§5404 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Office can allow an agency to give special human capital performance payments to individual employees for exceptional work that helps the agency meet its goals. In any year, no more than 15 percent of the agency’s average civilian full- and part-time permanent staff from the previous fiscal year may get these payments. Each payment may not exceed 10 percent of the employee’s basic pay, and the sum of basic pay (with locality pay) plus the performance payment cannot go above the Executive Level IV pay rate. These payments are extra to regular annual pay increases and locality pay. Money from the Human Capital Performance Fund cannot be used to create new jobs, pay other performance awards, or pay recruitment or retention incentives. An agency may use the Fund to start these payments, but after the first year the agency must pay continued awards from its normal salary funds.

Title 5, §5404

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)Notwithstanding any other provision of law, the Office may authorize an agency to provide human capital performance payments to individual employees based on exceptional performance contributing to the achievement of the agency mission.

(2)The number of employees in an agency receiving payments from the Fund, in any year, shall not be more than the number equal to 15 percent of the agency’s average total civilian full- and part-time permanent employment for the previous fiscal year.

(b)(1)A human capital performance payment provided to an individual employee from the Fund, in any year, shall not exceed 10 percent of the employee’s rate of basic pay.

(2)The aggregate of an employee’s rate of basic pay, adjusted by any locality-based comparability payments, and human capital performance pay, as defined by regulation, may not exceed the rate of basic pay for Executive Level IV in any year.

(3)Any human capital performance payment provided to an employee from the Fund is in addition to any annual pay adjustment (under section 5303 or any similar provision of law) and any locality-based comparability payment that may apply.

(c)No monies from the Human Capital Performance Fund may be used to pay for a new position, for other performance-related payments, or for recruitment or retention incentives paid under section 5753 and 5754.

(d)(1)An agency may finance initial human capital performance payments using monies from the Human Capital Performance Fund, as available.

(2)In subsequent years, continuation of previously awarded human capital performance payments shall be financed from other agency funds available for salaries and expenses.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Level IV, referred to in subsec. (b)(2), is set out in section 5315 of this title.

Prior Provisions

A prior section 5404, added Pub. L. 95–454, title V, § 501, Oct. 13, 1978, 92 Stat. 1183; amended Pub. L. 98–615, title II, § 201(a), Nov. 8, 1984, 98 Stat. 3210; Pub. L. 101–103, § 3(a), Sept. 30, 1989, 103 Stat. 670, related to merit increases, prior to repeal by Pub. L. 103–89, § 3(a)(1), (c), Sept. 30, 1993, 107 Stat. 981, 983, eff. Nov. 1, 1993.

§5404 Human capital performance payments