5 CFR § 531.223 - Rates of basic pay that may not be used as the highest previous rate.
---identifier: "/us/cfr/t5/s531.223"source: "ecfr"legal_status: "authoritative_unofficial"title: "5 CFR § 531.223 - Rates of basic pay that may not be used as the highest previous rate."title_number: 5title_name: "Administrative Personnel"section_number: "531.223"section_name: "Rates of basic pay that may not be used as the highest previous rate."chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"subchapter_number: "B"subchapter_name: "CIVIL SERVICE REGULATIONS"part_number: "531"part_name: "PAY UNDER THE GENERAL SCHEDULE"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"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."cfr_part: "531"---
Identifier
/us/cfr/t5/s531.223
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Office of Personnel Management
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 ... 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.
# 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;(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);(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));(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 or a similar rate under another legal authority.[70 FR 31291, May 31, 2005, as amended at 73 FR 66153, Nov. 7, 2008]