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This chart shows the principal statutory pay caps in the
Department, and provides links to the corresponding statutes. Unless
otherwise indicated, pay caps are applied on an annual basis,
and pay rates do not include locality pay and law enforcement
officer (LEO) special pay adjustments. The Office of Personnel
Management Web site provides
2009 rates for the Executive Schedule (EX) and the Senior Executive Service
(ES), as well as General Schedule (GS) rates for non-LEOs and LEOs.
(
2008 rates are also available.)
| Pay Level |
Cap Applies To |
Statute |
| EX-I |
Aggregate compensation |
5 U.S.C. 5307 |
| EX-III |
Basic pay, plus locality pay and LEO special pay adjustments (applies to non-GS pay plans (e.g., SES, FBI/DEA SES, senior-level, administrative law judge (ALJ), Immigration Judge) |
5 U.S.C. 5304(g)(2) |
| EX-IV |
GS basic pay, plus locality pay and LEO special pay adjustments |
5 U.S.C. 5304(g)(1) |
| EX-IV |
Basic pay for certain non-GS pay plans (cap is applied before adding locality pay and LEO special pay adjustments) |
SES: 5 U.S.C. 5382(b)
FBI/DEA SES: 5 U.S.C. 3151(a)(3)
Senior Level: 5 U.S.C. 5376(b)(1)(B)
ALJ: 5 U.S.C. 5372(b)(1) |
| EX-IV |
Basic pay plus locality pay for certain administratively-determined pay plans |
U.S. Attorneys and Assistant U.S. Attorneys: 28 U.S.C. 548
U.S. Trustees and Assistant U.S. Trustees: 28 U.S.C. 587 |
| 92 percent of the rate of basic pay for ES-5 |
Basic pay for Immigration Judges (cap is applied before adding locality pay) |
Section 371 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208, September 30, 1996)
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| EX-V |
GS basic pay, including special salary rates and retained rates (cap is applied before adding locality pay) |
5 U.S.C. 5303(f) |
| Greater of GS-15, Step 10 or EX-V (biweekly or annual) |
Basic pay plus locality pay and most types of title 5 premium pay |
5 U.S.C. 5547, as amended by
Section 1114 of P.L. 107-107 |
| Greater of ---> 1) rate of basic pay, plus locality pay and LEO special pay adjustments, or 2) one and one-half times: the rate for GS-10, Step 1 plus locality pay and LEO special pay adjustments (hourly) |
LEO hourly overtime rate under title 5 (includes locality pay and LEO special pay adjustments) |
5 U.S.C. 5542(a)(4) |
| One and one-half times: the rate for GS-10, Step 1 plus locality pay (hourly) |
Non-LEO hourly overtime rate under title 5 (includes locality pay) |
5 U.S.C. 5542(a)(2) |
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