US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 104. —  Salary of the Vice President.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 3USC104]

 
                         TITLE 3--THE PRESIDENT
 
             CHAPTER 2--OFFICE AND COMPENSATION OF PRESIDENT
 
Sec. 104. Salary of the Vice President

    (a) The per annum rate of salary of the Vice President of the United 
States shall be the rate determined for such position under chapter 11 
of title 2, as adjusted under this section. Subject to subsection (b), 
effective at the beginning of the first month in which an adjustment 
takes effect under section 5303 of title 5 in the rates of pay under the 
General Schedule, the salary of the Vice President shall be adjusted by 
an amount, rounded to the nearest multiple of $100 (or if midway between 
multiples of $100, to the nearest higher multiple of $100), equal to the 
percentage of such per annum rate which corresponds to the most recent 
percentage change in the ECI (relative to the date described in the next 
sentence), as determined under section 704(a)(1) of the Ethics Reform 
Act of 1989. The appropriate date under this sentence is the first day 
of the fiscal year in which such adjustment in the rates of pay under 
the General Schedule takes effect.
    (b) In no event shall the percentage adjustment taking effect under 
the second and third sentences of subsection (a) in any calendar year 
(before rounding) exceed the percentage adjustment taking effect in such 
calendar year under section 5303 of title 5 in the rates of pay under 
the General Schedule.

(June 25, 1948, ch. 644, 62 Stat. 678; Jan. 19, 1949, ch. 2, Sec. 1(b), 
63 Stat. 4; Mar. 2, 1955, ch. 9, Sec. 4(c), 69 Stat. 11; Pub. L. 88-426, 
title III, Sec. 304(a), Aug. 14, 1964, 78 Stat. 422; Pub. L. 91-67, 
Sec. 1, Sept. 15, 1969, 83 Stat. 106; Pub. L. 94-82, title II, Sec. 203, 
Aug. 9, 1975, 89 Stat. 420; Pub. L. 97-257, title I, Sec. 105(b), Sept. 
10, 1982, 96 Stat. 849; Pub. L. 101-194, title VII, Sec. 704(a)(2)(A), 
Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101-509, title V, Sec. 529 [title 
I, Sec. 101(b)(4)(I)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 103-
356, title I, Sec. 101(2), Oct. 13, 1994, 108 Stat. 3410.)

                       References in Text

    The General Schedule, referred to in text, is set out under section 
5332 of Title 5, Government Organization and Employees.
    Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in 
subsec. (a), is section 704(a)(1) of Pub. L. 101-194, which is set out 
as a note under section 5318 of Title 5.


                               Amendments

    1994--Pub. L. 103-356 designated existing provisions as subsec. (a), 
substituted ``Subject to subsection (b), effective'' for ``Effective'' 
in second sentence, and added subsec. (b).
    1990--Pub. L. 101-509 substituted ``5303'' for ``5305''.
    1989--Pub. L. 101-194 substituted ``corresponds to the most recent 
percentage change in the ECI (relative to the date described in the next 
sentence), as determined under section 704(a)(1) of the Ethics Reform 
Act of 1989. The appropriate date under this sentence is the first day 
of the fiscal year in which such adjustment in the rates of pay under 
the General Schedule takes effect'' for ``corresponds to the overall 
average percentage (as set forth in the report transmitted to the 
Congress under section 5305 of title 5) of the adjustment in such rates 
of pay''.
    1982--Pub. L. 97-257 struck out requirement for payment of salary on 
a monthly basis.
    1975--Pub. L. 94-82 substituted provisions for a rate of salary to 
be determined under chapter 11 of title 2, as adjusted under this 
section, with adjustments equal to the percentage of such per annum rate 
which corresponds to the overall average percentage of the adjustment in 
such rates of pay for provisions for a per annum rate of salary of 
$62,500.
    1969--Pub. L. 91-67 increased salary from $43,000 to $62,500.
    1964--Pub. L. 88-426 increased salary from $35,000 to $43,000.
    1955--Act Mar. 2, 1955, increased salary from $30,000 to $35,000.
    1949--Act Jan. 19, 1949, increased salary from $20,000 to $30,000.


                    Effective Date of 1994 Amendment

    Section 101 of Pub. L. 101-356 provided that the amendment made by 
that section is effective Dec. 31, 1994.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of Title 5, Government 
Organization and Employees.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 
704(b) of Pub. L. 101-194, set out as a note under section 5318 of Title 
5, Government Organization and Employees.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-257 effective in the case of compensation 
payable for months after December 1981, see section 105(c) of Pub. L. 
97-257, set out as a note under section 60c-1 of Title 2, The Congress.


                    Effective Date of 1969 Amendment

    Section 3 of Pub. L. 91-67 provided that: ``The amendments made by 
this Act [amending this section and section 31 of Title 2, The Congress] 
shall become effective on March 1, 1969.''


                    Effective Date of 1964 Amendment

    Amendment by Pub. L. 88-426 effective on first day of first pay 
period which begins on or after July 1, 1964, except to the extent 
provided in section 501(c) of Pub. L. 88-426, see section 504 of Pub. L. 
88-426.


                    Effective Date of 1955 Amendment

    Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 
of that act, set out as a note under section 31 of Title 2, The 
Congress.


                    Effective Date of 1949 Amendment

    Amendment by act Jan. 19, 1949, effective noon, Jan. 20, 1949, see 
section 3 of that act.


                            Salary Increases

    2003--Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, set out as a 
note under section 5332 of Title 5, Government Organization and 
Employees, provided for the adjustment of pay rates effective Jan. 1, 
2003.
    2002--Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, which provided 
for the adjustment of pay rates effective Jan. 1, 2002, was superseded 
by Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, set out as a note 
under section 5332 of Title 5.
    2001--Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 
10057, which provided for the adjustment of pay rates effective Jan. 1, 
2001, was superseded by Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, 
formerly set out as a note under section 5332 of Title 5.
    2000--Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, which 
provided for the adjustment of pay rates effective Jan. 1, 2000, was 
superseded by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, formerly 
set out as a note under section 5332 of Title 5.
    1999--Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which 
provided for the adjustment of pay rates effective Jan. 1, 1999, was 
substantially superseded by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 
72237, formerly set out as a note under section 5332 of Title 5.
    1998--Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which 
provided for the adjustment of pay rates effective Jan. 1, 1998, was 
superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly 
set out as a note under section 5332 of Title 5.
    1997--Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which 
provided for the adjustment of pay rates effective Jan. 1, 1997, was 
superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly 
set out as a note under section 5332 of Title 5.
    1996--Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, which provided 
for the adjustment of pay rates effective Jan. 1, 1996, was superseded 
by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as 
a note under section 5332 of Title 5.
    1995--Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which provided 
for the adjustment of pay rates effective Jan. 1, 1995, was superseded 
by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a 
note under section 5332 of Title 5.
    1993--Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, which 
provided for the adjustment of pay rates effective Jan. 1, 1993, was 
superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly 
set out as a note under section 5332 of Title 5.
    1992--Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which 
provided for the adjustment of pay rates effective Jan. 1, 1992, was 
superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly 
set out as a note under section 5332 of Title 5.
    1991--Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which 
provided for the adjustment of pay rates effective Jan. 1, 1991, was 
superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly 
set out as a note under section 5332 of Title 5.
    1990--Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which 
provided for adjustments of pay rates effective Jan. 1, 1990, and Jan. 
31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 
51385, formerly set out as a note under section 5332 of Title 5.
    1989--Pub. L. 101-194, title VII, Sec. 703(a)(2), Nov. 30, 1989, 103 
Stat. 1768, set out as a note under section 5318 of Title 5, provided 
that effective Jan. 1, 1991, the rate of basic pay for the Vice 
President shall be increased in the amount of 25 percent of the rate (as 
last in effect before the increase).
    Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for 
the adjustment of pay rates effective Jan. 1, 1989, was superseded by 
Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a 
note under section 5332 of Title 5.
    1988--Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided 
for the adjustment of pay rates effective Jan. 1, 1988, was superseded 
by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a 
note under section 5332 of Title 5.
    1987--Salary of the Vice President increased to $115,000 per annum, 
on recommendation of the President of the United States, see note set 
out under section 358 of Title 2, The Congress.
    Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for 
the adjustment of pay rates effective Jan. 1, 1987, was superseded by 
Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a 
note under section 5332 of Title 5.
    1985--Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by 
Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for the 
adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. 
Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note 
under section 5332 of Title 5.
    1984--Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. 
Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 
14, 1984, 49 F.R. 36493, which provided for the adjustment of pay rates 
effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 
1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 
F.R. 577, formerly set out as a note under section 5332 of Title 5.
    1982--Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which 
provided for the adjustment of pay rates effective Oct. 1, 1982, was 
superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended 
Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, 
Sept. 14, 1983, 49 F.R. 36493, formerly set out as a note under section 
5332 of Title 5.
    Maximum rate payable after Dec. 17, 1982, increased from $79,125 to 
$91,000, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96 
Stat. 1914, set out as a note under section 5318 of Title 5.
    Limitations on use of funds for fiscal year ending Sept. 30, 1983, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
level V of the Executive Schedule, see section 101(e) of Pub. L. 97-276, 
as amended, set out as a note under section 5318 of Title 5.
    1981--Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which 
provided for the adjustment of pay rates effective Oct. 1, 1981, was 
superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly 
set out as a note under section 5332 of Title 5.
    Limitations on use of funds for fiscal year ending Sept. 30, 1982, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
level V of the Executive Schedule, see sections 101(g) and 141 of Pub. 
L. 97-92, set out as a note under section 5318 of Title 5.
    1980--Ex. Ord. No. 12248, Oct. 16, 1981, 45 F.R. 69199, which 
provided for the adjustment of pay rates effective Oct. 1, 1980, was 
superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly 
set out as a note under section 5332 of Title 5.
    Limitations on use of funds for fiscal year ending Sept. 30, 1981, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
Level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536, 
as amended, set out as a note under section 5318 of Title 5.
    1979--Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by 
Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, which provided for the 
adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. 
Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note 
under section 5332 of Title 5.
    Applicability to funds appropriated by any Act for fiscal year 
ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on 
use of funds to pay the salary or pay of any individual in legislative, 
executive, or judicial branch in position equal to or above Level V of 
the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a 
note under section 5318 of Title 5.
    1978--Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which 
provided for the adjustment of pay rates effective Oct. 1, 1978, was 
superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly 
set out as a note under section 5332 of Title 5.
    Limitations on use of funds for fiscal year ending Sept. 30, 1979, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
Level V of the Executive Schedule, see section 304 of Pub. L. 95-391 and 
section 613 of Pub. L. 95-429, set out as a note under section 5318 of 
Title 5.
    1977--Salary of the Vice President of the United States increased to 
$75,000 per annum on recommendation of the President of the United 
States, see note set out under section 358 of Title 2, The Congress.
    Pub. L. 95-66, Sec. 1(1), July 11, 1977, 91 Stat. 270, set out as a 
note under section 5318 of Title 5, Government Organization and 
Employees, provided that the first adjustment which, but for the 
enactment of Pub. L. 95-66, would have been made in the annual rate of 
pay for the Vice President under the second sentence of this section 
after July 11, 1977, would not take effect.
    1976--Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by 
Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for the 
adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. 
Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out as a 
note under section 5332 of Title 5.
    1975--Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which 
provided for the adjustment of pay rates effective Oct. 1, 1975, was 
superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as 
amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, formerly 
set out as a note under section 5332 of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in title 5 sections 5307, 9502, 9503, 
9505; title 35 section 3.



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com