Pub. L. 87-270, tit. II, sec. 201
protection of salary standing of postal field service employees
protection of salary standing of postal field service employees Sec. 201. That part of chapter 45 of title 39 of the United States Code under the heading “Salary Steps and Promotions” is amended by adding at the end thereof the following new section: “§ 3560. Salary protection “(a) As used in this section, the term ‘salary standing’ means— “(1) basic salary and salary level, with respect to the Postal Field Service Schedule (excluding salary levels PFS 17, 18, 19, and 20), “(2) salary for the particular route (including additional compensation for forty hours and under for serving heavily patronized routes), with respect to the Rural Carrier Schedule, and “(3) gross receipts category, with respect to the Fourth-Class Office Schedule. “(b) Subject to the provisions of subsection (c) of this section, each employee— “(1) who at any time on or after July 1, 1961, is or was reduced in salary standing; “(2) who, on the effective date of such reduction in salary standing, holds or held a career appointment or a probational appointment in the postal field service; “(3) whose reduction in salary standing is not or was not caused by a demotion for personal cause, is not or was not at his own request, is not or was not a condition of his temporary promotion or temporary assignment to a higher salary standing, is not or was not a condition of his temporary appointment, and is not or was not effected in a reduction in force due to lack of funds or curtailment of work; “(4) who, for two continuous years immediately prior to such reduction in salary standing, served in the postal field service with the same salary standing or with the same and higher salary standing; and “(5) whose performance of work at all times during such period of two years is or was satisfactory; shall be entitled, as of the effective date of such reduction in salary standing or as of the first day of the first pay period which begins on or after the date of enactment of this section, whichever is later, unless or until he is entitled to receive basic salary at a higher rate by reason 75 Stat. 570 of the operation of this section, or until the expiration of a period of two years immediately following the effective date of such reduction in salary standing or immediately following the first day of such first pay period, as applicable, to receive the rate of basic salary to which he was entitled immediately prior to such reduction in salary standing (including each increase provided by law in such rate of basic salary) so long as he continues in the postal field service without any break in service of one workday or more and is not demoted or reassigned for personal cause, at his own request, or in a reduction in force due to lack of funds or curtailment of work. “(c) The rate of basic salary to which such employee is entitled under subsection (b) of this section with respect to each reduction in salary standing to which this section applies shall be the lesser of the following: “(A) the amount of the existing rate of basic salary of the employee immediately prior to the reduction in salary standing (including each increase provided by law in such rate); or “(B) the amount of the rate of the salary level or salary range (including each increase provided by law in such rate) to which the employee is reduced, increased by 25 per centum. “(d) The Postmaster General is authorized to issue regulations to carry out the purposes of this section. “(e) (1) For the purposes of section 3559(a), the existing basic salary shall be the basic salary which the employee would have received except for the provisions of this section. “(2) For the purposes of section 3544(h), the basic compensation earned shall be the basic compensation which the employee would have received except for the provisions of this section. “(f) For the purposes of this section, the term ‘curtailment of work’ does not include— “(1) reductions in class or gross receipts category of any post office, or “(2) reductions in route mileage for rural carriers.”