F.R. § 536.310"
title: "5"
number: "536.310"
heading: "Exceptions for certain employees in nonforeign areas."
url: "https://uscodex.org/cfr/5/536.310"
---

# §536.310. Exceptions for certain employees in nonforeign areas.

- (a) Notwithstanding §§ [536.304(b)(3)](/cfr/5/536.304.md?p=b-3) and [536.306(a)](/cfr/5/536.306.md?p=a), an employee who is receiving a retained rate in excess of Executive Schedule level IV on January 1, 2012, consistent with the Non-Foreign Retirement Equity Assurance Act of 2009 (subtitle B of title XIX of Pub. L. 111-84), may continue to receive a retained rate higher than Executive Schedule level IV until—
  - (1) The retained rate becomes equal to or falls below Executive Schedule level IV; or
  - (2) The employee ceases to be entitled to pay retention under [§ 536.308](/cfr/5/536.308.md).
- (b) Notwithstanding [5 U.S.C. 5361(1)](/usc/5/5361.md?p=1) and [§ 536.102(b)(2)](/cfr/5/536.102.md?p=b-2), an employee who is employed on a temporary or term basis is not barred from receiving a retained rate if such employee—
  - (1) Is receiving a special rate above Executive Schedule level IV on January 1, 2012, and is covered by [paragraph (a)](#a) of this section; or
  - (2) Is receiving a special rate incorporating an additional adjustment under [section 1915(b)(1)](/cfr/5/1915.md?p=b-1) of the Non-Foreign Retirement Equity Assurance Act (subtitle B of title XIX of Pub. L. 111-84) at the time the employee's special rate schedule is reduced or terminated.

## Notes

### Amendments

[76 FR 68634, Nov. 7, 2011]

### Source

Source: 70 FR 31310, May 31, 2005, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 5361-5366; sec. 4 of the Performance Management and Recognition System Termination Act of 1993 (Pub. L. 103-89), 107 Stat. 981; § 536.301(b) also issued under 5 U.S.C. 5334(b); § 536.308 also issued under sec. 301(d)(2) of the Federal Workforce Flexibility Act of 2004 (Pub. L. 108-411), 118 Stat. 2305; § 536.310 also issued under sections 1913 and 1918 of the Non-Foreign Area Retirement Equity Assurance Act of 2009 (subtitle B of title XIX of Pub. L.111-84), 123 Stat. 2619; § 536.405 also issued under 5 U.S.C. 552, Freedom of Information Act, Public Law 92-502.

### Source

Source: 45 FR 85656, Dec. 30, 1980, unless otherwise noted.

### Amendments

[76 FR 68634, Nov. 7, 2011]