DOJ 1200.1

Chapter 2-10, Pay for Senior Level Positions  (Oct. 3, 2000)

A.   References.

B. Policy.

1. This chapter establishes the Department's policy on setting the pay of senior-level (SL) employees.

2. Rate Ranges. The minimum rate of basic pay for the senior-level and scientific or professional (SL/ST) rate range will be increased by 1.7 percent ($111,676 in 2007), which is the amount of the across-the-board GS pay increase. The maximum rate of basic pay for the SL/ST rate range is the rate for EX-IV ($145,400 in 2007).

3. Minimum Pay Level. Ordinarily, the following categories of employees will be paid at a rate of pay in the SL-1 Pay Level:
   
   
   1. Newly-appointed employees,
   
   
   
   2. Employees entering the SL for the first time, and
   
   
   
   3. Employees with less than one year's service in an SL position.
   
   

   NOTE: The pay rate of an employee promoted from a GS position will be no less than 6 percent above the rate earned in the position from which promoted. At the highest GS pay levels, this requirement may result in the employee's placement in the SL-2 Pay Level.

4. Maximum Pay Level. Pay rates in the SL-4 Pay Level are reserved for highly unusual situations where the position is especially important to the Department and/or the employee's qualifications are unusually high.



5. Periodic Adjustments. In accordance with the criteria in Paragraph B.7. below, after 12 months' service at his or her current pay rate, an SL employee may have his or her rate of basic pay adjusted to a higher rate within his or her current pay level or to any rate in the next higher pay level.



6. Annual Adjustments. On the effective date of an annual adjustment in GS pay rates, the applicable authorized official described in Paragraph B.8. below may adjust each SL employee's rate of pay. If this adjustment does not exceed the GS percentage adjustment, it has no effect on the 12-month waiting period described in Paragraph B.5. above.



7. Pay-setting Criteria. The following criteria, as applicable, will be used to determine an SL employee's pay level and rate of pay:



1. Alignment with other positions and incumbents with comparable responsibilities and qualifications, both in the SL and SES pay systems;



2. Changes in position content and responsibility;



3. Length of service;



4. Performance;



5. Pay for comparable positions and qualifications in the non-Federal sector; and



6. Other relevant factors.



8. Authorized officials. In accordance with law, regulation, and this Chapter, the following officials are authorized to exercise SL pay-setting authority:
   1. Effective March 1, 2000, heads of Department components other than the FBI and DEA have been delegated authority for initial pay-setting and subsequent pay adjustments for SL employees (except for noncareer-type SL employees) up to and including the maximum rate of pay for the SL-3 level. This authority may not be redelegated.
   
   
   
   2. Effective March 1, 2000, the Director of the FBI and the Administrator of the DEA have been delegated authority for initial pay-setting and subsequent pay adjustments for SL employees up to and including the maximum rate of SL pay, except for noncareer-type SL employees, and employees who report to the Director, FBI or to the Administrator or Deputy Administrator, DEA. This authority may not be redelegated.
   
   
   
   3. Initial pay-setting and subsequent pay adjustments for the following categories of employees must be submitted in writing through the AAG/A for approval by the DAG:
   
   
   
   1. Noncareer-type SL employees,
   
   
   
   2. Employees who report to the Director, FBI or to the Administrator or Deputy Administrator, DEA, and
   
   
   
   3. Employees not in the FBI or DEA whose pay is being set at the SL-4 level. (In addition to meeting the requirements of Paragraph C. below, a request under this subparagraph must describe how the importance of the position and/or the qualifications of the individual warrant exceptional treatment.)

C.   Documentation and Reporting

All pay determinations, including pay levels for newly established positions, pay rates for new appointees, and annual adjustments in pay, must be made in writing, and must justify the pay level by reference to the factors described in Paragraph B.7. above.

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