Federal Manager's Daily Report

The Office of Personnel Management has proposed

regulations to provide agencies with the authority to

increase the rates of basic pay of certain members of the

Senior Executive Service whose pay was set before the

agency’s senior executive performance appraisal system

was certified for the calendar year involved as making

meaningful distinctions of performance.

The proposed regulations would allow an agency to review

the rates of basic pay set for these SES members, which

was capped at the rate for level III of the Executive

Schedule, and provide an additional pay increase, if

warranted, up to the rate for level II of the Executive

Schedule upon certification of the agency’s senior

executive performance appraisal system for the current

calendar year.

An agency’s senior executive performance appraisal

system must be certified on a calendar year basis. The

maximum rate of the SES rate range may not exceed the

rate for level III of the Executive Schedule unless

the agency’s senior executive performance appraisal

system is certified. Since many agencies’ senior

executive performance appraisal systems are not

certified at the beginning of a calendar year, there

is a gap from the time an agency may set SES pay

above the rate for level III (in the previous calendar

year) until the time an agency may again set SES pay

above the rate for level III upon certification of

its senior executive performance appraisal system

(in the next calendar year).

According to an OPM memo to agencies, this “certification

gap” limits agencies from setting or adjusting pay

above the rate for level III of the Executive Schedule

in situations where a higher rate may be warranted–to

recruit individuals with superior leadership skills

into the SES, to reassign current SES members into

positions with substantially greater responsibility,

or to retain an SES member who is critical to the

mission of the agency. OPM’s proposed regulations

would allow an agency that obtains certification of

its senior executive performance appraisal system(s)

to review the rates of pay they set earlier in the

calendar year and provide an additional pay increase,

if warranted, up to the rate for level II of the

Executive Schedule. The proposed regs are in the

March 3 Federal Register.