Pay Setting in the SBRS
Initial Pay Setting
Individual salary determined within this range, by the Director, NIH.
| From - General Schedule | To - Executive Level |
|---|---|
GS-15 ($98,156 - 2009 General Schedule, without locality rates) |
EX-I (EX-I, currently $196,700) Note: Pay in excess of EX-II (currently $177,000) must be approved by the Secretary -- Unless current compensation already meets or exceeds this amount in which case the Director, NIH may approve. |
Notes For Retired Commissioned Officers (COs):
- COs approved for retirement & subsequent SBRS appointment will receive their full annuity in addition to their SBRS salary.
The following factors should be considered and addressed when ICs recommend initial pay levels for scientists proposed for SBRS membership:
- Impact on the scientific field
- Recognition within the scientific community
- Originality of ideas/work products
- Range and/or extent of technical considerations
- Potential impact of scientific findings
- Specific clinical or other highly technical skills of benefit to the NIH that exceed the basic requirements of the scientific assignment
- Current earnings and benefits, written employment offers, and pay levels of other NIH scientists of equal stature and achievement
Base Pay Adjustments
Under current NIH policy, SBRS members will be granted an across-the-board 3 percent annual base pay increase in the spring of each year, unless denied on an individual basis by the IC Director if performance so warrants. Provided the scientist has served at least one year in the SBRS, IC Directors may grant an additional base pay increase of up to 7 percent in the spring of each year, based on performance. Increases based on performance may be granted on an individual basis, not to exceed EX-I.
Additional Monetary Compensation
SBRS appointees normally receive base pay only, but recruitment & relocation bonuses and retention allowances (3Rs) may be authorized under the same limited circumstances applicable to other employees (up to 25% of base pay). Additional compensation under the 3Rs cannot cause total compensation to exceed the statutory pay cap (currently $196,700). No additional pay is authorized. Entire base pay (but not 3Rs) is creditable towards retirement.
GS/SES employees with obligated service under PCA, 3Rs or PSP agreements, & T-42 employees with 2R agreements, may terminate these agreements without penalty or payback to enter the SBRS; however, any payments under these agreements will cease immediately upon conversion to SBRS. (This does not preclude execution of new 3Rs agreements.)
CO non-taxable allowances & special pays terminate upon separation or retirement. Conditions of transfer for COs vary depending upon contract (obligated service) status & years of active service/eligibility for retirement.
Considerations Regarding SBRS Pay Cap of EX-1
SBRS members are eligible for several base pay increases each year:
(1) A comparability increase;
(2) An automatic 3% base pay increase (unless withheld by the IC Director); and,
(3) An increase of up to 7% approved at the discretion of the IC Director.
They are also eligible for PMAP performance awards (2.5 to 5% for Exceptional, 2% or less for Fully Successful) and one-time special act or service awards. For scientists at or near the SBRS statutory compensation cap of EX-I (currently $196,700), ICs should be aware that receipt of a monetary award(s) may preclude subsequent receipt (both in the current and in future years) of some or all of the base pay increases to which SBRS members are otherwise eligible and which ICs may otherwise wish to grant.
ICs should weigh the advantages and disadvantages of performance bonuses/cash awards versus base pay increases and the appropriateness of each type of monetary recognition for each SBRS scientist before making final compensation decisions. To preserve maximum flexibility and the ability to appropriately recognize each scientist’s performance and contributions, ICs are strongly urged to make these decisions in unison. In some circumstances, an IC may wish to consider granting a time-off award rather than a performance bonus, if receipt of the performance bonus will limit the amount of base pay increase(s) that might otherwise be granted. It is always more advantageous for an employee to receive a base pay increase rather than receive a monetary award that will cause their total compensation to reach EX-I. Alternatively, if compensation above EX-I is justified, then conversion to Title 42(f) may be an appropriate option.
Below are some examples to help illustrate:
Example 1
Dr. Smith’s salary in 2008 under the SBRS was $191,300 (2008 EX-I rate). He is eligible for the comparability increase and could potentially receive an automatic 3% increase in 2009 as well as an additional increase of up to 7%. His IC is also considering giving him a performance award for 2008 to be paid in 2009. What, if any base pay increases can he receive?
$191,300 2008 Base Pay
$ 5,548 2009 Comparability Increase (2.9%)
$196,848
Because of the statutory cap of EX-I (currently $196,700), Dr. Smith would only be able to receive part of the 2009 comparability increase. Dr. Smith would be unable to receive any additional increases or monetary awards in 2009. If he is rated as Exceptional on his performance plan for his 2008 performance, under HHS’s PMAP rules, the IC must grant a performance award based on the Exceptional rating. While the payment of the award would be deferred since Dr. Smith is already at the total compensation cap of $196,700 for 2009, at least part of the deferred award would be paid out in 2010. This deferred payment would count against Dr. Smith’s total compensation for 2010 and would either hinder or prevent his ability to receive base pay increases to the new total compensation cap of EX-I for 2010. In this case, it may be more beneficial for the employee to receive a time-off award in lieu of a cash award for the Exceptional rating based on his 2008 performance.
Example 2
Dr. Brown’s salary in 2008 was $175,000. She is eligible for the comparability increase and could potentially receive an automatic 3% increase in 2009 as well as an additional increase of up to 7%. Her IC is also considering giving her a performance award for 2008 to be paid in 2009. What, if any base pay increases can she receive?
$175,000 2008 Base Pay
$ 5,075 2008 Comparability Increase (2.9%)
$ 5,402 Automatic 3% Increase
$ 12,605 IC’s Discretionary NTE 7% Increase
$198,082 EXCEEDS STATUTORY CAP
Dr. Brown could receive the Comparability Increase, the automatic 3% increase, and a discretionary increase. However, due to the statutory cap, total compensation must remain under $196,700 which would require that any discretionary increase be below 7%. A combination of a monetary award and a discretionary increase is possible as long as the total compensation remains under $196,700.
Example 3
Dr. Jacksons' salary in 2008 was $150,000. He is eligible for the comparability increase and could potentially receive an automatic 3% increase in 2009 as well as an additional increase of up to 7%. His IC is also considering giving him a performance award for 2008 to be paid in 2009. What, if any increases can he receive?
$150,000 2008 Base Pay
$ 4,350 2008 Comparability Increase (2.9%)
$ 4,631 Automatic 3% Increase
$ 10,805 IC’s Discretionary NTE 7% Increase
$169,786
He may also receive a monetary award as long as his total compensation remains under $196,700 and PMAP awards guidance is followed.
