Title 5, Government Organization and EmployeesRelease 119-102

§5755 Supervisory Differentials

Title 5 › PART III — EMPLOYEES › Subpart D — Pay and Allowances › CHAPTER 57 — TRAVEL, TRANSPORTATION, AND SUBSISTENCE › SUBCHAPTER IV — MISCELLANEOUS PROVISIONS › § 5755

Last updated Aug 21, 2026|Official source

Summary

The Office of Personnel Management (OPM) can let an agency pay a supervisory differential to a General Schedule (GS) employee who supervises one or more workers who are not on the GS if one or more of those workers would be paid more than the supervisor without the differential. When comparing pay, extra payments like comparability pay under section 5304, other differentials, and non-basic allowances can be counted if OPM’s rules allow it. The differential can be a percent of the supervisor’s basic pay (not counting section 5304 comparability pay) or a set dollar amount. It cannot raise the supervisor’s pay to more than 3 percent above the highest-paid subordinate. The differential is not part of basic pay, cannot be appealed if cut or stopped, but that does not remove rights under subchapter II of chapter 12 or the laws mentioned in section 2302(d). The differential must be paid at the same time and in the same way the basic pay is paid. “Agency” and “employee” mean what section 5102 says. “Employee under the General Schedule” means a position covered by subchapter III of chapter 53. OPM will make any rules needed to run this program.

Full Legal Text

Title 5, §5755

Government Organization and Employees, Source: USLM XML via OLRC

(a)(1)The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee.
(2)For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office.
(b)(1)A supervisory differential, which shall be stated as a percentage of the supervisory employee’s rate of basic pay (excluding any comparability payments under section 5304) or as a dollar amount, may not cause the supervisory employee’s pay to exceed the pay of the highest paid subordinate employee by more than 3 percent.
(2)A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d).
(3)A supervisory differential shall be paid in the same manner and at the same time as the employee’s basic pay is paid.
(c)For the purpose of this section—
(1)the terms “agency” and “employee” have the meanings given them by section 5102; and
(2)any reference to “an employee under the General Schedule” shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies.
(d)The Office shall prescribe such regulations as it considers necessary for the administration of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The General Schedule, referred to in subsecs. (a)(1), (2) and (c)(2), is set out under section 5332 of this title.

Amendments

2017—Subsec. (b)(2). Pub. L. 115–91 substituted “section 2302(d)” for “section 2302(c)”. Pub. L. 115–73 substituted “section 2302(c)” for “section 2302(d)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as an

Effective Date

of 1990 Amendment note under section 5301 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 5755

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102