Critical Position Pay Authority

The Office of Personnel Management (OPM) proposes to amend its regulations governing critical position pay authority to remove the requirement for Presidential approval of critical pay rates in excess of the rate payable for level I of the Executive Schedule (EX-I) and the regulatory limitation that exceeding the rate of EX-I be established only in “rare circumstances.” Those requirements are not prescribed by statute and are unnecessary in light of existing delegated authority. OPM also proposes to remove the EX-II pay rate threshold and establishes the rate for EX-I as the default maximum rate consistent with law, with rates above EX-I subject to written approval by the Director of OPM. This proposed rule aligns OPM’s regulations with governing law and delegated authority, reduces administrative burden, and improves the administration of critical position pay authority.