U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

SUPERIOR QUALIFICATIONS AND
SPECIAL NEEDS PAY-SETTING AUTHORITY

Description

Agencies may set the rate of basic pay of a newly-appointed employee at a rate above the minimum rate of the appropriate General Schedule (GS) grade because of–

1. the superior qualifications of the candidate, or
2. a special need of the agency for the candidate's services.

Covered Positions

Agencies may use the superior qualifications and special needs pay-setting authority to set the rate of basic pay for an employee newly-appointed to any General Schedule position, including permanent and temporary positions in the competitive or excepted service.

Newly-Appointed Employees

Agencies may use the superior qualifications and special needs pay-setting authority to set the rate of basic pay for an employee upon–

1. first appointment as a civilian employee of the Federal Government.
2. reappointment to a GS position with a 90-day break in service.
   (See 5 CFR 531.212(a)(3) for exceptions to the 90-day break in service requirement.)

Required Documentation

Before using the superior qualifications and special needs pay-setting authority, agencies must establish documentation and recordkeeping procedures sufficient to allow reconstruction of the action taken in each case. Documentation must include a description of the–

1. superior qualifications of the individual or special agency need for the candidate's services that justifies a higher minimum rate;
2. factor(s) and supporting documentation under 5 CFR 531.212(c) that were used to justify the rate at which the employee's pay is set; and
3. reason(s) for authorizing a higher minimum rate instead of or in addition to a recruitment incentive under 5 CFR part 575, subpart A.

References

• 5 U.S.C. 5333
• 5 CFR 531.212

• Pay Administration Main Page
• Fact Sheets on Leave Programs