StacksVerified U.S. regulatory reference

5 CFR §531.223

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
The highest previous rate may not be based on the following:
  1. (a)A rate received under an appointment as an expert or consultant under 5 U.S.C. 3109;
  2. (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;
  3. (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;
  4. (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;
  5. (e)A rate received by an individual while employed by a Department of Defense or Coast Guard nonappropriated fund instrumentality;
  6. (f)A rate received solely during a period of interim relief under 5 U.S.C. 7701(b)(2)(A);
  7. (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));
  8. (h)A rate received under a void appointment or a rate otherwise contrary to applicable law or regulation;
  9. (i)A rate received as a member of the uniformed services; or
  10. (j)A retained rate under 5 U.S.C. 5363 or a similar rate under another legal authority.