Title 5 Pay covers employees under the General Schedule (GS) and Wage Grade (WG) pay plans. This also includes Senior, Executive & Scientific pay under ES, SL, ST, and EX pay plans.
Pay Systems
The General Schedule (GS) classification and pay system covers the majority of civilian Federal employees in professional, technical, administrative, and clerical positions.
Summary Information
Pay Tables
The Federal Wage System covers trade, craft, and laboring employees who are paid by the hour, and includes Wage Grade (WG), Wage Leader (WL), and Wage Supervisor (WS) pay plans.
Laws, Regulations, and HHS Instruction
- 5 U.S.C. Chapter 53, Subchapter IV, Prevailing Rate Systems
- 5 CFR 532, Prevailing Rate Systems
- HHS Instruction 532-1, Pay Setting in the FWS, dated 1/26/09
OPM Guidance
Pay Tables
The employment system that applies to any positions that are classified above GS-15 and involve executive management and high policy-making responsibilities. Pay plans include Senior Executive Service (ES), Executive Schedule (EX), Senior-Level (SL), and Scientific or Professional (ST).
Summary Information
Pay Tables
Setting Pay
General Schedule
- Title 5 General Schedule (Non-Locality) Base Salary Table
- Title 5 GS Washington-Baltimore-Arlington, DC-MD-VA-WV-PA Locality Pay Table
- General Schedule Locality Pay Tables for all geographic areas
- Overseas Comparability Pay Table
- Title 5 and Title 38 Special Salary Rates used at NIH
- How the GS Pay Tables Are Updated
Federal Wage System
Senior, Executive & Scientific
All GS employees receive a supplemental adjustment tied to local labor markets and defined by metropolitan statistical area. Locality pay rates are considered the employee’s rate of basic pay.
Laws and Regulations
- 5 U.S.C. 5304, Locality-based Comparability Payments
- 5 CFR 531 subpart F, Locality-based Comparability Payments
OPM Guidance
The Office of Personnel Management (OPM) has established higher rates of basic pay for groups of positions to address existing or likely significant handicaps in recruiting or retaining well-qualified employees.
Laws and Regulations
- 5 U.S.C. 5305, Special Pay Authority
- 5 CFR 530 Subpart C, Special Rate Schedules for Recruitment and Retention
OPM Guidance
NIH Guidance
These flexibilities allow employees to retain grades and/or rates of basic pay in situations when their compensation would otherwise be reduced, provided certain conditions are met.
Laws, Regulations, and HHS Instruction
- 5 U.S.C. Chapter 53, Subchapter VI, Grade and Pay Retention
- 5 CFR part 536, Grade and Pay Retention
- HHS Instruction 531-2, Setting Salary, dated 5/20/96
OPM Guidance
- Fact Sheet - Grade Retention
- Fact Sheet - Pay Retention
- Fact Sheet - Pay Retention for Former NSPS Employees
Examples and Summaries
The maximum payable rate rule is a special rule that allows an agency to set pay for a GS employee at a rate above the rate that would be established using normal rules, based on a higher rate of pay the employee previously received in another Federal job.
Laws, Regulations, and HHS Instruction
- 5 CFR 531.221 - 223, Using a Highest Previous Rate Under the Maximum Payable Rate Rule
- HHS Instruction 531-2, Setting Salary, dtd 5/20/96
OPM Guidance
NIH Guidance
Examples
Pay may be at any step higher than the minimum (step 1) if candidates have superior qualifications or the agency has a special need for their services, provided certain conditions are met.
Laws, Regulations, and HHS Instruction
- 5 U.S.C. 5333, Minimum Rate for New Appointments
- 5 CFR 531.212, Superior Qualifications and Special Needs Pay-Setting Authority
- HHS Instruction 531-1, Setting Pay Based on Superior Qualifications or Special Need
OPM Guidance
NIH Guidance
- Delegation of Authority, Appointments/Conversions/Extensions, dated 2/5/16
- SOP - Setting Pay at an Advanced Rate Based on Superior Qualification and Special Needs (Formerly ATM)
- NIH Pay Guide - Advanced Rate of Pay
Case Preparation Information
Within-grade increases (WGIs) or step increases are periodic increases in a GS employee's rate of basic pay from one step of the grade of his or her position to the next higher step of that grade. Employees must meet specific requirements to be eligible and recipients are determined by management.
Laws, Regulations, and HHS Instruction
- 5 U.S.C. 5335, Periodic Step Increases
- 5 U.S.C. 5336, Additional Step Increase
- 5 CFR 531 subpart D, Within - Grade Increases
- HHS Instruction 531-4, dated 6/4/96
OPM Guidance
NIH Guidance
A promotion is a change of an employee while continuously employed from one GS grade to a higher GS grade. Employees must meet specific requirements to be eligible and recipients are determined by management.
Laws and Regulations
- 5 U.S.C. 5334 (b) Rate on Change of Position or Type of Appointment; regulations
- 5 CFR 531.214, Setting Pay Upon Promotion
- 5 CFR Part 335, Promotion and Internal Placement
OPM Guidance
NIH Guidance
- NIH Delegation of Authority, Promotions, dtd 10/01/2003
- SOP - Temporary Promotions
- NIH Pay Guide - Promotions
- NIH Pay Guide - Special Salary Rate to Regular Rate
- NIH Pay Guide - Temporary Promotions
- Temporary Promotions and WGIs
Examples
OPM Guidance
- Fact Sheet- Special Conversion Rules for Certain Non-GS Employees
- Fact Sheet- Computing Hourly Rates of Pay Using the 2,087-Hour Divisor
- Fact Sheet - Critical Position Pay
- Use of Bureau of Labor Statistics Data for Setting General Schedule Pay
- How to Compute Rates of Pay
- Rates of Pay to Use in Processing Pay Actions
- Simultaneous Pay Actions
NIH Guidance
- Delegation of Authority, Pay Setting (Non-GS Title 5), dated 9/11//2017
- NIH Pay Guide- Last Equivalent Increase
- NIH Pay Guide- Pay Banding to General Schedule
- NIH Pay Guide- Title 42 to Title 5 Conversions
Examples
Additional Compensation Flexibilities
NIH may pay a physicians' comparability allowance (PCA) to an eligible Government physician who enters into a service agreement with NIH in order to recruit and retain the physician.
Laws, Regulations, and HHS Guidance
OPM Guidance
NIH Guidance
- NIH Policy Manual 2300-595-1, NIH Physicians' Comparability Allowance Plan, dated 4/22/14
- NIH Delegation of Authority, PCA dated 2/29/16
- NIH SOP - Physicians' Comparability Allowance
- NIH Pay Guide - PCA
- PCA Frequently Requested Information
- PCA and Title 38 PDP - Comparison Chart
Case Preparation Information
These incentives are designed to help NIH recruit and retain employees with high or unique qualifications in mission-critical positions.
Law, Regulations, and HHS Guidance
- 5 U.S.C. 5753, Recruitment and Relocation Bonuses
- 5 U.S.C. 5754, Retention Bonuses
- 5 C.F.R. 575, Recruitment, Relocation, and Retention Incentives
- HHS Instruction 575-1, Recruitment, Relocation & Retention Incentives
OPM Guidance
- Recruitment, Relocation & Retention Incentives
- Oversight and Accountability
- Recruitment Incentives
- Relocation Incentives
- Retention Incentives
- Frequently Asked Questions (FAQs)
- Calculating Maximum Recruitment and Relocation Incentives
- Payment and Termination Calculations for Recruitment and Relocation Incentives
- Group Retention Incentives
NIH Guidance
- NIH Policy Manual 575-1, dated 12/12/2014
- NIH Standard Operating Procedure (SOP) - Recruitment, Relocation and Retention Incentives
- NIH Pay Guide - 3Rs
- Delegation of Authority #10, Recruitment Incentives
- Delegation of Authority #11, Relocation incentives
- Delegation of Authority #12, Retention Incentives
Forms & Case Preparation Information
The Federal student loan repayment program permits agencies to repay Federally insured student loans as a recruitment or retention incentive for candidates or current employees of the agency.
Law, Regulations, and HHS Guidance
- 5 U.S.C. 5379, Student Loan Repayments
- 5 CFR 537, Repayment of Student Loans
- HHS Instruction 537-1, Student Loan Repayment Program Policy, dated 11/2023
OPM Guidance
NIH Guidance
- NIH Policy Manual 2300-537-1, dated 2/26/15
- NIH Delegation of Authority, Student Loan Repayment Program, dated 05/13/14
- NIH SOP - Student Loan Repayment Program
- NIH Pay Guide - SLRP
- Debt Guide for Employees
Forms and Case Preparation Documents
- SLRP Case Preparation Resources
- Form NIH-2851-1, "Request for Student Loan Repayment"
- Form NIH-2851-2, "Student Loan Repayment Program Service Agreement"
- Form NIH-2851-3, "Outstanding Loan Information"
- Form NIH-2851-4, "Waiver of Student Loan Indebtedness"
- Student Loan Repayment Form
- SLRP Package Checklist
- SLRP Sample Justification Letter - Recruitment
- SLRP Sample Justification Letter - Retention
- Sample Direct Loan Consolidation Application and Promissory Note
- Sample Direct PLUS Promissory Note
- Sample FFELP Consolidation Promissory Note
Other Loan Repayment Programs
Please note these programs are not administered by OHR
Premium pay is additional pay that is provided to employees for additional work performed. It has several different components.
Laws, Regulations, and HHS Guidance
- 5 U.S.C. Part III Chapter 55, Subchapter V, Premium Pay
- 5 U.S.C. Part III Chapter 61, Hours of Work
- 5 U.S.C §5343(c)(4), Prevailing rate determinations; wage schedules; night differentials
- 5 CFR 532, Subpart E, Premium Pay and Differentials
- 5 CFR 550, Pay Administration (General)
- 5 CFR 551, Pay Administration Under the Fair Labor Standards Act
- 5 CFR 610, Hours of Duty
- HHS Instruction 550-1. Premium Pay, dated 11/3/10
- HHS Instruction 550-3, Compensatory Time Off for Travel, dated 3/28/08
- HHS Instruction 550-11, Compensatory Time Off for Religious Observances, dated 12/10/2020
OPM Guidance
- How to Compute Rates of Pay
- Fact Sheet - Aggregate Limitation on Pay
- Fact Sheet - Availability Pay
- Fact Sheet - Biweekly Caps on Premium Pay
- Fact Sheet - Compensatory Time Off
- Fact Sheet - Compensatory Time Off for Travel
- Fact Sheet - Federal Holidays - Work Schedule and Pay
- Fact Sheet - How to Compute FLSA overtime Pay
- Fact Sheet – Maximum GS Pay Limitations
- Fact Sheet - Night Pay
- Fact Sheet - Night Shift Differential for Federal Wage System Employees
- Fact Sheet - Overtime Pay, Title 5
- Fact Sheet - Premium Pay, Title 5
- Fact Sheet - Sunday Premium Pay
- Frequently Asked Questions - Hazardous Duty Pay
- Appropriated Fund Operating Manual, Subchapter S8 Pay Administration
NIH Guidance
- NIH Premium Pay Entitlement Tool
- NIH Policy Manual 2300-550-3, Compensatory Time Off for Travel, dated 2/10/15
- NIH Delegation of Authority, Overtime, dated 2/26/12
- NIH Delegation of Authority, Title 38/Premium Pay, dated 10/01/2003
- NIH Pay Guide - Premium Pay Limits
- Title 5 vs. Title 38 Premium Pay Comparison Chart
- Title 5 Premium Pay Coverage Chart (FLSA Exempt)
- Title 5 Premium Pay Coverage Chart (FLSA Non-Exempt)
- FLSA Fact Sheet
- Federal Wage System Premium Pay Coverage Chart
- Firefighter Premium Pay Coverage Chart (FLSA Exempt)
- Firefighter Premium Pay Coverage Chart (FLSA Non-Exempt)
- Occupational Coverage Chart of Title 38 Premium Pay
- Overtime Fact Sheet
- Overtime Decision Tree
This authority authorizes agencies to reimburse eligible employees for expenses to obtain professional credentials in certain circumstances.
HHS Instruction
NIH Guidance
- NIH Delegation of Authority, Use of Appropriated Funds to Reimburse Professional Licensures, Certification, Accreditation, Examination, and related Expenses, dated 6/14/2017
- SOP on Reimbursement of Expenses to Obtain Professional Credentials
- NIH Pay Guide - Reimbursement of Expenses to Obtain Professional Credentials
Form and Case Preparation Documents
Employees with positions classified under the General Schedule and Federal Wage Systems may appeal the determination of their position’s grade, occupational series, or title.
Regulations and HHS Guidance
- 5 CFR 511, Subpart F – Classification Appeals
- 5 CFR 532, Subparts F and G, Job Grading System and Job Grading Reviews and Appeals
- HHS Instruction 511-1: Position Classification, dated January 1, 2016
OPM Guidance
NIH Guidance
Employees’ FLSA categorization as “Exempt” (not covered) or “Nonexempt” (covered) impacts their pay and receipt of overtime pay.
Laws and Regulations
- 29 U.S.C. Chapter 8, Fair Labor Standards
- 5 CFR 551, Pay Administration Under the Fair Labor Standards Act
- Federal Register, Pay Administration Under the Fair Labor Standards Act
OPM Guidance
- Applying FLSA Overtime Provisions to Law Enforcement Employees Receiving Administratively Uncontrollable Overtime Pay
- Fact Sheet - How to Compute FLSA Overtime Pay
NIH Guidance
When erroneous payments occur, authorized officials have the discretion to waive recovery of overpayments, if it is determined that collection would be against equity and good conscience. Employees have three years from notification of the debt to request a waiver.
- 5 U.S.C. 5584, Claims for Overpayment of Pay and Allowances, and of Travel, Transportation and Relocation Expenses and Allowances
- 5 U.S.C. 5514, Installment Deduction for Indebtedness to the United States
- 31 U.S.C. Subchapter II - Claims of the United States Government
- 5 CFR 550.1104, Agency Regulations
- 31 CFR parts 900-904, Federal Claims Collection Standards
- Debt Guide for Employees
OPM Guidance
NIH Guidance
- NIH Delegation of Authority, Waivers of Claims Arising out of Erroneous Overpayments, dated 10/06/98
- NIH SOP - Waivers of Overpayment
- Who to Contact with a Waiver of Overpayment Request