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:
(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;
(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;