5 CFR § 536.310 - Exceptions for certain employees in nonforeign areas.
---
identifier: "/us/cfr/t5/s536.310"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 536.310 - Exceptions for certain employees in nonforeign areas."
title_number: 5
title_name: "Administrative Personnel"
section_number: "536.310"
section_name: "Exceptions for certain employees in nonforeign areas."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "536"
part_name: "GRADE AND PAY RETENTION"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "45 FR 85656, Dec. 30, 1980, unless otherwise noted."
cfr_part: "536"
---
# 536.310 Exceptions for certain employees in nonforeign areas.
(a) Notwithstanding §§ 536.304(b)(3) and 536.306(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.
(b) Notwithstanding 5 U.S.C. 5361(1) and § 536.102(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) of this section; or
(2) Is receiving a special rate incorporating an additional adjustment under section 1915(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.
[76 FR 68634, Nov. 7, 2011]