Non-Foreign AREA Act of 2009

Non-Foreign Area Retirement Equity Assurance Act of 2009 or the Non-Foreign AREA Act of 2009 - Revises federal employee locality-based comparability payments provisions to include U.S. territories and possessions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands, within a pay locality. Sets forth maximum rates of pay for Senior Executive Service (SES) and other senior level personnel in such areas.

Revises the calculation of allowances based on living costs and conditions of environment for pay of employees stationed outside the continental United States or in Alaska to apply it only to areas designated as of December 31, 2009. Provides a formula for adjustment of such rate using a transition schedule for calendar years 2010-2012.

Requires adjustment of special rates of pay determined to be necessary to obtain or retain the services of persons specified by statute in such a cost-of-living area in accordance with regulations to be prescribed by the Director of the Office of Personnel Management (OPM) under this Act. Allows a temporarily raised limitation on the amount of special rates during the transition period of January 1, 2010, to January 1, 2012.

Expresses the sense of the Congress with respect to pay disparities and locality areas for federal positions located in Alaska, Hawaii, or a U.S. territory.

Defines "covered employees" for purposes of this Act, including employees who were eligible, before enactment, to be paid a cost-of-living allowance (COLA) but not a locality-based comparability payment. Describes application of this Act to postal employees.

Allows an employee subject to this Act's transition schedule who retires from service during the period from January 1, 2010, through December 31, 2012, to elect to have any COLA paid during that period considered as basic pay for purposes of annuity computation.

Directs the administrator of a pay system not administered by OPM, with the concurrence of the Director of OPM, to prescribe regulations to carry out this Act with respect to employees in such pay system. Requires such regulations to be consistent with the regulations prescribed by OPM to carry out this Act and to provide, with respect to employees not entitled to locality-based comparability payments, for special payments or adjustments for employees who were eligible to receive a COLA under other pay systems prior to this Act's enactment.