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

Summary

The Office may allow an agency to give special human capital performance payments to individual employees for outstanding work that helps the agency meet its mission. In any year, no more than 15% of the agency’s average full- and part-time permanent civilian staff from the prior fiscal year may get these payments. Each payment cannot be more than 10% of the employee’s basic pay. Basic pay plus locality pay and these payments cannot go above the Executive Level IV rate. These payments are extra to any annual pay increases and locality pay. Money from the Human Capital Performance Fund cannot be used to create new positions, pay other performance awards, or pay recruitment or retention incentives under sections 5753 and 5754. Agencies may use the Fund to start payments, but must pay continued awards from their regular salary funds in later years.

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