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5 U.S.C. § 5753 — Recruitment and relocation bonuses

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5753 — Recruitment and relocation bonuses

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Stable record: federal_law:legal_authorities:record_usc_54e28798a99ad0f0545283c5
Source file: Laws/federal/codes/united-states-code/title-5/section-5753-recruitment-and-relocation-bonuses--ae6132ed7f.md
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Source location: Title 5, Chapter 57, § 5753; chapter-057-travel-transportation-and-subsistence.md

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**(a)** (1) This section may be applied to— (A) employees covered by the General Schedule pay system established under subchapter III of chapter 53; and (B) employees in a category approved by the Office of Personnel Management at the request of the head of an Executive agency. (2) A bonus may not be paid under this section to an individual who is appointed to or who holds— (A) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate, excluding members of the Foreign Service other than chiefs of mission and ambassadors at large; (B) a position in the Senior Executive Service as a noncareer appointee (as such term is defined under section 3132(a)); or (C) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. (3) In this section, the term “employee” has the meaning given that term in section 2105, except that such term also includes an employee described in subsection (c) of that section. **(b)** The Office of Personnel Management may authorize the head of an agency to pay a bonus under this section to an individual only if— (1) the position to which such individual is appointed (as described in paragraph (2)(A)) or to which such individual moves or must relocate (as described in paragraph (2)(B)) is likely to be difficult to fill in the absence of such a bonus; and (2) the individual— (A) is newly appointed as an employee of the Federal Government; or (B) (i) is currently employed by the Federal Government; and (ii) (I) moves to a new position in the same geographic area under circumstances described in regulations of the Office; or (II) must relocate to accept a position in a different geographic area. **(c)** (1) Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement to complete a period of employment with the agency, not longer than 4 years. The Office may, by regulation, prescribe a minimum service period for purposes of this section. (2) (A) The agreement shall include— (i) the commencement and termination dates of the required service period (or provisions for the determination thereof); (ii) the amount of the bonus; (iii) the method of payment; and (iv) other terms and conditions under which the bonus is payable, subject to the requirements of this section and regulations of the Office. (B) The terms and conditions for paying a bonus, as specified in the service agreement, shall include— (i) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed; and (ii) the effect of the termination. (C) The required service period shall commence upon the commencement of service with the agency or movement to a new position or geographic area, as applicable, unless the service agreement provides for a later commencement date in circumstances and to the extent allowable under regulations of the Office, such as when there is an initial period of formal basic training. **(d)** (1) Except as provided in subsection (e), a bonus under this section shall not exceed 25 percent of the annual rate of basic pay of the employee at the beginning of the service period multiplied by the number of years (including a fractional part of a year, as determined under regulations of the Office) in the required service period of the employee involved. (2) A bonus under this section may be paid as an initial lump sum, in installments, as a final lump sum upon the completion of the full period of service required by the agreement, or in a combination of these forms of payment. (3) A bonus under this section is not part of the basic pay of an employee for any purpose. (4) Under regulations of the Office, a recruitment bonus under this section may be paid to an eligible individual before that individual enters on duty. **(e)** The Office may authorize the head of an agency to waive the limitation under subsection (d)(1) based on a critical agency need, subject to regulations prescribed by the Office. Under such a waiver, the maximum bonus allowable shall— (1) be equal to the maximum that would be determined if subsection (d)(1) were applied by substituting “50” for “25”; but (2) in no event exceed 100 percent of the annual rate of basic pay of the employee at the beginning of the service period. Nothing in this subsection shall be considered to permit the waiver of any requirement under subsection (c). **(f)** The Office shall require that an agency establish a plan for the payment of recruitment bonuses before paying any such bonuses, and a plan for the payment of relocation bonuses before paying any such bonuses, subject to regulations prescribed by the Office. **(g)** The Office may prescribe regulations to carry out this section, including regulations relating to the repayment of a bonus under this section in appropriate circumstances when the agreed-upon service period has not been completed.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5305 — Special pay authority

**(a)** (1) Whenever the Office of Personnel Management finds that the Government’s recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped due to any of the circumstances described in subsection (b), the Office may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 or similar provision of law) for the grade or level by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule. In the case of individuals not subject to the provisions of this title governing appointment in the competitive service, the President may designate another agency to authorize special rates under this section. (2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an age

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5754 — Retention bonuses

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5597 — Separation pay

**(a)** For the purpose of this section— (1) the term “Secretary” means the Secretary of Defense; (2) the term “defense agency” means an agency of the Department of Defense, as further defined under regulations prescribed by the Secretary; and (3) the term “employee” means an employee of a defense agency, serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, except that such term does not include— (A) a reemployed annuitant under subchapter III of chapter 83, chapter 84, or another retirement system for employees of the Government; or (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A). **(b)** In order to avoid or minimize the need for involuntary separations due to a reduction in force, base closure, reorganization, transfer of function, workforce restructuring (to meet mission needs, achieve one or more strength reductions, correct skill imbalances, or reduce the number of high-grade, managerial, or supervisory positions), or other similar action affecting 1 or more defense agencies, the Secretary shall establish a program under which separation pay may be offered to encourage eligible employees to separate from service voluntarily (whether by retirement or resignation). **(c)** Under the program, separation pay may be offered by a defense agency only— (1) with the prior consent, or on the authority, of the Secretary; and (2) to employees within such occupational groups or geographic locations, or subject to such other similar objective and nonpersonal limitations or conditions, as the Secretary may require. A determination of which employee

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5753 — Recruitment and relocation bonuses

Page 756 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5751 subsection (a) [amending this section] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Jan. 28, 2008].’’ TRAVEL TO UNITED STATES FOR IMMEDIATE FAMILY OF EMPLOYEES SERVING ABROAD Pub. L. 110–161, div. D, title VII, § 701, Dec. 26, 2007, 121 Stat. 2019, provided that: ‘‘Hereafter, funds appro- priated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee.’’ Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsec. (b) of this sec- tion to prescribe regulations with respect to payment of expenses when an employee dies delegated to Admin- istrator of General Services, see section 1(13) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. Authority of President under subsec. (e) of this sec- tion delegated to Office of Personnel Management by section 6(b) of Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under section 5301 of this title. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS Editorial Notes AMENDMENTS 1970—Pub. L. 91–563, § 4(a), Dec. 19, 1970, 84 Stat. 1477, added heading of Subchapter IV. § 5751. Travel expenses of witnesses (a) Under such regulations as the Attorney General may prescribe, an employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) summoned, or as- signed by his agency, to testify or produce offi- cial records on behalf of the Unite

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