2026-07996Proposed RuleWallet

Government Eyes Higher Pay for Super Important Jobs

Published Date: 4/24/2026

Proposed Rule

Summary

The Office of Personnel Management wants to update rules about special pay for super important government jobs. They’re setting a clear top pay limit but allowing higher pay with approval, cutting confusing rules, and making it easier to manage pay changes without drama. If you work in or manage these critical roles, keep an eye out—comments are open until May 26, 2026, and these changes could affect your paycheck and job rules.

Analyzed Economic Effects

5 provisions identified: 2 benefits, 2 costs, 1 mixed.

Service Agreements and No Appeal Rights

If you accept critical position pay, your agency may require you to sign a written service agreement describing duties, performance expectations, and factors for continued pay. You will have no right to grieve or appeal a later reduction, non-increase, or termination of the critical pay rate if you were informed the rate was time-limited and subject to annual review.

Set EX‑I as Default Maximum

If you work in a federal critical position, agencies may by default set your critical pay up to the rate for level I of the Executive Schedule (EX‑I). Pay above EX‑I can still be approved, but only with written approval from the Director of the Office of Personnel Management (OPM). The law limits critical pay to no more than 800 positions Governmentwide and no more than 30 positions under the Executive Schedule.

Clarifies Pay‑Administration Treatment

OPM clarifies that a critical pay rate is not treated as a General Schedule (GS) rate of basic pay for GS pay-administration rules, although a former critical pay rate can be used in limited circumstances to set a GS step rate as allowed by Sec. 531.221(a)(4). This affects how GS employees in critical pay positions are treated for promotion and pay-setting rules.

Fewer Approval Hurdles for Higher Pay

The rule removes regulatory requirements like ‘‘rare’’ and ‘‘exceptional’’ circumstance tests and ends the need for case-by-case Presidential approval for pay above EX‑I, placing written approval authority with the Director of OPM. OPM also removes a procedural requirement that multi-position requests be listed in priority order and streamlines documentation to focus on market-based justification and recruitment needs.

Potential Government Cost Increase Estimate

OPM estimates an illustrative scenario where up to about 400 positions (half of the 800 statutory cap) approved above EX‑I with average increases of $50,000 to $100,000 per position could raise annual costs by roughly $20 million to $40 million. OPM labels these effects as transfers and does not predict actual outcomes.

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Key Dates

Published Date
Comments Due
4/24/2026
5/26/2026

Department and Agencies

Department
Independent Agency
Agency
Personnel Management Office
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