[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Pages 4592-4593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1714]


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OFFICE OF PERSONNEL MANAGEMENT


January 2010 Pay Adjustments

AGENCY: U.S. Office of Personnel Management.

ACTION: Notice.

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SUMMARY: The President adjusted the rates of basic pay and locality 
payments for certain categories of Federal employees effective in 
January 2010. This notice documents those pay adjustments for the 
public record.

FOR FURTHER INFORMATION CONTACT: Lisa Dismond, Pay and Leave, Employee 
Services, U.S. Office of Personnel Management; (202) 606-2858; FAX 
(202) 606-0824; or email to [email protected].

SUPPLEMENTARY INFORMATION: On December 23, 2009, the President signed 
Executive Order 13525 (74 FR 69231), which implemented the January 2010 
pay adjustments. The President made these adjustments consistent with 
Public Law 111-117, December 16, 2009, which authorized an overall 
average pay increase of 2.0 percent for the ``statutory pay systems,'' 
including the General Schedule (GS).
    Schedule 1 of Executive Order 13525 provides the rates for the 2010 
General Schedule and reflects a 1.5 percent across-the-board increase. 
Executive Order 13525 also includes the percentage amounts of the 2010 
locality payments. (See Section 5 and Schedule 9 of Executive Order 
13525.)
    The publication of this notice satisfies the requirement in section 
5(b) of Executive Order 13525 that the U.S. Office of Personnel 
Management (OPM) publish appropriate notice of the 2010 locality 
payments in the Federal Register.
    GS employees receive locality payments under 5 U.S.C. 5304. 
Locality payments apply in the United States (as defined in 5 U.S.C. 
5921(4)) and its territories and possessions. In 2010, locality 
payments ranging from 4.72 percent to 35.15 percent apply to GS 
employees in the 32 locality pay areas, Alaska, Hawaii, and the 
territories and possessions.
    The 2010 locality pay percentages, which replaced the 2009 locality 
pay percentages, became effective on the first day of the first pay 
period beginning on or after January 1, 2010 (January 3, 2010). An 
employee's locality rate of pay is computed by increasing his or her 
scheduled annual rate of pay (as defined in 5 CFR 531.602) by the 
applicable locality pay percentage. (See 5 CFR 531.604 and 531.609.) 
(The 2010 locality pay area definitions can be found at http://www.opm.gov/oca/10tables/locdef.asp. The Non-Foreign Area Retirement 
Equity Assurance Act of 2009 contained in subtitle B (sections 1911-
1919) of title XIX of the National Defense Authorization Act for Fiscal 
Year 2010 (Pub. L. 111-84, October 28, 2009) extends coverage of the 
locality pay program to employees in Alaska, Hawaii, and the other 
nonforeign areas beginning in 2010. For 2010, the statute provides that 
employees in each of these areas receive one-third of the locality pay 
percentage approved for the Rest of United States locality pay area.)
    Executive Order 13525 establishes the new Executive Schedule, which 
incorporates a 1.5 percent increase required under 5 U.S.C. 5318 
(rounded to the nearest $100). By law, Executive Schedule officials are 
not authorized to receive locality payments.
    Executive Order 13525 establishes the range of rates of basic pay 
for senior executives in the Senior Executive Service (SES), as 
established pursuant to 5 U.S.C. 5382. The minimum rate of basic pay 
for the SES may not be less than the minimum rate payable under 5 
U.S.C. 5376 for senior-level positions ($119,554 in 2010). The maximum 
rate of the SES rate range is level II of the Executive Schedule 
($179,700 in 2010) for SES members covered by a certified SES 
performance appraisal system and level III of the Executive Schedule 
($165,300 in 2010) for SES members covered by an SES performance

[[Page 4593]]

appraisal system that has not been certified.
    The minimum rate of basic pay for the senior-level (SL) and 
scientific and professional (ST) rate range was increased by 1.5 
percent ($119,554 in 2010), which is the amount of the across-the-board 
GS increase. The applicable maximum rate of the SL/ST rate range is 
level II of the Executive Schedule ($179,700 in 2010) for SL or ST 
employees covered by a certified SL/ST performance appraisal system and 
level III of the Executive Schedule ($165,300 in 2010) for SL or ST 
employees covered by an SL/ST performance appraisal system that has not 
been certified. Agencies with certified performance appraisal systems 
in 2010 for SES members and employees in SL and ST positions also must 
apply a higher aggregate limitation on pay--up to the Vice President's 
salary ($230,700 in 2010).
    By law, SES members and employees in SL and ST positions are not 
authorized to receive locality payments.

    Note: An exception applies to SES, SL, and ST employees 
stationed in a nonforeign area on January 2, 2010, which is 
explained in an OPM memorandum, CPM 2009-27. (See http://www.opm.gov/oca/compmemo/index.asp.)

    The Executive order adjusted the rates of basic pay for 
administrative law judges (ALJs) by 1.5 percent, rounded to the nearest 
$100. The maximum rate of basic pay for ALJs is set by law at the rate 
for level IV of the Executive Schedule, which is now $155,500. The rate 
of basic pay for AL-2 is $151,800. The rates of basic pay for AL-3/A 
through 3/F range from $103,900 to $143,700. (See 5 U.S.C. 5372.)
    The rates of basic pay for members of Contract Appeals Boards are 
calculated as a percentage of the rate for level IV of the Executive 
Schedule. (See 5 U.S.C. 5372a.) Therefore, these rates of basic pay 
were increased by approximately 1.5 percent.
    On October 23, 2009, the President's Pay Agent extended the 2010 
locality-based comparability payments to certain categories of non-GS 
employees. The Governmentwide categories include ALJs and Contract 
Appeals Board members. The maximum locality rate of pay for these 
employees is the rate for level III of the Executive Schedule ($165,300 
in 2010).
    On December 23, 2009, OPM issued a memorandum (CPM 2009-23) on the 
January 2010 pay adjustments. (See http://www.opm.gov/oca/compmemo/index.asp.) The memorandum transmitted Executive Order 13525 and 
provided the 2010 salary tables, locality pay areas and percentages, 
and information on general pay administration matters and other related 
information. The ``2010 Salary Tables'' posted on OPM's Web site at: 
http://www.opm.gov/oca/10tables/index.asp are the official rates of pay 
for affected employees and are hereby incorporated as part of this 
notice.


U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2010-1714 Filed 1-27-10; 8:45 am]
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