{"data":{"id":"us/5-cfr-536.310","jurisdiction":"us","citation":"5 CFR 536.310","heading":"Exceptions for certain employees in nonforeign areas.","body":"(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—\n(1) The retained rate becomes equal to or falls below Executive Schedule level IV; or\n(2) The employee ceases to be entitled to pay retention under § 536.308.\n(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—\n(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\n(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.","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 536—GRADE AND PAY RETENTION","Subpart C—Pay Retention"],"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":"897cc4cf994bb5a51e639d3e43f186effec45c1eb2d0eaadb2e30e5c7b8cce12","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-536.309","next":"us/5-cfr-536.401"},"notice":"GroundRules: Original legal text. Not legal advice."}