§5759 — Title 5 Government Organization and Employees | U.S. Code

Summary

After talking with the head of the Office of Personnel Management, the FBI Director can give a special bonus to an FBI employee in certain cases. The bonus can be used to keep someone who has rare skills or is especially needed and who would likely leave the federal government or move to another federal job without the bonus. It can also be paid when an employee who must move under a mobility agreement is sent to a different area that lacks critical skills. The employee must sign a written agreement saying how long they will stay and what happens if they leave early, including when they must pay the bonus back. The bonus cannot be more than 50 percent of the employee’s yearly basic pay. It can be paid all at once or in parts tied to finishing the service time. The bonus does not count as part of the employee’s regular salary.

Title 5, §5759

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if—

(1)(A)the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee’s services makes it essential to retain the employee; and

(B)the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave—

(i)the Federal service; or

(ii)for a different position in the Federal service; or

(2)the individual is subject to a mobility agreement and is transferred to a position in a different geographical area in which there is a shortage of critical skills (as determined by the Director of the Federal Bureau of Investigation).

(b)Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include—

(1)the period of service the individual shall be required to complete in return for the bonus; and

(2)the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination, including requirements for a bonus recipient’s repayment of a bonus in circumstances determined by the Director of the Federal Bureau of Investigation.

(c)A bonus paid under this section may not exceed 50 percent of the employee’s annual rate of basic pay. The bonus may be paid in a lump sum or installments linked to completion of periods of service.

(d)A bonus paid under this section is not part of the basic pay of an employee for any purpose.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (a)(2). Pub. L. 111–259, § 443(1), substituted “is subject to a mobility agreement and is transferred to a position in a different geographical area in which there is a shortage of critical skills” for “is transferred to a different geographic area with a higher cost of living”. Subsec. (b)(2). Pub. L. 111–259, § 443(2), substituted “, including requirements for a bonus recipient’s repayment of a bonus in circumstances determined by the Director of the Federal Bureau of Investigation.” for the period. Subsec. (c). Pub. L. 111–259, § 443(3), substituted “annual rate of basic pay. The bonus may be paid in a lump sum or installments linked to completion of periods of service.” for “basic pay.” Subsec. (d). Pub. L. 111–259, § 443(4), substituted “bonus paid under this section” for “retention bonus”. 2009—Subsec. (e). Pub. L. 111–117 struck out subsec. (e). Text read as follows: “The authority to grant bonuses under this section shall cease to be available after December 31, 2009.”

§5759 Retention and Relocation Bonuses for the Federal Bureau of Investigation

Summary

Title 5, §5759

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata