How does that follow? They will just lower the bottom of the pay bands, and now people who in the bottom third are at the midpoint without another dollar being spent.
And then, because law is not code and being technically correct is frequently not the best kind of correct, the question becomes "OK, are there actually any employees at that point in the pay band?" and folks start tugging their collars and going "well..." until that activity becomes disallowed, either via judicial interpretation or legislative amendment.