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5 U.S.C. § 5404 — Human capital performance payments
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) 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.
(2) 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.
**(b)**
(1) 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.
(2) 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.
(3) 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.
**(c)** 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.
**(d)**
(1) An agency may finance initial human capital performance payments using monies from the Human Capital Performance Fund, as available.
(2) In subsequent years, continuation of previously awarded human capital performance payments shall be financed from other agency funds available for salaries and expenses.
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Source file: Laws/federal/codes/united-states-code/title-5/section-5404-human-capital-performance-payments--0ccb65c248.md
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Source location: Title 5, Chapter 54, § 5404; chapter-054-human-capital-performance-fund.md
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**(a)**
(1) 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.
(2) 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.
**(b)**
(1) 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.
(2) 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.
(3) 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.
**(c)** 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.
**(d)**
(1) An agency may finance initial human capital performance payments using monies from the Human Capital Performance Fund, as available.
(2) In subsequent years, continuation of previously awarded human capital performance payments shall be financed from other agency funds available for salaries and expenses.
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Federal law — U.S. Code and appendices · legal_authorities
Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5315
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee paid on an annual basis, and occupying a permanent position within the scope of the General Schedule, who has not reached the maximum rate of pay for the grade in which his position is placed, shall be advanced in pay successively to the next higher rate within the grade at the beginning of the next pay period following the completion of—
(1) each 52 calendar weeks of service in pay rates 1, 2, and 3;
(2) each 104 calendar weeks of service in pay rates 4, 5, and 6; or
(3) each 156 calendar weeks of service in pay rates 7, 8, and 9;
subject to the following conditions:
(A) the employee did not receive an equivalent increase in pay from any cause during that period; and
(B) the work of the employee is of an acceptable level of competence as determined by the head of the agency.
**(b)** Under regulations prescribed by the Office of Personnel Management, the benefit of successive step-increases shall be preserved for employees whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency.
**(c)** When a determination is made under subsection (a) of this section that the work of an employee is not of an acceptable level of competence, the employee is entitled to prompt written notice of that determination and an opportunity for reconsideration of the determination within his agency under uniform procedures prescribed by the Office of Personnel Management. If the determination is affirmed on reconsideration, the employee is entitled to appeal to the Merit Systems Protection Board. If the reconsideration or appeal results in a reversal of the earlier determination, the new determination supersedes the earlier de
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5335
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Federal law — U.S. Code and appendices · legal_authorities
Page 632
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5402
most valuable employees. This Fund will offer
Federal managers a new tool to recognize em-
ployee performance that is critical to the
achievement of agency missions.
(Added Pub. L. 108–136, div. A, title XI, § 1129(a),
Nov. 24, 2003, 117 Stat. 1642.)
Editorial Notes
PRIOR PROVISIONS
A prior section 5401, added Pub. L. 95–454, title V,
§ 501, Oct. 13, 1978, 92 Stat. 1180; amended Pub. L. 97–346,
§ 2, Oct. 15, 1982, 96 Stat. 1647; Pub. L. 98–615, title II,
§ 201(a), Nov. 8, 1984, 98 Stat. 3208; Pub. L. 102–378, § 2(37),
Oct. 2, 1992, 106 Stat. 1351, stated purpose of chapter to
provide a performance management and recognition
system, prior to repeal by Pub. L. 103–89, § 3(a)(1), (c),
Sept. 30, 1993, 107 Stat. 981, 983, eff. Nov. 1, 1993.
§ 5402. Definitions
For the purpose of this chapter—
(1) ‘‘agency’’ means an Executive agency
under section 105, but does not include the
Government Accountability Office;
(2) ‘‘employee’’ includes—
(A) an individual paid under a statutory
pay system defined in section 5302(1);
(B) a prevailing rate employee, as defined
in section 5342(a)(2); and
(C) a category of employees included by
the Office of Personnel Management fol-
lowing the review of an agency plan under
section 5403(b)(1);
but does not include—
(i) an individual paid at an annual rate of
basic pay for a level of the Executive Sched-
ule, under subchapter II of chapter 53, or at
a rate provided for one of those levels under
another provision of law;
(ii) a member of the Senior Executive
Service paid under subchapter VIII of chap-
ter 53, or an equivalent system;
(iii) an administrative law judge paid
under section 5372;
(iv) a contract appeals board member paid
under section 5372a;
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5404
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