Title 5Government Organization and EmployeesRelease 119-73

§10105 Retention bonuses

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart I— - Miscellaneous › Chapter CHAPTER 101— - FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL › § 10105

Last updated Apr 6, 2026|Official source

Summary

The agency head can give a one-time retention bonus to an employee when the person has very special skills or the agency really needs their work, and the agency leader thinks the person would likely leave federal service or move to a different federal job without the bonus. The employee must sign a written agreement saying how long they will stay in return for the bonus and what happens if they leave early. The bonus can be up to 25 percent of the job’s annual basic pay, paid in one lump sum, and it is not part of basic pay. The bonus cannot cover the same time already covered by a recruitment bonus. It also cannot be paid to Presidential appointees confirmed by the Senate, certain noncareer Senior Executive Service appointees, or jobs excepted from competitive hiring for confidential or policy-making reasons. Once the agency finishes its strategic human capital plan, bonuses must follow that plan. The authority to give these bonuses ends 5 years after the law was passed. For the first 5 years, the Office of Personnel Management must send yearly reports to Congress showing how the bonuses were used, how many and how much by pay grade, and whether the bonuses met their purpose.

Full Legal Text

Title 5, §10105

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Administrator may pay, on a case-by-case basis, a bonus under this section to an employee of the Agency if—
(1)the unusually high or unique qualifications of the employee or a special need of the Agency for the employee’s services makes it essential to retain the employee; and
(2)the Administrator determines that, in the absence of such a bonus, the employee would be likely to leave—
(A)the Federal service; or
(B)for a different position in the Federal service.
(b)Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Agency to complete a period of service with the Agency. Such agreement shall include—
(1)the period of service the individual shall be required to complete in return for the bonus; and
(2)the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
(c)(1)The amount of a bonus under this section shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position involved.
(2)A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay.
(d)A bonus under this section—
(1)may not be based on any period of service which is the basis for a recruitment bonus under section 10104;
(2)may not be paid to an individual who is appointed to or holds—
(A)a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;
(B)a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or
(C)a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; and
(3)upon completion of the strategic human capital plan, shall be paid in accordance with that plan.
(e)The authority to grant bonuses under this section shall expire 5 years after the date of enactment of this chapter.
(f)(1)The Office of Personnel Management shall submit to the appropriate committees of Congress, annually for each of the first 5 years during which this section is in effect, a report on the operation of this section.
(2)Each report submitted under this subsection shall include, with respect to the period covered by such report, a description of how the authority to pay bonuses under this section was used by the Agency, including, with respect to each such agency—
(A)the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and
(B)a determination of the extent to which such bonuses furthered the purposes of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of this chapter, referred to in subsec. (e), is the date of enactment of Pub. L. 109–295, which was approved Oct. 4, 2006.

Reference

Citations & Metadata

Citation

5 U.S.C. § 10105

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73