Section 531.223 - Rates of basic pay that may not be used as the highest previous rateThe 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. 70 FR 31291 , May 31, 2005, as amended at 73 FR 66153 , Nov. 7, 2008