5 U.S.C. § 5305: Special pay authority

Whenever the Office of Personnel Management finds that the Government’s recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped due to any of the circumstances described in subsection (b), the Office may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 or similar provision of law) for the grade or level by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule. In the case of individuals not subject to the provisions of this title governing appointment in the competitive service, the President may designate another agency to authorize special rates under this section. The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an agency removes a category of employees from coverage under a special rate authorization after that authorization takes effect, the loss of coverage will take effect on the first day of the first pay period after the date of the notice. rates of pay offered by non-Federal employers being significantly higher than those payable by the Government within the area, location, occupational group, or other class of positions under the pay system involved; the remoteness of the area or location involved; the undesirability of the working conditions or the nature of the work involved (including exposure to toxic substances or other occupational hazards); or any other circumstances which the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appropriate. a statutory pay system; or any other pay system established by or under Federal statute for civilian positions within the executive branch. Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the Office of Personnel Management (or by such other agency as the President may designate under the last sentence of subsection (a)(1)). The actions and revisions have the force and effect of statute. An increase in a rate of pay established under this section is not an equivalent increase in pay within the meaning of section 5335. When a schedule of special rates established under this section is adjusted under subsection (d), a covered employee’s special rate will be adjusted in accordance with conversion rules prescribed by the Office of Personnel Management (or by such other agency as the President may under the last sentence of subsection (a)(1) designate). The benefit of any comparability payments under section 5304 shall be available to individuals receiving rates of pay established under this section to such extent as the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appropriate, subject to paragraph (2) and subsection (h). Payments under this subsection may not be made if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. An employee shall not for any purpose be considered to be entitled to a rate of pay established under this section with respect to any period for which such employee is entitled to a higher rate of basic pay under any other provision of law. For purposes of this subsection, the term “basic pay” includes any applicable locality-based comparability payment under section 5304 or similar provision of law. First, determine the rate of pay to which such employee would be entitled at the new official duty station based on such employee’s position, grade, and step (or relative position in the rate range) before the move. Then, if (in addition to the change in pay schedule) the move also involves any personnel action or other change requiring a rate adjustment under any other provision of law, rule, or regulation, apply the applicable rate adjustment provisions, treating the rate determined under paragraph (1) as if it were the rate last received by the employee before the rate adjustment. A rate determined under a schedule of special rates established under this section shall be considered to be part of basic pay for purposes of subchapter III of chapter 83, chapter 84, chapter 87, subchapter V of chapter 55, and section 5941, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe. grade GS–5 or 7 of the General Schedule; a 2-grade-interval occupational series, as determined by the Office of Personnel Management; or any combination of classes of positions described in paragraph (1) or (2) for which the President determines a recruiting difficulty exists. shall be paid in the same manner and at the same time as the employee’s basic pay is paid, but may not be considered to be part of basic pay for any purpose; and may be reduced or eliminated by the Office of Personnel Management in its sole discretion as the amendments made by this Act take effect [see Effective Date of 1990 Amendment and Short Title of 1990 Amendment notes set out under section 5301 of this title ], except that no such reduction or elimination shall have the effect of reducing the total amount of pay (determined by adding basic pay and staffing differential) which any employee is receiving.” no existing special salary rates shall be authorized for members of the United States Park Police under section 5305 of title 5 , United States Code (or any previous similar provision of law); and no special rates of pay or special pay adjustments shall be applicable to members of the United States Park Police pursuant to section 405 of the Federal Law Enforcement Pay Reform Act of 1990 [section 529 [title IV, § 405] of Pub. L. 101–509 , set out in a note below].” “This title [section 529 [title IV, §§ 401–412] of Pub. L. 101–509 , enacting sections 4521 to 4523 of this title, amending sections 5541, 5542, 5547, 8335, and 8425 of this title, enacting provisions set out as notes under this section and sections 4521, 5541, and 8335 of this title, and amending provisions set out as a note under section 5541 of this title ] may be cited as the ‘Federal Law Enforcement Pay Reform Act of 1990’. “For the purposes of this title, except as otherwise provided, the term ‘law enforcement officer’ means any law enforcement officer within the meaning of section 5541(3) of title 5 , United States Code, with respect to whom the provisions of chapter 51 of such title apply. Notwithstanding the procedures of section 5305 of title 5 , United States Code, as amended by section 101 of this Act, or similar provision of law, higher minimum rates and corresponding increases in all step rates of each designated General Schedule grade shall be established for law enforcement officers in accordance with the provisions of this section. Effective on the first day of the first applicable pay period beginning on or after January 1, 1992 , the higher minimum rates to be established are as follows: “GS–3 Step 4 “GS–4 Step 4 “GS–5 Step 4 “GS–6 Step 3 “GS–7 Step 3 “GS–8 Step 3 “GS–9 Step 2 “GS–10 Step 2 Effective on the first day of the first applicable pay period beginning on or after January 1, 1993 , the higher minimum rates to be established are as follows: “GS–3 Step 7 “GS–4 Step 7 “GS–5 Step 8 “GS–6 Step 6 “GS–7 Step 5 “GS–8 Step 3 “GS–9 Step 2 “GS–10 Step 2 The higher minimum rates and corresponding higher rates for each step rate of each designated grade shall apply to every law enforcement officer in the designated grades (except in the case of any law enforcement officer for whom a higher rate is authorized under section 5305 of title 5 , United States Code, as amended by section 101 of this Act, or similar provision of law) and shall be basic pay for all purposes. The rates shall be adjusted at the time of adjustments in the General Schedule to maintain the step linkage set forth in subsection (b)(2). Any interim entry-level adjustment under section 209 of this Act [section 529 [title II, § 209] of Pub. L. 101–509 , set out as a note above] which a law enforcement officer is receiving shall be eliminated on the day before the effective date of the higher minimum rates under subsection (b)(1). A law enforcement officer shall be paid any applicable special pay adjustment in accordance with the provisions of this section, but such special pay adjustment shall be reduced by the amount of any applicable interim geographic adjustment under section 302 of this Act [section 529 [title III, § 302] of Pub. L. 101–509 , set out as a note under section 5304 of this title ], any applicable locality-based comparability payment under section 5304 of title 5 , United States Code, as amended by section 101 of this Act, and, to the extent determined appropriate by the Office of Personnel Management, any applicable special rate of pay under section 5305 of such title, as so amended, or any similar provision of law (other than section 403). Except as provided in subsection (a), effective on the first day of the first applicable pay period beginning on or after January 1, 1992 , each law enforcement officer whose post of duty is in one of the following areas shall receive an adjustment, which shall be a percentage of the officer’s rate of basic pay, as follows: “Area Differential Boston-Lawrence-Salem, MA–NH Consolidated Metropolitan Statistical Area 16% Chicago-Gary-Lake County, IL–IN–WI Consolidated Metropolitan Statistical Area 4% Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan Statistical Area 16% New York-Northern New Jersey-Long Island, NY–NJ–CT Consolidated Metropolitan Statistical Area 16% Philadelphia-Wilmington-Trenton, PA–NJ–DE–MD Consolidated Metropolitan Statistical Area 4% San Francisco-Oakland-San Jose, CA Consolidated Metropolitan Statistical Area 16% San Diego, CA Metropolitan Statistical Area 8% Washington-Baltimore DC–MD–VA–WV Consolidated Metropolitan Statistical Area 4% In the case of any area specified in paragraph (1) that includes a portion, but not all, of a county, the Office of Personnel Management may, at the request of the head of 1 or more law enforcement agencies, extend the area specified in paragraph (1) to include, for the purposes of this section, the entire county, if the Office determines that such extension would be in the interests of good personnel administration. Any such extension shall be applicable to each law enforcement officer whose post of duty is in the area of the extension. A special pay adjustment under this section shall be administered, to the extent practicable, in the same manner as a locality-based comparability payment under section 5304 of title 5 , United States Code, as amended by section 101 of this Act, and shall be considered part of basic pay to the same degree as such a locality-based comparability payment. The Office of Personnel Management may prescribe such regulations as it considers necessary concerning the payment of special pay adjustments to law enforcement officers under this section. The appropriate agency head (as defined in subsection (c)) shall prescribe regulations under which the purposes of sections 403, 404, and 407 shall be carried out with respect to individuals holding positions described in subsection (b). special agent within the Diplomatic Security Service; probation officer (referred to in section 3672 of title 18 , United States Code); or pretrial services officer (referred to in section 3153 of title 18 , United States Code). with respect to any individual under subsection (b)(1), the Secretary of State; or with respect to any individual under subsection (b)(2) or (b)(3), the Director of the Administrative Office of the United States Courts. The total pay of an employee of the Federal Bureau of Investigation assigned to the New York Field Division before the date of September 29, 1993 , in a position covered by the demonstration project conducted under section 601 of the Intelligence Authorization Act for Fiscal Year 1989 ( Public Law 100–453 ) [ 102 Stat. 1911 ] shall not be reduced as a result of the termination of the demonstration project during the period that employee remains employed after that date in a position covered by the demonstration project. Beginning on September 30, 1993 , any periodic payment under section 601(a)(2) of the Intelligence Authorization Act for Fiscal Year 1989 [ Pub. L. 100–453 , 102 Stat. 1911 ] for any such employee shall be reduced by the amount of any increase in basic pay under title 5, United States Code, including the following provisions: an annual adjustment under section 5303, locality-based comparability payment under section 5304, initiation or increase in a special pay rate under section 5305, promotion under section 5334, periodic step increase under section 5335, merit increase under section 5404, or other increase to basic pay under any provision of law.”