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Extension of Locality Payments to Non-General Schedule Employees

Tuesday, December 5, 2000
MEMORANDUM FOR: 
Heads Of Executive Departments And Agencies
From: 
Janice R. Lachance Director
Subject: 
Extension of Locality Payments to Non-General Schedule Employees

On December 7, 1999, the President's Pay Agent extended locality-based comparability payments to certain categories of non-General Schedule employees. As required by law, the 2000 locality payments that were extended to these employees will remain in effect through the last day of the last pay period commencing during calendar year 2000. The President's Pay Agent has decided to extend the 2001 locality-based comparability payments again to the same Governmentwide and single-agency categories that were authorized to receive the 2000 locality payments.

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 (at the address shown later in this memorandum) by December 15, 2000, if you do not want the 2001 locality payments extended 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 the 2001 comparability payments to a category of employees means that those employees would no longer be entitled to any locality payment. The law does not permit the Pay Agent to deny only that portion of the locality payment attributable to the 2001 increase in locality pay. All employees in a given locality pay area who receive locality payments must receive the same percentage as received by General Schedule employees in that area in 2001. (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-General Schedule employees should be submitted by the agency head or his or her designee to the following address by December 15, 2000, to ensure that the extension takes effect on the first day of the first pay period beginning on or after January 1, 2001:

Janice R. Lachance
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.

For the President's Pay Agent:

Janice R. Lachance, Director

Office of Personnel Management

Attachments:

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

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

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

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

LOCALITY PAY EXTENSIONS SINGLE-AGENCY CATEGORIES OF NON-GENERAL SCHEDULE EMPLOYEES

 


Agency

Pay Authority

[pay plan code]

Types of Employees

[number of employees]

Original

Approval

Date

Agency for International Development

22 U.S.C. 2385 [AD]

22 U.S.C. 2386 [EE, EG]

5 U.S.C. 3109 [ED, EF]

Miscellaneous types of positions [66]

Experts and consultants under the Foreign Assistance Act [15]

Experts and consultants [15]

Jan. 7, 1994

Jan. 7, 1994

Jan. 7, 1994

Agriculture

5 CFR 213.3102(l) [EG]

5 U.S.C. 3109 [ED, EF]

Temporary, intermittent, and seasonal employees [1]

Experts and consultants [3]

Feb. 9, 1994

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]

35 U.S.C. 3(e) [AD]

Examiners-in-chief on the Board of Patent Appeals

and Interferences [8]

Attorney examiners (trademark) on the Trademark Trial & Appeal Board [48]

Jan. 4, 1994

Jan. 4, 1994

Corporation for National 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]

10 U.S.C. 4021 [AD]

10 U.S.C. 4331 and 4338 [AD]

10 U.S.C. 6952 [AD]

10 U.S.C. 7043 [AD]

10 U.S.C. 7044 [AD]

10 U.S.C. 7478 [AD]

10 U.S.C. 7478 [AD]

10 U.S.C. 9021 [AD]

10 U.S.C. 9314 [AD]

10 U.S.C. 9338 [AD]

10 U.S.C. 1746 [AD]

Sec. 1101 of PL 105-261

National Defense University Directors, Deans, and Professors [72]

United States Army Command and General Staff College Civilian Staff and Faculty [5]

United States Army Military Academy Civilian Staff and Faculty [97]

United States Naval Academy Civilian Faculty [322]

Naval Postgraduate School Academic Dean [1]

Naval Postgraduate School Civilian Faculty [322]

Naval War College Faculty [52]

United States Marine Corps Command and Staff College Civilian Faculty [14]

Air University Civilian Faculty [30]

Air Force Institute of Technology Civilian Faculty [114]

United States Air Force Academy Civilian Faculty [77]

Defense Acquisition University Faculty [305]

Defense Advanced Research Projects Agency (DARPA) Experimental Personnel Management Program [20]

Jan. 3, 1997

Jan. 3, 1997

Jan. 3, 1997

Jan. 3, 1997

Jan. 3, 1997

Jan. 3, 1997

Jan. 3, 1997

Jan. 3, 1997

Jan. 3, 1997

Jan. 3, 1997

Jan. 3, 1997

April 12, 2000

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]

P.L. 103-337 [EK]

P.L. 92-463 [EI]

5 U.S.C. 3109 & 42 U.S.C. 7233 [ED, EF]

Scientific, engineering, professional, and administrative employees [200]

Scientific, engineering, and technical employees [200]

Miscellaneous types of positions [14]

Experts and consultants [105]

Dec. 30, 1994

Dec. 30, 1994

Dec. 30, 1994

Dec. 30, 1994

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 Adminstration

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]

Aug. 10, 1998

Justice

5 U.S.C. 3151 [ES]

Section 371(a) of Public Law 104-208 and 8 U.S.C. 1101(b)(4) [IJ]

Members of the FBI and DEA SES [232]

Immigration judges [200]

(Note: Immigration judges are entitled to locality pay under 5 U.S.C. 5304 by law, not by administrative extension. See section 371(c)(2)(B) of Public Law 104-208, September 30, 1996.)

Jan. 4, 1994

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]

44 U.S.C. 2503(a) [AD]

Director of the Center for Legislative Archives [1]

Executive Director, National Historical Publications and Records Commission [1]

July 15, 1994

July 15, 1994

National Science Foundation

42 U.S.C. 1873(a)(1) [AD, EE, EG]

5 U.S.C. 3109 [ED, EF]

Professional and technical employees, experts and consultants [264]

Experts and consultants [1]

Jan. 4, 1994

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 Independent Counsel (Arlin M. Adams/ Larry D. Thompson)

28 U.S.C. 594(c) [no OPM pay plan]

 

Miscellaneous types of positions [28]

Mar. 7, 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]

5 U.S.C. 3109 [EE]

Miscellaneous types of positions [83]

Experts and consultants [34]

Jan. 7, 1994

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]

5 U.S.C. 3109 [ED, EF]

Miscellaneous types of positions [34]

Experts and consultants [1]

Jan. 4, 1994

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]

22 U.S.C. 4204 [GG]

22 U.S.C. 287 [GG]

22 U.S.C. 287 [AD]

5 U.S.C. 3109 [ED, EF]

Non-U.S. citizen employees [307]

Employees at the National Foreign Affairs Training Center [350]

Employees at the U.S. Mission to the United Nations [58]

Miscellaneous types of positions [12]

Experts and consultants [50]

Jan. 4, 1994

Jan. 7, 1994

Jan. 7, 1994

Jan. 7, 1994

Jan. 7, 1994

Treasury

5 U.S.C. 5378 [TR]

Title 4 of the D.C. code [LE]

Members of the police forces in the Bureau of Engraving and Printing and Bureau of the Mint [377]

Uniformed Division of the U.S. Secret Service [1095]

(Note: Uniformed Division officers are entitled to locality pay under 5 U.S.C. 5304 by law, not by administrative extension. See section 4-416(c)(3) of the D.C. Code, as amended by section 118 of Public Law 105-61, October 10, 1997.)

Jan. 31, 1994

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]

38 U.S.C. 7405(b)(2) [AD]

38 U.S.C. 7404(a) [SR]

38 U.S.C. 7101A [AL]

Physician assistants, optometrists, podiatrists, and expanded-function dental auxiliaries [1,139]

Medical support personnel, trainees, and students [631]

Non-physician, non-dentist, and non-nurse employees [4]

Members of the Board of Veteran's Appeals [53]

Jan. 4, 1994

Jan. 4, 1994

April 5, 1994

Dec. 30, 1994