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HR Order DOJ1200.1: Part 2. Compensation: Chapter 2-9, Supervisory Differentials (Jan. 28, 2000)

A.   References.


5 U.S.C. 5755

Code of Federal Regulations 5 CFR Part 575, Subpart D
Key term Continuing pay

B.   Policy.

  1. This chapter establishes the Department's policy on paying supervisory differentials to GS supervisors.
  2. Consistent with law, regulation, this chapter, and the availability of funds for such purpose, a supervisory differential may be paid to a GS supervisor who has direct, technical supervisory responsibility for one or more non-GS employees, and who in the absence of the differential would be paid less continuing pay than the highest paid non-GS subordinate.
  3. Higher-Level Approval. Each determination to pay a supervisory differential and the amount of the differential will be approved by an official who is at a higher level than the official who made the initial determination, unless that official is the Deputy Attorney General or the Attorney General.

    Note: Approving officials will consider the relationship in pay among GS supervisors in the same organizational component, as well as the relationship in pay between the supervisor and the non-GS subordinate.

  4. Approval Authority-General. Bureau heads may approve payment of supervisory differentials. Except as provided in Paragraph B.5. of this chapter, this authority may be redelegated to a level no lower than the Bureau Personnel Officer. Supervisory differentials for OBD employees must be approved by the Director, Human Resources Staff, Justice Management Division.
  5. Approval Authority--Bureau of Prisons. The Bureau of Prisons' authority to approve supervisory differentials may be redelegated to any official no lower than the level of human resource manager at an institution.
  6. Setting Differential Amounts. To avoid the need to frequently adjust the amounts of supervisory differential, supervisory differentials should be authorized only when there are significant differences in continuing pay. Authorizing officials should set the differential amount so as to minimize the need for frequent adjustments because of predictable changes in continuing pay.

Note: As provided in 5 U.S.C. 5755 and 5 CFR 575.405(b), the amount of a supervisory differential may not cause the supervisor's continuing pay to exceed the continuing pay of the highest paid subordinate by more than three percent. Also, as provided in 5 CFR 575.402(b), a supervisory differential may not be paid on the basis of supervising a civilian employee whose rate of basic pay exceeds the maximum rate of basic pay established for GS-15 on the pay schedule applicable to the GS supervisor.

C.   Documentation.

  1. Each determination to pay a supervisory differential, including the amount of the differential, will be made in writing.
  2. Upon approval, payment of the differential will be documented by preparing an SF-50 and filing it in the employee's OPF.

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Updated May 7, 2021