# § 461. Adjustments in certain salaries
**(a)**
**(1)** Subject to paragraph (2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5 in the rates of pay under the General Schedule (except as provided in subsection (b)), each salary rate which is subject to adjustment under this section shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100) equal to the percentage of such salary rate which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.
**(2)** In no event shall the percentage adjustment taking effect under paragraph (1) in any calendar year (before rounding), in any salary rate, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule.
**(b)** Subsection (a) shall not apply to the extent it would reduce the salary of any individual whose compensation may not, under section 1 of article III of the Constitution of the United States, be diminished during such individual’s continuance in office.
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**Source Credit**: (Added Pub. L. 94–82, title II, § 205(a)(1), Aug. 9, 1975, 89 Stat. 422; amended Pub. L. 101–194, title VII, § 704(a)(2)(A), Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(J)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 103–356, title I, § 101(4), Oct. 13, 1994, 108 Stat. 3411.)
## Editorial Notes
### References in Text
The General Schedule, referred to in subsec. (a), is set out under , Government Organization and Employees.
Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a)(1), is , which is set out as a note under .
### Amendments
1994—Subsec. (a). designated existing provisions as par. (1), substituted “Subject to paragraph (2), effective” for “Effective”, and added par. (2).
1990—Subsec. (a). substituted “5303” for “5305”.
1989—Subsec. (a). substituted “corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect” for “corresponds to the overall average percentage (as set forth in the report transmitted to the Congress under such section 5305) of the adjustments in the rates of pay under such Schedule.”
## Statutory Notes and Related Subsidiaries
### Effective Date of 1994 Amendment
, , , provided that the amendment made by that section is effective as of .
### Effective Date of 1990 Amendment
Amendment by effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after , see section 529 [title III, § 305] of , set out as a note under , Government Organization and Employees.
### Effective Date of 1989 Amendment
Amendment by effective , see , set out as a note under , Government Organization and Employees.
### References to “this Act” in Div. D of Pub. L. 111–8
> “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any title other than title IV [
>
> ] or VIII [
>
> ] shall not apply to such title IV or VIII.”
, , , provided that:
### References to “this Act” in Div. D of Pub. L. 110–161
> “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any title other than title IV [
>
> ] or VIII [
>
> ] shall not apply to such title IV or VIII.”
, , , provided that:
### Salary Adjustments
> “Pursuant to
>
> [set out below], and from funds appropriated in this Act [div. D of
>
> , see Tables for classification and see
>
> , set out as a note above], Justices and judges of the United States are authorized during fiscal year 2009, to receive a salary adjustment in accordance with
>
> .”
, , , provided that:
> “Pursuant to
>
> [set out below], and from funds appropriated in this Act [div. D of
>
> , see Tables for classification and see
>
> , set out as a note above], Justices and judges of the United States are authorized during fiscal year 2008, to receive a salary adjustment in accordance with
>
> .”
, , , provided that:
> “Pursuant to
>
> [set out below], and from funds appropriated in this Act [div. A of
>
> , see Tables for classification], Justices and judges of the United States are authorized during fiscal year 2006, to receive a salary adjustment in accordance with
>
> .”
, , , provided that:
> “Pursuant to
>
> [set out below], Justices and judges of the United States are authorized during fiscal year 2005 to receive a salary adjustment in accordance with
>
> , United States Code.”
, , , provided that:
> “Pursuant to
>
> [set out below], and from funds appropriated in this Act [div. B of
>
> , see Tables for classification], Justices and judges of the United States are authorized during fiscal year 2005, to receive a salary adjustment in accordance with
>
> .”
, , , provided that:
> “Pursuant to
>
> [set out below], Justices and judges of the United States are authorized during fiscal year 2004 to receive a salary adjustment in accordance with
>
> , United States Code.”
, , , provided that:
> “Pursuant to
>
> [set out below], Justices and judges of the United States are authorized during fiscal year 2003 to receive a salary adjustment in accordance with
>
> , United States Code.”
, , , provided that:
> “Pursuant to
>
> [set out below], Justices and judges of the United States are authorized during fiscal year 2002, to receive a salary adjustment in accordance with
>
> ”.
, , , provided in part that:
> “Pursuant to
>
> [set out below], Justices and judges of the United States are authorized during fiscal year 2001, to receive a salary adjustment in accordance with
>
> , only if for the purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 [
>
> ] (
>
> note), adjustments under
>
> , United States Code, shall take effect in fiscal year 2001”.
, , , 2762A–89, provided that:
> “Pursuant to
>
> [set out below], Justices and judges of the United States are authorized during fiscal year 2000, to receive a salary adjustment in accordance with
>
> ”.
, , , 1501A–36, provided in part that:
> “Pursuant to
>
> [set out below], justices and judges of the United States are authorized during fiscal year 1998, to receive a salary adjustment in accordance with
>
> ”.
, , , provided in part that:
> “Pursuant to
>
> [set out below], Justices and judges of the United States are authorized during fiscal year 1993, to receive a salary adjustment in accordance with
>
> .”
, , , provided that:
> “Pursuant to
>
> [set out below], Justices and judges of the United States are authorized during fiscal year 1992, to receive a salary adjustment in accordance with
>
> .”
, , , provided that:
> “Pursuant to
>
> [set out below], Justices and judges of the United States are authorized during calendar year 1991 to receive a salary adjustment in accordance with 28 U.S.C. section 461.”
, , , provided that:
, , , set out as a note under , Government Organization and Employees, provided that effective the first day of the first applicable pay period that begins on or after , the rate of basic pay for the Chief Justice of the United States, an associate justice of the Supreme Court of the United States, a judge of a United States circuit court, a judge of a district court of the United States, and a judge of the United States Court of International Trade shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100).
For purposes of (set out below), appropriate salary increases were authorized for Federal judges and Justices of the Supreme Court pursuant to which provided that effective for pay periods beginning on or after , the rate of basic pay for any office or position in the judicial branch of the Government shall be determined as if ( note) and ( note) had never been enacted, see , set out as a note under .
> “Pursuant to
>
> [set out below], during fiscal year 1988, justices and judges of the United States shall receive the same percentage increase in salary accorded to employees paid under the General Schedule (pursuant to
>
> ).”
, , , 1329–26, provided that:
> “Pursuant to
>
> [set out below], during fiscal year 1987, justices and judges of the United States shall receive the same percentage increase in salary accorded to employees paid under the General Schedule (pursuant to
>
> ).”
, , , 1783–64, and , , , 3341–64, provided that:
> “Effective on the first day of the first applicable pay period commencing on or after
>
> , each rate of pay subject to adjustment by
>
> , United States Code, shall be increased by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the overall percentage of the adjustment taking effect under
>
> , United States Code, in the rates of pay under the General Schedule during fiscal year 1985.”
, , , provided in part that:
> “Effective on the first day of the first applicable pay period commencing on or after
>
> , each rate of pay subject to adjustment by
>
> , United States Code, shall be increased by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the overall percentage of the adjustment taking effect under
>
> , United States Code, in the rates of pay under the General Schedule during fiscal year 1984.”
, , , provided that:
### Specific Congressional Authorization Required for Salary Increases for Federal Judges and Justices of the Supreme Court
> “Notwithstanding any other provision of law or of this joint resolution [
>
> ], none of the funds appropriated by this joint resolution or by any other Act shall be obligated or expended to increase, after the date of enactment of this joint resolution [
>
> ], any salary of any Federal judge or Justice of the Supreme Court, except as may be specifically authorized by Act of Congress hereafter enacted:
>
> , That nothing in this limitation shall be construed to reduce any salary which may be in effect at the time of enactment of this joint resolution nor shall this limitation be construed in any manner to reduce the salary of any Federal judge or of any Justice of the Supreme Court. This section shall apply to fiscal year 1981 and each fiscal year thereafter.”
, , , as amended by , , , provided that:
### Salary Rate Limitations on Use of Funds
1982—Limitations on use of funds for fiscal year ending , appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see , as amended, set out as a note under , Government Organization and Employees.
1981—Limitations on use of funds for fiscal year ending , appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of , set out as a note under .
1980—Limitations on use of funds for fiscal year ending , appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see , as amended, set out as a note under .
1979—Applicability to funds appropriated by any Act for fiscal year ending , of limitation of on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see , set out as a note under .
1978—Limitations on use of funds for fiscal year ending , appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see and , set out as a note under .
### 1977 Comparability Adjustment Not Effective for Justices, Judges, Commissioners, and Referees
, , , set out as a note under , Government Organization and Employees, provided that the first adjustment which, but for the enactment of , would have been made in the salary and rate of pay of justices, judges, commissioners, and referees under this section after , would not take effect.