[Federal Register: January 26, 2009 (Volume 74, Number 15)]
[Notices]
[Page 4483-4484]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja09-124]
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OFFICE OF PERSONNEL MANAGEMENT
January 2009 Pay Adjustments
AGENCY: U.S. Office of Personnel Management.
ACTION: Notice.
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SUMMARY: The President adjusted the rates of basic pay and locality
payments for certain categories of Federal employees effective in
January 2009. This notice documents those pay adjustments for the
public record.
FOR FURTHER INFORMATION CONTACT: Tameka Gillis, Center for Pay and
Leave Administration, Division for Strategic Human Resources Policy,
U.S. Office of Personnel Management; (202) 606-2858; FAX (202) 606-
0824; or e-mail to pay-performance-policy@opm.gov.
SUPPLEMENTARY INFORMATION: On December 18, 2008, the President signed
Executive Order 13483 (73 FR 78587), which implemented the January 2009
pay adjustments. The President made these adjustments consistent with
Public Law 110-329, September 30, 2008, which authorized an overall
average pay increase of 3.9 percent for the ``statutory pay systems,''
including the General Schedule (GS).
Schedule 1 of Executive Order 13483 provides the rates for the 2009
General Schedule and reflects a 2.9 percent across-the-board increase.
Executive Order 13483 also includes the percentage amounts of the 2009
locality payments. (See Section 5 and Schedule 9 of Executive Order
13483.)
The publication of this notice satisfies the requirement in section
5(b) of Executive Order 13483 that the U.S. Office of Personnel
Management (OPM) publish appropriate notice of the 2009 locality
payments in the Federal Register.
GS employees receive locality payments under 5 U.S.C. 5304.
Locality payments apply in the continental United States (as defined in
5 CFR 531.602 to include the several States and the District of
Columbia, but not Alaska or Hawaii). In 2009, locality payments ranging
from 13.86 percent to 34.35 percent apply to GS employees in 32
locality pay areas. (The 2009 locality pay area definitions can be
found at http://www.opm.gov/oca/09tables/locdef.asp.) These 2009
locality pay percentages, which replaced the 2008 locality pay
percentages, became effective on the first day of the first pay period
beginning on or after January 1, 2009 (January 4, 2009). An employee's
locality rate of pay is computed by increasing his or her scheduled
annual rate of pay (as defined in 5 CFR 531.602) by the applicable
locality pay percentage. (See 5 CFR 531.604 and 531.609.)
Executive Order 13483 establishes the new Executive Schedule, which
incorporates a 2.8 percent increase required under 5 U.S.C. 5318
(rounded to the nearest $100). By law, Executive Schedule officials are
not authorized to receive locality payments.
Executive Order 13483 establishes the range of rates of basic pay
for senior executives in the Senior Executive Service (SES), as
established pursuant to 5 U.S.C. 5382. The minimum rate of basic pay
for the SES may not be less than the minimum rate payable under 5
U.S.C. 5376 for senior-level positions ($117,787 in 2009). The maximum
rate of the SES rate range is level II of the Executive Schedule
($177,000 in 2009) for SES members covered by a certified SES
performance appraisal system and level III of the Executive Schedule
[[Page 4484]]
($162,900 in 2009) for SES members covered by an SES performance
appraisal system that has not been certified. By law, SES members are
not authorized to receive locality payments. Agencies with certified
performance appraisal systems in 2009 for senior executives and/or
senior-level (SL) and scientific or professional (ST) positions also
must apply a higher aggregate limitation on pay--up to the Vice
President's salary ($227,300 in 2009).
The Executive order adjusted the rates of basic pay for
administrative law judges (ALJs) by 2.9 percent, rounded to the nearest
$100 (except for those at AL-1, which was increased by 2.8 percent
consistent with the Executive Schedule increase). The maximum rate of
basic pay for ALJs is set by law at the rate for level IV of the
Executive Schedule, which is now $153,200. The rate of basic pay for
AL-2 is $149,600. The rates of basic pay for AL-3/A through 3/F range
from $102,400 to $141,600. (See 5 U.S.C. 5372.)
The rates of basic pay for members of Contract Appeals Boards are
calculated as a percentage of the rate for level IV of the Executive
Schedule. (See 5 U.S.C. 5372a.) Therefore, these rates of basic pay
were increased by approximately 2.8 percent.
The maximum rate of basic pay for SL/ST positions was increased by
approximately 2.8 percent (to $153,200) because it is tied to the rate
for level IV of the Executive Schedule. The minimum rate of basic pay
for SL/ST positions is equal to 120 percent of the minimum rate of
basic pay for GS-15 and thus was increased by 2.9 percent (to
$117,787). (See 5 U.S.C. 5376.) Note that beginning April 12, 2009,
employees in SL/ST positions will begin receiving pay under the
provisions of a new pay system established under the Senior
Professional Performance Act of 2008 (Pub. L. 110-372, October 8,
2008). OPM will issue additional information on the new SL/ST pay
system before April 12, 2009.
On October 27, 2008, the President's Pay Agent extended the 2009
locality-based comparability payments to certain categories of non-GS
employees. The Governmentwide categories include ALJs and Contract
Appeals Board members. The maximum locality rate of pay for these
employees is the rate for level III of the Executive Schedule ($162,900
in 2009).
On December 18, 2008, OPM issued a memorandum (CPM 2008-22) on the
January 2009 pay adjustments. (See http://www.opm.gov/oca/compmemo/
index.asp.) The memorandum transmitted Executive Order 13483 and
provided the 2009 salary tables, locality pay areas and percentages,
and information on general pay administration matters and other related
information. The ``2009 Salary Tables'' posted on OPM's Web site at
http://www.opm.gov/oca/09tables/index.asp are the official rates of pay
for affected employees and are hereby incorporated as part of this
notice.
Office of Personnel Management.
Michael W. Hager,
Acting Director.
[FR Doc. E9-1643 Filed 1-23-09; 8:45 am]
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