Title 5Government Organization and EmployeesRelease 119-73

§9805 Retention bonuses

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart I— - Miscellaneous › Chapter CHAPTER 98— - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION › § 9805

Last updated Apr 6, 2026|Official source

Summary

The Administrator can pay a retention bonus to keep an employee who has unusually strong skills or fills a special need and who would likely leave without the bonus. The bonus must follow the agency’s workforce plan and these limits: if the job is listed as a critical need in the workforce plan, the bonus can be up to 50% of the employee’s yearly basic pay (including comparability pay under sections 5304 and 5304a). If the job is not listed as a critical need, the bonus can be up to 25% of yearly basic pay (excluding those comparability payments). A retention bonus usually requires a service agreement that states the service period, how and when the bonus will be paid, the amount and how it was figured, and what happens if the agreement ends early. The service time must be between 6 months and 4 years and is written in years and twelfths, rounding months to the nearest twelfth of a year. No service agreement is needed if the full bonus is paid in biweekly paychecks with no deferral. The bonus is not part of basic pay. An employee cannot get a bonus while already serving under a prior service period set under sections 5753 or 9804. No more than 25% of the total bonuses in a year may go to supervisors or managers.

Full Legal Text

Title 5, §9805

Government Organization and Employees — Source: USLM XML via OLRC

(a)Notwithstanding section 5754, the Administrator may pay a bonus to an employee, in accordance with the workforce plan and subject to the limitations in this section, if the Administrator determines that—
(1)the unusually high or unique qualifications of the employee or a special need of the Administration for the employee’s services makes it essential to retain the employee; and
(2)the employee would be likely to leave in the absence of a retention bonus.
(b)If the position is described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 50 percent of the employee’s annual rate of basic pay (including comparability payments under section 5304 and 5304a).
(c)If the position is not described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 25 percent of the employee’s annual rate of basic pay (excluding comparability payments under section 5304 and 5304a).
(d)(1)(A)Payment of a bonus under this section shall be contingent upon the employee entering into a service agreement with the Administration.
(B)At a minimum, the service agreement shall include—
(i)the required service period;
(ii)the method of payment, including a payment schedule, which may include a lump-sum payment, installment payments, or a combination thereof;
(iii)the amount of the bonus and the basis for calculating the amount; and
(iv)the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
(2)The employee’s service period shall be expressed as the number equal to the full years and twelfth parts thereof, rounding the fractional part of a month to the nearest twelfth part of a year. The service period may not be less than 6 months and may not exceed 4 years.
(3)Notwithstanding paragraph (1), a service agreement is not required if the Administration pays a bonus in biweekly installments and sets the installment payment at the full bonus percentage rate established for the employee, with no portion of the bonus deferred. In this case, the Administration shall inform the employee in writing of any decision to change the retention bonus payments. The employee shall continue to accrue entitlement to the retention bonus through the end of the pay period in which such written notice is provided.
(e)A bonus under this section may not be considered to be part of the basic pay of an employee.
(f)An employee is not entitled to a retention bonus under this section during a service period previously established for that employee under section 5753 or under section 9804.
(g)No more than 25 percent of the total amount in bonuses awarded under subsection (a) in any year may be awarded to supervisors or management officials.

Reference

Citations & Metadata

Citation

5 U.S.C. § 9805

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73