{"data":{"id":"us/5-cfr-531.223","jurisdiction":"us","citation":"5 CFR 531.223","heading":"Rates of basic pay that may not be used as the highest previous rate.","body":"The highest previous rate may not be based on the following:\n(a) A rate received under an appointment as an expert or consultant under 5 U.S.C. 3109;\n(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;\n(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;\n(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;\n(e) A rate received by an individual while employed by a Department of Defense or Coast Guard nonappropriated fund instrumentality;\n(f) A rate received solely during a period of interim relief under 5 U.S.C. 7701(b)(2)(A);\n(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));\n(h) A rate received under a void appointment or a rate otherwise contrary to applicable law or regulation;\n(i) A rate received as a member of the uniformed services; or\n(j) A retained rate under 5 U.S.C. 5363 or a similar rate under another legal authority.","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 531—PAY UNDER THE GENERAL SCHEDULE","Subpart B—Determining Rate of Basic Pay"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-5.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:23:53Z","sha256":"2540458fd825ed76a703ecb29b780d591a35262bf216a0bbe7d7f71e82177f6e","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-531.222","next":"us/5-cfr-531.241"},"notice":"GroundRules: Original legal text. Not legal advice."}