Federal Manager's Daily Report

In proposed rules set for publication tomorrow, the Office

of Personnel Management would formally abolish the traditional

method of paying Senior Executive Service members in favor

of a pay band with a strong pay-for-performance element.


The proposed rules from the Office of Personnel Management

would carry out provisions of Public Law 108-136, which

ordered replacing the old six-level SES pay system with an

“open-range” pay band whose minimum works out to be $104,927

this year and whose maximum is determined according to

whether the agency’s performance appraisal system for execs

is certified as making meaningful distinctions based on

performance; the maximum is Executive Schedule Level II (

currently $158,100) if the system is certified and Level III

(currently $145,600) if it is not.


Similar to the requirements for the higher maximum SES salary

under the new regs, under a separate law (P.L. 107-296),

agencies with certification may pay total compensation,

including bonuses, at the Vice President’s salary (currently

$203,000) versus Level I (currently $174,500) without

certification.


However, the rules make it clear that rates of pay higher

than the Level III rate “generally should be reserved for

those senior executives who have demonstrated the highest

levels of individual performance and/or made the greatest

contributions to agency performance, as determined by the

agency through the administration of its applicable

performance appraisal system for senior executives, or,

in the case of newlyappointed senior executives, those

who possess superior leadership or other competencies,

consistent with the agency’s strategic human capital plan.”


The rules effectively will abolish pass-fail type rating

systems and require at least four rating levels. A senior

executive who receives an annual summary rating of

outstanding must be considered for an annual pay increase.

A senior executive who receives a summary performance

rating of less than fully successful may not receive an

increase. Further, agencies could reduce pay for

performance and/or disciplinary reasons by up to 10

percent, about twice the previously allowed reduction, an

action that is appealable only to the agency head or a

designee, whose decision is final.