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Extension of Locality Payments to Non-General Schedule Employees

Thursday, December 5, 2002
2002payagent
MEMORANDUM FOR: 
Heads Of Executive Departments And Agencies
From: 
Kay Coles James, Director
Subject: 
Extension of Locality Payments to Non-General Schedule Employees

The President's Pay Agent has decided to extend locality-based comparability payments again in calendar year 2003 to the same Governmentwide and single-agency categories that are receiving these payments in calendar year 2002. Because the President's alternative plan for General Schedule (GS) locality payments in 2003 holds locality rates at the same percentages of basic pay authorized for 2002, the locality pay percentages for the Governmentwide and single-agency categories to which locality payments were extended on December 6, 2001, will be the same as those authorized for these categories of employees in calendar year 2002. As required by current law, these locality payments will remain in effect through the last day of the last pay period commencing during calendar year 2003. Even though the President has decided not to increase the locality pay percentages authorized for 2003, this action is necessary in order to prevent a reduction in the total pay of affected employees.

Locality payments will be extended to the Governmentwide categories with no further action required by any agency. Locality payments will be extended to the single-agency categories without any further action required by any agency unless the head of an Executive agency requests otherwise. This is because the law (5 U.S.C. 5304(h)(2)(A)) provides that locality payments may be extended to single-agency categories of employees only at the request of the head of an Executive agency.

Please notify the Director of the Office of Personnel Management (OPM) at the address shown below by December 16, 2002, if you do not want locality payments extended in 2003 to a single-agency employee category in your agency for which such payments were previously authorized by the Pay Agent. Please note that a decision not to extend comparability payments in 2003 to a category of employees means that those employees would no longer be entitled to any locality payment. All employees in a given locality pay area who receive locality payments in 2003 must receive the same percentage as received by GS employees in that area. (For your convenience, a list of the Governmentwide and single-agency categories that are now receiving locality payments under the Pay Agent's authority is provided in the attachments to this memorandum.)

New requests for extending locality-based comparability payments to single-agency categories of non-GS employees should be submitted by the agency head or his or her designee to the following address by December 16, 2002, to ensure that the extension takes effect on the first day of the first pay period beginning on or after January 1, 2003:

    The Honorable Kay Coles James
    Director
    Office of Personnel Management
    1900 E Street NW.
    Washington, DC 20415-0001

In your request, please include information on--

(1) the legal authority under which the employees are paid,

(2) the types of employees to be paid, and

(3) the number of employees to be paid.

Also, please fax a copy of your request to (202) 606-0824. Please direct questions about the extension of locality-based comparability payments to Brenda Roberts, of OPM's Workforce Compensation and Performance Service, at (202) 606-2858 or email to payleave@opm.gov.

Attachment 1

Locality Pay Extensions

Governmentwide Categories of Non-General Schedule Employees

1. Employees in Senior Executive Service (SES) positions paid under 5 U.S.C. 5382

2. Administrative law judges (ALJs) paid under 5 U.S.C. 5372

3. Administrative appeals judges (AAJs) paid under 5 U.S.C. 5372b

4. Members of Boards of Contract Appeals (BCA) paid under 5 U.S.C. 5372a

5. Senior-level (SL) and scientific or professional (ST) positions paid under 5 U.S.C. 5376

6. Members of the Foreign Service (FS) paid under 22 U.S.C. 3963

7. Members of the Senior Foreign Service (SFS) paid under 22 U.S.C. 3962

Attachment 2

LOCALITY PAY EXTENSIONS

SINGLE-AGENCY CATEGORIES OF NON-GENERAL SCHEDULE EMPLOYEES

Agency Pay Authority
[pay plan code]
Types of Employees
[number of employees [1]]
Original Approval Date
Agency for International Development 22 U.S.C. 2385 [AD] Miscellaneous types of positions [66] Jan. 7, 1994
22 U.S.C. 2386 [EE, EG] Experts and consultants under the Foreign Assistance Act [15] Jan. 7, 1994
5 U.S.C. 3109 [ED, EF] Experts and consultants [15] Jan. 7, 1994
Agriculture 5 CFR 213.3102(l) [EG] Temporary, intermittent, and seasonal employees [1] Feb. 9, 1994
5 U.S.C. 3109 [ED, EF] Experts and consultants [3] Feb. 9, 1994
American Battle Monuments Commission 36 U.S.C. 121 [AD] Secretary of the American Battle Monuments Commission [1] Nov. 25, 1996
Commerce 35 U.S.C. 3(c) [AD] Examiners-in-chief on the Board of Patent Appeals and Interferences [8] Jan. 4, 1994
35 U.S.C. 3(e) [AD] Attorney examiners (trademark) on the Trademark Trial & Appeal Board [48] Jan. 4, 1994
Corporation for National and Community Service 42 U.S.C. 12651f(b)(1) [NX] Senior level equivalent employees in pay band NX-2 of CNS alternative personnel system [9] June 15, 1995
Defense 10 U.S.C. 1595 [AD] National Defense University Directors, Deans, and Professors [72] Jan. 3, 1997
10 U.S.C. 4021 [AD] United States Army Command and General Staff College Civilian Staff and Faculty [5] Jan. 3, 1997
10 U.S.C. 4331 and 4338 [AD] United States Army Military Academy Civilian Staff and Faculty [97] Jan. 3, 1997
10 U.S.C. 6952 [AD] United States Naval Academy Civilian Faculty [322] Jan. 3, 1997
10 U.S.C. 7043 [AD] Naval Postgraduate School Academic Dean [1] Jan. 3, 1997
10 U.S.C. 7044 [AD] Naval Postgraduate School Civilian Faculty [322] Jan. 3, 1997
10 U.S.C. 7478 [AD] Naval War College Faculty [52] Jan. 3, 1997
10 U.S.C. 7478 [AD] United States Marine Corps Command and Staff College Civilian Faculty [14] Jan. 3, 1997
10 U.S.C. 9021 [AD] Air University Civilian Faculty [30] Jan. 3, 1997
10 U.S.C. 9314 [AD] Air Force Institute of Technology Civilian Faculty [114] Jan. 3, 1997
10 U.S.C. 9338 [AD] United States Air Force Academy Civilian Faculty [77] Jan. 3, 1997
10 U.S.C. 1746 [AD] Defense Acquisition University Faculty [305] April 12, 2000
Sec. 1101 of PL 105-261 Defense Advanced Research Projects Agency (DARPA) Experimental Personnel Management Program [20] July 28, 2000
Defense Nuclear Facilities Safety Board Section 161d of the Atomic Energy Act of 1954 (Public Law 101-510) [DN] Professional scientific and technical personnel [59] Dec. 30, 1996
Energy 42 U.S.C. 7231(d) [EJ] Scientific, engineering, professional, and administrative employees [200] Dec. 30, 1994
P.L. 103-337 [EK] Scientific, engineering, and technical employees [200] Dec. 30, 1994
P.L. 92-463 [EI] Miscellaneous types of positions [14] Dec. 30, 1994
5 U.S.C. 3109 & 42 U.S.C. 7233 [ED, EF] Experts and consultants [105] Dec. 30, 1994
Education 20 U.S.C. 9011 [AD] Executive Director of the National Assessment Governing Board [1] June 26, 2002
Environmental Protection Agency P.L. 95-190 [AD] Miscellaneous types of positions [19] Jan. 4, 1994
Export-Import Bank P.L. 102-583 [AD] Miscellaneous types of positions [35] Jan. 24, 1994
General Services Administration 5 U.S.C. 3109 [ED, EF ] Experts and consultants [10] June 7, 1999
Interior Title 4 of D.C. Code [SP] United States Park Police [620]

(Note: Under section 4-416(c)(3) of the D.C. Code, United States Park Police are entitled to locality pay under 5 U.S.C. 5304 by law, not by administrative action. However, locality payments are frozen at calendar year 2000 levels under section 902(b) of Public Law 106-554, December 21, 2000. Public Law 106-554, which took effect on July 1, 2001, provided for significant basic pay increases as part of a conversion to a new pay system.)
Aug. 10, 1998
Justice 5 U.S.C. 3151 [ES] Members of the FBI and DEA SES [232] Jan. 4, 1994
Section 371(a) of Public Law 104-208 and 8 U.S.C. 1101(b)(4) [IJ] Immigration judges [200]

(Note: Immigration judges are entitled to locality pay under 5 U.S.C. 5304 by law, not by administrative action. See section 371(c)(2)(B) of Public Law 104-208, September 30, 1996.)
Dec. 29, 1996
Labor P.L. 103-227 [AD] Executive Director and other staff members of the National Skills Standards Board [6] Apr. 22, 1996
National Archives 44 U.S.C. 2102 Note [AD] Director of the Center for Legislative Archives [1] July 15, 1994
44 U.S.C. 2503(a) [AD] Executive Director, National Historical Publications and Records Commission [1] July 15, 1994
National Science Foundation 42 U.S.C. 1873(a)(1) [AD, EE, EG] Professional and technical employees, experts and consultants [264] Jan. 4, 1994
5 U.S.C. 3109 [ED, EF] Experts and consultants [1] Mar. 22, 1994
Nuclear Regulatory Commission Atomic Energy Act of 1954 & Energy Reorganization Act of 1974 [SN, AJ] Senior Level employees [41] and Administrative Judges [12] Jan. 4, 1994
Office of Personnel Management 5 U.S.C. 3109 [EF, ED, EH] Experts and consultants [2] Jan. 7, 1994
Overseas Private Investment Corporation Section 233(d) of the Foreign Assistance Act of 1961 [AD] Miscellaneous types of positions [20] Jan. 31, 1996
Peace Corps 22 U.S.C. 2506(a)(2) [AD] Miscellaneous types of positions [83] Jan. 7, 1994
5 U.S.C. 3109 [EE] Experts and consultants [34] Jan. 7, 1994
Securities and Exchange Commission Section 203 of the Securities Litigation Uniform Standards Act of 1998 [EZ] Economists [15] Dec. 23, 1998
Small Business Administration P.L. 96-382 [AD] Miscellaneous types of positions [34] Jan. 4, 1994
5 U.S.C. 3109 [ED, EF] Experts and consultants [1] Dec. 30, 1994
Smithsonian 5 U.S.C. 5375 Members of the police force of the National Zoological Park [13] Jan. 7, 1994
Social Security Administration 42 U.S.C. 903(i) [AD] Staff Director of the Social Security Advisory Board [1] Feb. 20, 1998
State 22 U.S.C. 1474(l) [GG] Non-U.S. citizen employees [307] Jan. 4, 1994
22 U.S.C. 4204 [GG] Employees at the National Foreign Affairs Training Center [350] Jan. 7, 1994
22 U.S.C. 287 [GG] Employees at the U.S. Mission to the United Nations [58] Jan. 7, 1994
22 U.S.C. 287 [AD] Miscellaneous types of positions [12] Jan. 7, 1994
5 U.S.C. 3109 [ED, EF] Experts and consultants [50] Jan. 7, 1994
Treasury 5 U.S.C. 5378 [TR] Members of the police forces in the Bureau of Engraving and Printing and Bureau of the Mint [377] Jan. 31, 1994
Title 4 of the D.C. code [LE] Uniformed Division of the U.S. Secret Service [1095]

(Note: Under section 4-416(c)(3) of the D.C. Code, United States Secret Service Uniformed Division officers are entitled to locality pay under 5 U.S.C. 5304 by law, not by administrative action. However, locality payments are frozen at calendar year 2000 levels under section 902(b) of Public Law 106-554, December 21, 2000. Public Law 106-554, which took effect on July 1, 2001, provided for significant basic pay increases as part of a conversion to a new pay system.)
Jan. 31, 1994
U.S. Trade and Development Agency Section 661(c)(2)(C) of the Foreign Assistance Act of 1961 [AD] Miscellaneous types of positions [2] Dec. 9, 1998
Veterans Affairs 38 U.S.C. 7404(b)(1) [VN] Physician assistants, optometrists, podiatrists, and expanded-function dental auxiliaries [1,139] Jan 4, 1994
38 U.S.C. 7405(b)(2) [AD] Medical support personnel, trainees, and students [631] Jan 4, 1994
38 U.S.C. 7404(a) [SR] Non-physician, non-dentist, and non-nurse employees [4] April 5, 1994
38 U.S.C. 7101A [AL] Members of the Board of Veteran's Appeals [53] Dec 30, 1994

[1] Number of employees as of the original approval date.