Effective Date: September 02, 2021
Expiration Date: September 02, 2026
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6.1.1 The level of pay will be a reflection of the responsibilities of the position and the qualifications and also reflect meaningful distinction among ST and SL employees based on individual performance, contributions to the Agency's performance, or both.
6.1.2 Initial appointments will be made at the lowest practicable pay level. Current GS employees promoted to ST and SL positions may receive an appropriate increase in pay, normally 6 percent. Proposed salaries exceeding 6 percent will be justified based on the scope and impact of the position, the special or unique qualifications of the selectee, or competing salary offers.
6.1.3 The salary of a selectee from the private sector will be set at the lowest practicable level, taking into account the responsibilities of the position to be filled, the experience and qualifications of the selectee and anticipated contributions, the relative difficulty in filling the position with a highly-qualified individual, and current salary.
6.1.4 In accordance with 5 CFR § 534.504—Pay range, pay cannot be less than 120 percent of the minimum rate payable for GS-15.
6.1.5 The maximum rate of pay will be the rate payable for Level II of the Executive Schedule (EX-II) for ST and SL employees covered by a performance appraisal system certified under Limitation on Certain Payments, 5 U.S.C. § 5307 (d) by OPM, with the concurrence of the Office of Management and Budget, and EX-III for ST and SL employees covered by a performance appraisal system that has not been certified under 5 U.S.C. § 5307 (d).
6.1.6 Agencies with a certified performance appraisal system may pay up to EX-II. Agencies without a certified performance appraisal system may pay up to EX-III.
6.2.1 Pay may be set anywhere within the applicable pay range. The following requirements apply to transfers and reappointments:
a. Upon transfer, pay may be set anywhere within the applicable range, except pay may not be reduced for an ST and SL employee paid above EX-III who transfers from an agency with a certified performance appraisal system to an agency without a certified performance appraisal system.
b. Upon reinstatement within 30 days of departure to the same or successor position, pay may not be set higher than pay at time of departure, unless approved by the Administrator, or designee. If reinstatement is more than 30 days after departure, pay may be set anywhere within the applicable range and approved by the Administrator, or designee.
6.3.1 ST and SL employees may receive pay increases based on demonstrated performance (i.e., based on the most recent rating of record), focusing on measurable results that contributed to mission or program success.
6.3.2 ST and SL employees' pay will be adjusted, at the same time statutory adjustments are provided for the GS, in accordance with the statute, at the beginning of the first applicable pay period commencing on or after the first day of the month in which an annual adjustment takes effect to the GS.
6.3.3 As part of the annual performance management process, the Administrator, or designee, may authorize performance-based pay increases for ST and SL employees.
6.3.4 Yearly performance-based increases are set by the Administrator, or designee. Although the specific increases are subject to change, the range of performance-based increases is expected to appropriately distinguish between low and high performers. Appendix C shows a representative range of performance-based increases.
6.3.5 Employees who have met the following criteria may receive a performance-based increase:
a. Received an ST or SL appointment 90 days prior to the end of the current performance cycle.
b. Completed at least 90 days under an approved ST or SL performance plan.
c. Received an official rating of record of at least Successful approved by the Administrator.
6.3.6 Employees who received an ST or SL appointment on October 1 or later are ineligible for either of the above increases for the performance cycle that ended on September 30.
6.3.7 Unless otherwise authorized by the Administrator, or designee, the pay of an employee returning to a GS position from a time-limited promotion to an ST or SL position will be set at the rate that would have been in effect had the employee remained in the GS position, including any within-grade increases to which the employee would have been entitled.
6.3.8 An ST or SL employee rated Successful or above and properly positioned within the pay range is eligible for a pay increase if the GS pay rates are increased, unless the Administrator makes a "zero pay adjustment determination". In that case, employees will be notified in writing of the "zero pay adjustment" determination.
a. An exception would occur when an ST or SL is already compensated within the top 10 percent of the pay range. In such cases, written communication is required only when the employee receives the highest possible rating above Successful and the maximum payable rate for senior professionals has also increased due to an increase in EX pay rates under Adjustments in Rates of Pay, 5 U.S.C. § 5318.
b. An ST or SL employee rated below Successful may not receive a pay increase unless one is required to avoid paying the employee at a rate below the minimum rate of basic pay.
6.4.1 Involuntary Pay Reductions
22.214.171.124 A decrease based on poor performance is processed under 5 CFR pt. 430 and requires a 30-day advance written notice.
126.96.36.199 A decrease based on an adverse action is processed under Adverse Actions, 5 CFR pt. 752 and requires a 30-day advance written notice.
188.8.131.52 Pay for ST and SL employees resulting from a reduction in grade or a move to a GS position is set at the minimum rate of basic pay for the grade, unless approved to be set at a higher rate under the rules for maximum payable rate, superior qualifications and special needs pay setting, or pay retention, if applicable.
6.5.1 Off-cycle pay increase to a senior professional under 5 CFR pt. 534 based upon individual performance, contribution to Agency performance, or both can be granted by the Administrator, or designee. Management officials shall document the justification to support an off-cycle pay increase by factors that distinguish the senior professional's performance from that of peers and from that previously recognized by the annual pay adjustment. Granting such an increase should be based on one of the following factors:
a. Exceptionally meritorious accomplishments contributing significantly to the Agency's performance.
b. Reassignment to a position that has a substantially greater impact on Agency performance.
c. The need to retain an individual whose contributions are critical to the Agency and who is likely to leave the Agency.
6.5.2 Off-cycle pay increases are documented in accordance with 5 CFR pt. 534 to include use of a performance rating to distinguish the basis for the off-cycle increase from the basis for the annual pay adjustment. Information will be included to explain how and which of the additional factors supports the pay increase.
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