§5383 — Title 5 Government Organization and Employees | U.S. Code

Summary

Agencies must pick each senior executive’s pay from the range set under section 5382 and must follow rules from the Office of Personnel Management (OPM) when doing so. Senior Executive Service members are also subject to the pay limit in section 5307. Except where OPM rules under section 5385 say otherwise, an executive’s basic pay can be changed at most once in any 12‑month period. A career appointee’s pay can be cut only after they get written notice at least 15 days before the cut. If someone with at least 5 years of continuous competitive service is made a career appointee or has their job converted to a career reserved Senior Executive Service position, their starting pay after that change cannot be lower than the basic pay they were receiving just before the appointment or conversion.

Title 5, §5383

Government Organization and Employees — Source: USLM XML via OLRC

(a)Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates within a range established under section 5382 shall be paid to each senior executive under such appointing authority.

(b)Members of the Senior Executive Service shall be subject to the limitation under section 5307.

(c)Except as provided in regulations prescribed by the Office under section 5385, the rate of basic pay for any senior executive may not be adjusted more than once during any 12-month period.

(d)The rate of basic pay for any career appointee may be reduced from any rate of basic pay to any lower rate of basic pay only if the career appointee receives a written notice of the reduction at least 15 days in advance of the reduction.

(e)(1)This subsection applies to—

(A)any individual who, after serving at least 5 years of current continuous service in 1 or more positions in the competitive service, is appointed, without any break in service, as a career appointee; and

(B)any individual who—

(i)holds a position which is converted from the competitive service to a career reserved position in the Senior Executive Service; and

(ii)as of the conversion date, has at least 5 years of current continuous service in 1 or more positions in the competitive service.

(2)(A)The initial rate of pay for a career appointee who is appointed under the circumstances described in paragraph (1)(A) may not be less than the rate of basic pay last payable to that individual immediately before being so appointed.

(B)The initial rate of pay for a career appointee following the position’s conversion (as described in paragraph (1)(B)) may not be less than the rate of basic pay last payable to that individual immediately before such position’s conversion.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2003—Subsec. (a). Pub. L. 108–136, § 1125(a)(3)(A), substituted “which of the rates within a range established under section 5382” for “which of the rates established under section 5382 of this title”. Subsec. (c). Pub. L. 108–136, § 1125(a)(3)(B), substituted “as provided in

Regulations

prescribed by the Office under section 5385” for “for any pay adjustment under section 5382 of this title”. 1992—Subsec. (b). Pub. L. 102–378 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “(1) In no event may the aggregate amount paid to a senior executive during any fiscal year under section 4507, 5382, 5384, and 5948 of this title exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such fiscal year. “(2)(A) Any amount which is not paid to a senior executive during a fiscal year because of the limitation under paragraph (1) of this subsection shall be paid to that individual in a lump sum at the beginning of the following fiscal year. “(B) Any amount paid under this paragraph during a fiscal year shall be taken into account for purposes of applying the limitation under paragraph (1) of this subsection with respect to such fiscal year. “(C) The Office of Personnel Management shall prescribe

Regulations

, consistent with section 5582 of this title, under which payment under this paragraph shall be made in the case of any individual whose death precludes payment under subparagraph (A) of this paragraph.” 1991—Subsec. (e). Pub. L. 102–175 added subsec. (e). 1990—Subsec. (b)(1). Pub. L. 101–509, which directed that “5304(j),” be struck out after the reference to section 4507, could not be executed because “5304(j),” does not appear in text. 1984—Subsec. (b). Pub. L. 98–615 designated existing provisions as par. (1) and added par. (2). 1979—Subsec. (b). Pub. L. 96–166 inserted reference to section 5948.

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–136 effective on first day of first pay period beginning on or after Jan. 1, 2004, but not to result in reduction in rate of basic pay for any senior executive during first year after

Effective Date

, see section 1125(c) of Pub. L. 108–136, set out as a note under section 5304 of this title.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–615 effective following expiration of 90-day period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title.

Effective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as a note under section 3131 of this title. Senior Executive Service; Maximum Aggregate Amount Payable, Etc.; Report Pub. L. 98–168, title III, § 301(a), Nov. 29, 1983, 97 Stat. 1112, required Office of Personnel Management to study and, within 12 months after Nov. 29, 1983, submit to each House of Congress a report on effect which 5 U.S.C. 5383(b) (relating to maximum aggregate amount payable to a member of Senior Executive Service in a fiscal year) has had with respect to recruitment, retention, and morale of career appointees in Senior Executive Service.

§5383 Setting individual senior executive pay

Summary

Title 5, §5383

Notes & Related Subsidiaries

Editorial Notes

Amendments

Regulations

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata