5 U.S.C. § 9804 — Recruitment, redesignation, and relocation bonuses
submitted 22 years ago by Pub. L. 108-201 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 489 words · no verdicts yet
The Administrator may pay recruitment, redesignation, and relocation bonuses when filling a position would otherwise be difficult. The statute sets different caps for critical and noncritical positions, requires a plan and generally a service agreement, and limits bonuses for supervisors and management officials.
(a) Despite section 5753, and under the workforce plan* and this section’s limits, the Administrator* may pay a bonus if the Administration* would likely have difficulty filling the position without it and the person is (1) newly appointed to federal service, (2) already a federal employee* newly appointed to another position in the same geographic area, or (3) a federal employee who must move to another geographic area to accept an Administration position. (b) For a position identified in the workforce plan as addressing a critical need*, the bonus may not exceed either (1) 50 percent of annual basic pay, including comparability payments under sections 5304 and 5304a, at the start of service, multiplied by the service period under subsection (d)(1)(B)(i), or (2) 100 percent of that annual basic pay. (c) For another position, it may not exceed 25 percent of annual basic pay, excluding those comparability payments, at the start of service. (d)(1) Payment requires a service agreement. At minimum it must state (i) the service period, (ii) payment method and schedule, including lump sum, installments, or both, (iii) amount and calculation basis, and (iv) early-termination conditions and effects. (2) For subsection (b)(1) and (c)(1) decisions, the service period is full years plus twelfths of a year, with a fraction of a month rounded to the nearest twelfth; it must be at least 6 months and at most 4 years. (3) The bonus is not basic pay. (e) Before paying, the Administration must establish a recruitment, redesignation, and relocation bonus plan approved by the Office of Personnel Management. (f) In any year, no more than 25 percent of all bonuses under subsection (a) may go to supervisors or management officials.
Notwithstanding section 5753, the Administrator* may pay a bonus to an individual, in accordance with the workforce plan* and subject to the limitations in this section, if—
the Administrator determines that the Administration* would be likely, in the absence of a bonus, to encounter difficulty in filling a position; and
the individual—
is newly appointed as an employee* of the Federal Government;
is currently employed by the Federal Government and is newly appointed to another position in the same geographic area; or
is currently employed by the Federal Government and is required to relocate to a different geographic area to accept a position with the Administration.
If the position is described as addressing a critical need* in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed—
50 percent of the employee’s annual rate of basic pay (including comparability payments under sections 5304 and 5304a) as of the beginning of the service period multiplied by the service period specified under subsection (d)(1)(B)(i); or
100 percent of the employee’s annual rate of basic pay (including comparability payments under sections 5304 and 5304a) as of the beginning of the service period.
If the position is not described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 25 percent of the employee’s annual rate of basic pay (excluding comparability payments under sections 5304 and 5304a) as of the beginning of the service period.
Payment of a bonus under this section shall be contingent upon the individual entering into a service agreement with the Administration.
At a minimum, the service agreement shall include—
the required service period;
the method of payment, including a payment schedule, which may include a lump-sum payment, installment payments, or a combination thereof;
the amount of the bonus and the basis for calculating that amount; and
the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
For purposes of determinations under subsections (b)(1) and (c)(1), the employee’s service period shall be expressed as the number equal to the full years and twelfth parts thereof, rounding the fractional part of a month to the nearest twelfth part of a year. The service period may not be less than 6 months and may not exceed 4 years.
A bonus under this section may not be considered to be part of the basic pay of an employee.
Before paying a bonus under this section, the Administration shall establish a plan for paying recruitment, redesignation, and relocation bonuses, subject to approval by the Office of Personnel Management.
No more than 25 percent of the total amount in bonuses awarded under subsection (a) in any year may be awarded to supervisors or management officials.
Source credit: (Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 464.)
- 2004Enacted · Pub. L. 108-201 · 118 Stat. 464
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-201 on 2004-02-24.
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