[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Notices]
[Pages 22078-22079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08656]


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OFFICE OF PERSONNEL MANAGEMENT


January 2021 Pay Schedules

AGENCY: Office of Personnel Management.

ACTION: Notice.

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SUMMARY: The President adjusted the rates of basic pay and locality 
payments for certain Federal civilian employees effective in January 
2021. The Executive order authorizes a 1.0 percent across-the-board 
increase for statutory pay systems and provides that locality 
percentages will remain at 2020 levels. This notice serves as 
documentation for the public record.

FOR FURTHER INFORMATION CONTACT: Kristen Foy, Pay and Leave, Employee 
Services, Office of Personnel Management; (202) 606-4194 or [email protected].

SUPPLEMENTARY INFORMATION: On December 31, 2020, the President signed 
Executive Order (E.O.) 13970 (86 FR 421), which implemented pay 
adjustments for certain Federal civilian employees in January 2021. 
This is consistent with the President's alternative pay plan issued 
under 5 U.S.C. 5303(b) and 5304a on February 10, 2020. The pay rates in 
E.O. 13901 have been superseded.
    The publication of this notice satisfies the requirement in Section 
5(b) of E.O. 13970 that the Office of Personnel Management (OPM) 
publish appropriate notice of the 2021 locality payments in the Federal 
Register.
    Schedule 1 of E.O. 13970 provides the rates for the 2021 General 
Schedule (GS) and reflects a 1.0 percent increase from 2020. Executive 
Order 13970 also includes the percentage amounts of the 2021 locality 
payments, which remain at 2020 levels. (See Section 5 and Schedule 9 of 
Executive Order 13970.)
    General Schedule 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 2021, locality 
payments ranging from 15.95 percent to 41.44 percent apply to GS 
employees in the 54 locality pay areas. The 2021 locality pay area 
definitions can be found at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2021/locality-pay-area-definitions/.
    The 2021 locality pay percentages became effective the first day of 
the first pay period beginning on or after January 1, 2021 (January 3, 
2021). 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.)
    Executive Order 13970 establishes the new Executive Schedule (EX), 
which incorporates a 1.0 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 13970 establishes the 2021 range of rates of basic 
pay for members of the Senior Executive Service (SES) under 5 U.S.C. 
5382. The minimum rate of basic pay for the SES is $132,552 in 2021. 
The maximum rate of the SES rate range is $199,300 (level II of the 
Executive Schedule) for SES members who are covered by a certified SES 
performance appraisal system and $183,300 (level III of the Executive 
Schedule) for SES members who are not covered by a certified SES 
performance appraisal system.
    The minimum rate of basic pay for the senior-level (SL) and 
scientific and professional (ST) rate range was increased by 1.0 
percent ($132,552 in 2021), which is the amount of the across-the-board 
GS increase. The applicable maximum rate of the SL/ST rate range is 
$199,300 (level II of the Executive Schedule) for SL or ST employees 
who are covered by a certified SL/ST performance appraisal system and 
$183,300 (level III of the Executive Schedule) for SL or ST employees 
who are not covered by a certified SL/ST performance appraisal system. 
Agencies with certified performance appraisal systems for SES

[[Page 22079]]

members and employees in SL and ST positions must also apply a higher 
aggregate limitation on pay--up to the Vice President's salary 
($255,800 in 2021.)
    Note that section 748 of division E of the Consolidated 
Appropriations Act, 2021 (Pub. L. 116-260, December 27, 2020), contains 
a provision that continues the pay freeze on the payable pay rates for 
the Vice President and certain senior political appointees at the rates 
of pay and applicable limitations on payable rates of pay in effect on 
December 31, 2020, by operation of section 749 of division C of Public 
Law 116-93 (December 20, 2019). The section 748 pay freeze is scheduled 
to end on the last day of the last pay period that begins in calendar 
year 2021 (i.e., January 1, 2022, for those on the standard biweekly 
pay period cycle). Future Congressional action will determine whether 
the pay freeze continues beyond that date. OPM guidance on the 2021 pay 
freeze for certain senior political officials can be found in CPM 2021-
04 at https://www.chcoc.gov/content/continued-pay-freeze-certain-senior-political-officials-4.
    Executive Order 13970 provides that the rates of basic pay for 
administrative law judges (ALJs) under 5 U.S.C. 5372 are increased by 
1.0 percent (rounded to the nearest $100) in 2021. The rate of basic 
pay for AL-1 is $172,500 (equivalent to the rate for level IV of the 
Executive Schedule). The rate of basic pay for AL-2 is $168,200. The 
rates of basic pay for AL-3/A through 3/F range from $115,100 to 
$159,400.
    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 are 
increased by 1.0 percent in 2021.
    On November 27, 2020, OPM issued a memorandum on behalf of the 
President's Pay Agent (the Secretary of Labor and the Directors of the 
Office of Management and Budget and OPM) that continues GS locality 
payments for ALJs and certain other non-GS employee categories in 2021. 
By law, EX officials, SES members, employees in SL/ST positions, and 
employees in certain other equivalent pay systems are not authorized to 
receive locality payments. (Note: An exception applies to certain 
grandfathered SES, SL, and ST employees stationed in a nonforeign area 
on January 2, 2010. See CPM 2009-27 at https://www.chcoc.gov/content/nonforeign-area-retirement-equity-assurance-act.) The memo is available 
at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2020/extension-of-locality-pay-memo-for-non-gs-employees-2021.pdf.
    On January 1, 2021, OPM issued a memorandum (CPM 2021-01) on the 
2021 pay adjustments. (See https://www.chcoc.gov/content/january-2021-pay-adjustments.) The memorandum transmitted Executive Order 13970 and 
provided the 2021 salary tables, locality pay areas and percentages, 
and information on general pay administration matters and other related 
guidance. The ``2021 Salary Tables'' posted on OPM's website at http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/ are the 
official rates of pay for affected employees and are hereby 
incorporated as part of this notice.

Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
[FR Doc. 2021-08656 Filed 4-23-21; 8:45 am]
BILLING CODE 6325-39-P