5 U.S.C. § 5404 — Human capital performance payments
submitted 23 years ago by Pub. L. 108-136 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 265 words · no verdicts yet
This section allows agencies to give exceptional-performance payments from the Human Capital Performance Fund. It limits the number and amount of payments and restricts how Fund money may be used.
(a) (1) The Office may authorize an agency, despite other law, to give individual employees human-capital-performance payments from the Fund for exceptional performance that helps achieve the agency’s mission.
(2) In any year, no more employees may receive Fund payments than 15 percent of the agency’s average full- and part-time permanent civilian employment during the prior fiscal year.
(b) (1) A payment to one employee in one year may not exceed 10 percent of that employee’s basic-pay rate.
(2) The employee’s basic pay, including locality-based comparability payments, plus human-capital-performance pay as regulations define it, may not exceed the Executive Level IV basic-pay rate in any year.
(3) A Fund payment is in addition to any annual pay adjustment under section 5303 or similar law and any applicable locality-based comparability payment.
(c) Fund money may not pay for a new position, another performance-related payment, or a recruitment or retention incentive under sections 5753 or 5754.
(d) (1) An agency may use available Fund money to finance initial payments. (2) In later years, continuing previously awarded payments must be financed from other agency salary-and-expense funds.
Notwithstanding any other provision of law, the Office may authorize an agency to provide human capital performance payments to individual employees based on exceptional performance contributing to the achievement of the agency mission.
The number of employees in an agency receiving payments from the Fund, in any year, shall not be more than the number equal to 15 percent of the agency’s average total civilian full- and part-time permanent employment for the previous fiscal year.
A human capital performance payment provided to an individual employee from the Fund, in any year, shall not exceed 10 percent of the employee’s rate of basic pay.
The aggregate of an employee’s rate of basic pay, adjusted by any locality-based comparability payments, and human capital performance pay, as defined by regulation, may not exceed the rate of basic pay for Executive Level IV in any year.
Any human capital performance payment provided to an employee from the Fund is in addition to any annual pay adjustment (under section 5303 or any similar provision of law) and any locality-based comparability payment that may apply.
No monies from the Human Capital Performance Fund may be used to pay for a new position, for other performance-related payments, or for recruitment or retention incentives paid under sections 5753 and 5754.
An agency may finance initial human capital performance payments using monies from the Human Capital Performance Fund, as available.
In subsequent years, continuation of previously awarded human capital performance payments shall be financed from other agency funds available for salaries and expenses.
Source credit: (Added Pub. L. 108–136, div. A, title XI, § 1129(a), Nov. 24, 2003, 117 Stat. 1643.)
- 2003Enacted · Pub. L. 108-136 · 117 Stat. 1643
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-136 on 2003-11-24.
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