Effective Date: January 12, 2009
Expiration Date: November 30, 2024
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a. P.L. 101-509, Federal Employees Pay Comparability Act (FEPCA) of 1990.
b. 5 CFR Part 575, Recruitment and Relocation Bonuses; Retention Allowances; Supervisory Differentials, Subpart D, Supervisory Differentials.
A supervisory differential may be paid to a GS employee who has supervisory responsibility for one or more civil service employees not under the GS whose pay, in the absence of such a differential, exceeds that of the supervisor by at least 2 percent (without rounding). Continuing rates of pay are calculated on an annual basis.
In determining a supervisor's eligibility for payment of a supervisory differential, the subordinate's basic pay may not exceed the maximum rate for GS-15 on the pay schedule applicable to the supervisor (including a special rate or locality-based schedule), regardless of the supervisor's grade level. Consideration will be given to all supervisors within the same organizational component to ensure fair and equitable treatment.
5.4.1 The Request for Personnel Action must document the basis for the request and the consideration given to other supervisors in the same organizational unit as the supervisor.
5.4.2 The requester will propose a rate of pay between 102 percent of the supervisor's continuing pay and 103 percent of the continuing pay of the highest paid subordinate not under the GS.
5.4.3 Approval must be in writing by an official at a higher level than the official who recommends the differential, except the Administrator, who may be both the recommending and approving official.
Once a supervisory differential has been approved, payment may continue until the supervisor's continuing pay exceeds that of the employee. It is not necessary to maintain the 2 percent pay gap in order to continue the differential. The differential must be terminated if the supervisor-employee(s) relationship ceases.
One adjustment of the supervisory differential (not including those required by regulations) may be made within a 12-month period to maintain a comparable pay difference between the supervisor and the employee(s).
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