§ 531.223 Rates of basic pay that may not be used as the highest previous rate.

The highest previous rate may not be based on the following: (a) A rate received under an appointment as an expert or consultant under 5 U.S.C. 3109; (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; (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; (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; (e) A rate received by an individual while employed by a Department of Defense or Coast Guard nonappropriated fund instrumentality; (f) A rate received solely during a period of interim relief under 5 U.S.C. 7701(b)(2)(A); (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)); (h) A rate received under a void appointment or a rate otherwise contrary to applicable law or regulation; (i) A rate received as a member of the uniformed services; or (j) A retained rate under 5 U.S.C. 5363 or a similar rate under another legal authority.