Post differentials
A post differential may be granted on the basis of conditions of environment which differ substantially from conditions of environment in the continental United States and warrant additional pay as a recruitment and retention incentive. A post differential may be granted to an employee officially stationed in the United States who is on extended detail in a foreign area. A post differential under this subsection may not exceed 35 percent of the rate of basic pay.
Any employee granted a differential under subsection (a) of this section may be granted an additional differential for an assignment to a post determined to have especially adverse conditions of environment which warrant additional pay as a recruitment and retention incentive for the filling of positions at that post. An additional differential for any employee under this subsection—
may be paid for each assignment to a post determined to have such conditions;
may be paid periodically or in a lump sum; and
may not exceed 15 percent of the rate of basic pay of that employee for the period served under that assignment.
Source
(Pub. L. 89–554,Notes
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Historical and Revision Notes |
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
5 U.S.C. 3038. | Sept. 6, 1960, Pub. L. 86–707, § 231, 74 Stat. 795. |
Amendments
Effective Date of 2004 Amendment
Effective Date of 1980 Amendment
Criteria
Extension of Foreign Post Differentials to Certain Federal Employees Who Served in Connection With Operation Desert Storm
Waiver of Requirement That Employee Be Detailed to A Post for an ‘Extended’ Period.—
An individual who performed service of a type described in subsection (b) shall, upon appropriate written application, be granted the total amount to which such individual would have been entitled for such service under section 5925(a) of title 5, United States Code, disregarding any eligibility requirement relating to the minimum period of time for which an individual must serve at, or be detailed to, a post.
Description of Service Involved.—
This section applies with respect to any period of service if, or to the extent that—
it was performed as an employee—
in connection with Operation Desert Storm;
during the Persian Gulf conflict;
at a post within the area designated by the President, in Executive Order 12744 [26 U.S.C. 112 note], as a ‘combat zone’ for purposes of section 112 of the Internal Revenue Code of 1986 [26 U.S.C. 112]; and
while a differential under section 5925(a) of title 5, United States Code, was authorized with respect to such post; and
no differential under such section 5925(a) was granted to such employee for such service.
Regulations.—
The President may prescribe any regulations necessary to carry out this section.
Definitions.—
For the purpose of this section—
the term ‘employee’ has the meaning given such term by section 5921(3) of title 5, United States Code;
the term ‘Operation Desert Storm’ has the meaning given such term by section 3(1) of the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 [Pub. L. 102–25] (10 U.S.C. 101 note); and
the term ‘Persian Gulf conflict’ means the period beginning on