Adjustments of Certain Rates of Pay
Signed December 27, 2012·Barack Obama·78 FR 649
Source
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Plain-language summary
Sets updated pay rates for various categories of federal employees and officials, attaching schedules covering the General Schedule, the Foreign Service Schedule, Veterans Health Administration pay, the Senior Executive Service, the Executive Schedule, the Vice President and Congress, federal justices and judges, uniformed services members, locality-based pay adjustments, and administrative law judges. Directs the Director of the Office of Personnel Management to implement the locality-based comparability payments and publish notice of them in the Federal Register. States that the uniformed services pay schedule takes effect January 1, 2013, while the other schedules take effect on the first day of the first applicable pay period after a date specified in the Continuing Appropriations Resolution, 2013. Supersedes Executive Order 13594 of December 19, 2011, as of these effective dates. Applies to civilian federal employees, senior executives, certain elected and appointed officials, judges, and members of the uniformed services.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 114(b) of the Continuing Appropriations Resolution, 2013 (Public Law 112-175), which provides that any statutory adjustments to current levels in certain pay schedules for civilian Federal employees may take effect on the first day of the first applicable pay period beginning after the date specified in section 106(3) of Public Law 112-175, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Supersedes: EO 13594, December 19, 2011; Superseded by EO 13641, April 5, 2013
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The order, in full
Executive Order 13635 of December 27, 2012
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 114(b) of the Continuing
Appropriations Resolution, 2013 (Public Law 112-175),
which provides that any statutory adjustments to
current levels in certain pay schedules for civilian
Federal employees may take effect on the first day of
the first applicable pay period beginning after the
date specified in section 106(3) of Public Law 112-175,
it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic
pay or salaries of the statutory pay systems (as
defined in 5 U.S.C. 5302(1)), as adjusted under 5
U.S.C. 5303, are set forth on the schedules attached
hereto and made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department
of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law
102-40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates
of basic pay for senior executives in the Senior
Executive Service, as established pursuant to 5 U.S.C.
5382, are set forth on Schedule 4 attached hereto and
made a part hereof.
Sec. 3. Certain Executive, Legislative, and Judicial
Salaries. The rates of basic pay or salaries for the
following offices and positions are set forth on the
schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31) at
Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a), and
section 140 of Public Law 97-92) at Schedule 7.
Sec. 4. Uniformed Services. The rates of monthly basic
pay (37 U.S.C. 203(a)) for members of the uniformed
services, as adjusted under 37 U.S.C. 1009, and the
rate of monthly cadet or midshipman pay (37 U.S.C.
203(c)) are set forth on Schedule 8 attached hereto and
made a part hereof.
Sec. 5. Locality-Based Comparability Payments. (a)
Pursuant to section 5304 of title 5, United States
Code, and my authority to implement an alternative
level of comparability payments under section 5304a of
title 5, United States Code, locality-based
comparability payments shall be paid in accordance with
Schedule 9 attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take such
actions as may be necessary to implement these payments and to publish
appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. Pursuant to section
5372 of title 5, United States Code, the rates of basic
pay for administrative law judges are set forth on
Schedule 10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective
January 1, 2013. The other schedules contained herein
are effective on the first day of the first applicable
pay period beginning after the date specified in
section 106(3) of Public Law 112-175.
Sec. 8. Prior Order Superseded. Executive Order 13594
of December 19, 2011, is superseded as of the effective
dates specified in section 7 of this order.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, December 27, 2012.Reproduced from the Federal Register plain-text record, signed December 27, 2012. Typesetting artifacts are removed; no wording is changed.