Pay Administration
Overview
The Office of Personnel Management (OPM) provides leadership on pay administration for civilian Federal employees. We accomplish this by developing and maintaining Governmentwide regulations and policies on authorities such as basic pay setting, locality pay, special rates, back pay, pay limitations, premium pay, grade and pay retention, severance pay, and recruitment, relocation, and retention incentives. Ultimately, each Federal agency is responsible for complying with the law and regulations and following OPM's policies and guidance to administer pay policies and programs for its own employees.
Pay Policy Updates
- Recent Pay and Leave-Related Legislative Changes | CHCOC
- Request for Data for the FY 2022 Physicians’ Comparability Allowance Report to Congress | CHCOC
- Request for CY 2022 Data on Student Loan Repayments | CHCOC
Highlights
- Pay and Leave Flexibilities for Recruitment and Retention
- Biweekly Caps on Premium Pay
- Back Pay
- Federal Employee Compensation Package: It’s More than Just Salary
- Compensation Flexibilities to Recruit and Retain Cybersecurity Professionals
- Grade and Pay Retention Examples
- U.S. Department of Education Public Service Loan Forgiveness Program
Related Information
Reservist Differential
Federal Civilian Employees Called to Active Duty
Section 751 of the Omnibus Appropriations Act, 2009 (Public Law 111-8, March 11, 2009) added section 5538 to title 5, United States Code. This section provides a benefit to certain Federal civilian employees who are (1) absent from employment with the Federal Government because they are ordered to perform active duty in the uniformed services under 10 U.S.C. 12304b or a provision of law specifically referenced in 10 U.S.C. 101(a)(13)(B) and (2) entitled to reemployment rights under 38 U.S.C. chapter 43 based on such absence.
Information on Reservist Differential
- Policy Guidance (Print Version)
- Reservist Differential Policy Guidance Supplement (Attachment to CPM 2011-06, 04/13/2011)
- Reservist Differential - Summary Description
- Reservist Differential Implementation Guidance
- Reservist Differential FAQs
Additional Information on Reservist Benefits
Historical Memos
- Reservist Differential Policy Update Memo (CPM 2011-06, 04/13/2011)
- Reservist Differential Implementation Update Memo (CPM 2010-09, 04/14/2010)
- Reservist Differential Memo (CPM 2009-19, 12/08/2009)
- Nonreduction in Pay for Certain Federal Civilian Employees on Active Duty in the Uniformed Services or National Guard Memo (CPM 2009-07, 04/03/2009)
Policy Guidance
This document provides guidance to agencies on implementing a law providing differential payments to eligible Federal civilian employees who are members of the Reserve or National Guard (hereafter referred to as “reservists”) called or ordered to active duty under certain specified provisions of law.
Summary Description
Overview
Under 5 U.S.C. 5538, employing agencies must pay differential payments to eligible Federal civilian employees who are members of the Reserve or National Guard (hereafter referred to as "reservists") called or ordered to active duty under certain specified provisions of law. Federal agencies must provide a payment (a "reservist differential") equal to the amount by which an employee's projected civilian "basic pay" for a covered pay period exceeds the employee's actual military "pay and allowances" allocable to that pay period.
Section 5538 became effective on the first day of the first pay period beginning on or after March 11, 2009 (i.e., March 15, 2009, for executive branch employees on the standard biweekly payroll cycle).
Coverage
Section 5538 applies to all employees and agencies within the Federal Government (executive, legislative, and judicial branches) unless the employee or agency is excluded from coverage by other provision of law.
Qualifying Period
A reservist differential under section 5538 is payable to an employee during a "qualifying period" during which the employee meets both of the following conditions:
- A covered employee is absent from a Federal civilian position in order to perform active duty in the uniformed services pursuant to a call or order to active duty under section 688, 12301(a), 12302, 12304, 12304a, 12304b, 12305, or 12406, of title 10, United States Code; chapter 13 of title 10, United States Code; or section 3713 of title 14, United States Code; and is serving on such qualifying active duty; and
- The employee is entitled to reemployment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA - 38 U.S.C. chapter 43) for such active duty.
Note:
Effective on the first pay period beginning on or after December 16, 2009, section 745 of Public Law 111-117 amended 5 U.S.C. 5538 to clarify that the reservist differential is not payable for periods following completion of active duty. The treatment of prior pay periods is addressed in the “Reservist Differential Policy Guidance Supplement”, which is posted as an attachment to the OPM memorandum “Reservist Differential Policy Update” (CPM 2011-06, 04/13/2011).
The employee-reservist must provide their employing agency with a copy of their military orders. The employing agency will determine whether the employee-reservist meets the conditions described above.
Pay and Leave Status
The receipt of a reservist differential does not affect an employee’s civilian pay and leave status. While absent from the civilian job, the employee is considered to be on leave without pay unless the employee takes civilian paid leave or other paid time off. The employee may use paid time off (e.g., military leave, annual leave, credit hours, compensatory time off), as available to the employee, subject to the normal conditions governing use of the particular paid time off. However, as required by 5 U.S.C. 6323(b), sick leave may not be used during a period of duty as a reservist that meets the conditions in that subsection. A reservist may not receive the reservist differential for periods during which he or she uses paid time off, since the reservist is already receiving full civilian pay for such periods. (During civilian paid time off, the reservist receives full military pay and full civilian pay, except that civilian pay is offset by military pay when an employee uses military leave under 5 U.S.C. 6323(b). During civilian leave without pay periods, the reservist receives full military pay and may receive a reservist differential, which represents the amount by which civilian basic pay exceeds military pay and allowances.) Thus, the reservist differential for a pay period will be adjusted to account for any hours of paid time off.
There are two types of military leave that may be used by civilian employees during qualifying military active duty:
- Regular military leave under 5 U.S.C. 6323(a) - providing 15 days of leave each fiscal year with no military pay offset (i.e., full military and civilian pay); and
- Special military leave for contingency operations or law enforcement purposes under 5 U.S.C. 6323(b) - providing up to 22 days of leave each calendar year but with civilian pay offset by the amount of military pay allocated to those leave days, as required by 5 U.S.C. 5519.
In considering whether to use special military leave under section 6323(b) or to receive a reservist differential, employees should take into account the following facts:
- When payments for military leave are offset by military pay, only civilian workdays are considered. Thus, an employee on military leave under section 6323(b) for a biweekly pay period can receive 10 days of paid leave (offset by military pay for those days) plus 4 days of military pay for the civilian nonworkdays (i.e., for most employees, weekend days). This means the total pay for the period can exceed the regular civilian pay for the period.
- The amount of the reservist differential depends solely on the amount of civilian basic pay, while the payment for military leave may reflect additional types of civilian pay.
Projected Civilian Basic Pay
The employing agency must determine the projected gross amount of civilian "basic pay" that would otherwise have been payable to an employee for each pay period within a qualifying period if the employee's civilian employment had not been interrupted by military active duty. Only "basic pay" as defined in OPM guidance is considered.
The employing agency must adjust an employee's projected rate of basic pay as it would have been adjusted (with reasonable certainty) but for the interruption of military active duty. This would include general increases, locality pay increases, and within-grade increases (based on longevity and acceptable performance). It could also include certain career-ladder promotion increases and performance-based basic pay increases, if the reasonable certainty standard is met.
Military Pay and Allowances
The employee-reservist must provide their employing agency with a copy of their monthly military leave and earnings statement for each affected month. Based on those statements, the employing agency must determine the actual paid gross amount of military pay and allowances allocable to each pay period in a qualifying period. A definition of "military pay and allowances" is included in OPM guidance. Military pay and allowances are payable on a monthly basis. For each affected month, a daily rate will be computed by dividing the monthly total by 30 days for full months or by the actual number of days for partial months. Military pay and allowances will be allocated to a civilian pay period (usually a 2-week period) based on the applicable daily rate for days within the pay period.
Computation of Differential
For each civilian pay period, the employing agency must compare the projected civilian basic pay to the allocated military pay and allowances. If the allocated military pay and allowances are greater than or equal to the projected civilian basic pay, no reservist differential is payable for that pay period. If the projected civilian basic pay is greater than the allocated military pay and allowances, the difference represents the unadjusted reservist differential.
The reservist differential is not payable for periods during which the employee is receiving civilian basic pay for performing work or using civilian paid leave or other paid time off. Thus, the unadjusted reservist differential must be adjusted (reduced) to take into account any paid hours (paid work or paid time off). The agency must follow the adjustment methodology prescribed by OPM in its guidance.
Payment
The reservist differential must be paid from the same appropriation or fund that would have been used to pay the employee's civilian salary but for the interruption to perform military active duty. Reservist differentials should be paid at the same frequency as regular civilian salary payments (e.g., generally on a biweekly basis for executive branch employees). Given the need to obtain information about an individual's military pay and allowances and other matters to accurately compute the reservist differential, a reservist differential is considered due and payable on a scheduled date that is no later than 8 weeks (4 biweekly pay periods) after the normal civilian salary payment date for a given pay period, except that this scheduled date may be pushed back beyond 8 weeks if the employee does not provide the agency with a copy of any needed military orders and military leave and earnings statement on a timely basis.
The reservist differential is not basic pay for any purpose. The reservist differential is considered to be pay for the purposes of various other laws governing Federal employee compensation (e.g., laws governing salary offset for debt collection, waiver of overpayments, garnishment, back pay). However, the reservist differential will not be counted as part of aggregate compensation in applying the aggregate pay limit in 5 U.S.C. 5307.
Taxability
The Internal Revenue Service has given OPM the following guidance regarding the treatment of reservist differentials paid under 5 U.S.C. 5538 for Federal tax purposes:
- Reservist differentials are taxable income for Federal income tax purposes.
- Reservist differentials are treated as wages for Federal income tax withholding purposes, regardless of the length of the active duty. Reservist differentials would be reported as wages in box 1 of Form W-2 and in line 7 of Form 1040.
- Reservist differentials are not subject to FICA (Social Security and Medicare) taxes if those differential payments are paid for periods of active duty of more than 30 days.
- Reservist differentials are subject to FICA taxes if those differential payments are paid for periods of active duty of 30 days or less.
References
- 5 U.S.C. 5538 [added by section 751 of the Omnibus Appropriations Act, 2009 (Public Law 111-8, March 11, 2009) and amended by section 745 of the Consolidated Appropriations Act, 2010 (Public Law 111-117, December 16, 2009) and section 605 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232, August 13, 2018)]
-
OPM Policy Guidance Regarding Reservist Differential under 5 U.S.C. 5538, originally issued on December 8, 2009, via memorandum to agency Chief Human Capital Officers, and most recently amended and reissued on June 23, 2015
Biweekly Caps on Premium Pay
2024
Biweekly Premium Pay Limitation
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement) or (2) the rate payable for level V of the Executive Schedule.
Annual Premium Pay Limitation
In certain emergency or mission-critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5U.S.C. 5547(b) and 5 CFR 550.106-550.107.) The annual premium pay cap is equal to the greater of the annual rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement) or (2) level V of the Executive Schedule, using the rates in effect at the end of the given calendar year (5 CFR 550.106(c)). Neither OPM nor agencies have general authority to waive the biweekly or annual premium pay caps established under 5 U.S.C. 5547.Exceptions to those caps require specific legislation.
Premium Pay Limitations in 2024
The table below provides the biweekly and annual premium pay caps for 2024 by locality pay area. Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table. The biweekly premium pay cap for such employees must be computed using the procedures in the “Computation” section below. Locality rates under 5 U.S.C. 5304 and special rates under 5 U.S.C. 5305 for most GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $191,900 in 2024.
When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
Computation
The biweekly premium pay cap is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $191,900 divided by 2,087 hours yields an hourly rate of $91.95 and a biweekly rate of $7,356.00 ($91.95 x 80 hours). Similarly, the Executive Schedule level V annual rate of $180,000 divided by 2,087 hours yields an hourly rate of $86.25 and a biweekly rate of $6,900.00 ($86.25 x 80 hours).
The annual premium pay cap is computed under 5 CFR 550.106(d) by (1) dividing the applicable end-of-year published annual rate by 2,087 hours, (2) multiplying the resulting hourly rate by 80 hours, and (3) multiplying the resulting biweekly rate by the number of biweekly pay periods for which a salary payment is issued in the given calendar year under the agency’s payroll cycle (i.e., either 26 or 27 pay periods). The annual caps listed in the table below apply to employees with 26 biweekly salary payments in 2024. The caps do not match the published annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $191,900 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $191,256.00. ($191,900 / 2,087 = $91.95. $91.95 x 80 = $7,356.00. $7,356.00 x 26 = $191,256.00.) Similarly, the EX‑V annual rate is $180,000, but the corresponding annual premium pay cap based on 26 payments is $179,400. However, if employees instead have 27 biweekly salary payments during 2024, for those employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
Note: The annual premium pay cap applies to basic pay and premium pay earned in biweekly pay periods that have a payroll pay date in the given calendar year. Depending on the year and the agency’s payroll cycle, there may be 26 or 27 pay periods covered by an annual premium pay cap. For example, under a given agency’s payroll cycle, the biweekly pay period covering December 17, 2023, through December 30, 2023, may be the first biweekly pay period with a payroll pay date in calendar year 2024 (e.g., January 5, 10, etc.). Basic pay and premium pay for that pay period would be included in applying the annual premium pay cap for 2024. For that same agency, the biweekly pay period covering December 1-14, 2024, could be the last biweekly pay period with a payroll pay date in calendar year 2024 (e.g., December 20, 24, etc.). Basic pay and premium pay for that pay period would also be included in applying the annual premium pay cap for 2024. (Note: Different agencies may have a different set of covered pay periods for calendar year 2024, since payroll pay dates vary by payroll provider and agency.)
Effective Date
These caps are effective as of the first day of the first pay period beginning on or after January 1, 2024 (January 14, 2024, based on the standard biweekly payroll cycle).
| Locality Pay Area | Locality Pay Percentage | Biweekly Cap | Annual Cap Assuming 26 Biweekly Salary Payments |
|---|---|---|---|
|
Alaska |
31.96% |
7,356.00 |
191,256.00 |
|
Albany-Schenectady, NY-MA |
20.25% |
7,356.00 |
191,256.00 |
|
Albuquerque-Santa Fe-Las Vegas, NM |
18.05% |
7,237.60 |
188,177.60 |
|
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL |
23.45% |
7,356.00 |
191,256.00 |
|
Austin-Round Rock, TX |
19.99% |
7,356.00 |
191,256.00 |
|
Birmingham-Hoover-Talladega, AL |
17.91% |
7,229.60 |
187,969.60 |
|
Boston-Worcester-Providence, MA-RI-NH-ME |
31.97% |
7,356.00 |
191,256.00 |
|
Buffalo-Cheektowaga, NY |
21.99% |
7,356.00 |
191,256.00 |
|
Burlington-South Burlington, VT |
18.97% |
7,294.40 |
189,654.40 |
|
Charlotte-Concord, NC-SC |
19.26% |
7,312.00 |
190,112.00 |
|
Chicago-Naperville, IL-IN-WI |
30.41% |
7,356.00 |
191,256.00 |
|
Cincinnati-Wilmington-Maysville, OH-KY-IN |
21.69% |
7,356.00 |
191,256.00 |
|
Cleveland-Akron-Canton, OH |
22.01% |
7,356.00 |
191,256.00 |
|
Colorado Springs, CO |
19.73% |
7,340.80 |
190,860.80 |
|
Columbus-Marion-Zanesville, OH |
21.80% |
7,356.00 |
191,256.00 |
|
Corpus Christi-Kingsville-Alice, TX |
17.40% |
7,198.40 |
187,158.40 |
|
Dallas-Fort Worth, TX-OK |
26.91% |
7,356.00 |
191,256.00 |
|
Davenport-Moline, IA-IL |
18.66% |
7,275.20 |
189,155.20 |
|
Dayton-Springfield-Sidney, OH |
21.14% |
7,356.00 |
191,256.00 |
|
Denver-Aurora, CO |
29.88% |
7,356.00 |
191,256.00 |
|
Des Moines-Ames-West Des Moines, IA |
17.68% |
7,215.20 |
187,595.20 |
|
Detroit-Warren-Ann Arbor, MI |
28.82% |
7,356.00 |
191,256.00 |
|
Fresno-Madera, Hanford, CA |
17.15% |
7,182.40 |
186,742.40 |
|
Harrisburg-Lebanon, PA |
19.10% |
7,302.40 |
189,862.40 |
|
Hartford-West Hartford, CT-MA |
31.62% |
7,356.00 |
191,256.00 |
|
Hawaii |
21.79% |
7,356.00 |
191,256.00 |
|
Houston-The Woodlands, TX |
34.72% |
7,356.00 |
191,256.00 |
|
Huntsville-Decatur-Albertville, AL |
21.48% |
7,356.00 |
191,256.00 |
|
Indianapolis-Carmel-Muncie, IN |
17.89% |
7,228.00 |
187,928.00 |
|
Kansas City-Overland Park-Kansas City, MO-KS |
18.65% |
7,274.40 |
189,134.40 |
|
Laredo, TX |
21.33% |
7,356.00 |
191,256.00 |
|
Las Vegas-Henderson, NV-AZ |
19.23% |
7,310.40 |
190,070.40 |
|
Los Angeles-Long Beach, CA |
35.84% |
7,356.00 |
191,256.00 |
|
Miami-Fort Lauderdale-Port St. Lucie, FL |
24.42% |
7,356.00 |
191,256.00 |
|
Milwaukee-Racine-Waukesha, WI |
22.15% |
7,356.00 |
191,256.00 |
|
Minneapolis-St. Paul, MN-WI |
27.15% |
7,356.00 |
191,256.00 |
|
New York-Newark, NY-NJ-CT-PA |
37.24% |
7,356.00 |
191,256.00 |
|
Omaha-Council Bluffs-Fremont, NE-IA |
17.94% |
7,231.20 |
188,011.20 |
|
Palm Bay-Melbourne-Titusville, FL |
17.60% |
7,210.40 |
187,470.40 |
|
Philadelphia-Reading-Camden, PA-NJ-DE-MD |
28.55% |
7,356.00 |
191,256.00 |
|
Phoenix-Mesa-Scottsdale, AZ |
22.02% |
7,356.00 |
191,256.00 |
|
Pittsburgh-New Castle-Weirton, PA-OH-WV |
20.78% |
7,356.00 |
191,256.00 |
|
Portland-Vancouver-Salem, OR-WA |
25.66% |
7,356.00 |
191,256.00 |
|
Raleigh-Durham-Chapel Hill, NC |
21.90% |
7,356.00 |
191,256.00 |
|
Reno-Fernley, NV |
17.11% |
7,180.00 |
186,680.00 |
|
Richmond, VA |
21.91% |
7,356.00 |
191,256.00 |
|
Rochester-Batavia-Seneca Falls, NY |
17.35% |
7,195.20 |
187,075.20 |
|
Sacramento-Roseville, CA-NV |
29.16% |
7,356.00 |
191,256.00 |
|
San Antonio-New Braunfels-Pearsall, TX |
18.49% |
7,264.80 |
188,884.80 |
|
San Diego-Carlsbad, CA |
33.05% |
7,356.00 |
191,256.00 |
|
San Jose-San Francisco-Oakland, CA |
45.41% |
7,356.00 |
191,256.00 |
|
Seattle-Tacoma, WA |
30.81% |
7,356.00 |
191,256.00 |
|
Spokane-Spokane Valley-Coeur d’Alene, WA-ID |
17.18% |
7,184.80 |
186,804.80 |
|
St. Louis-St. Charles-Farmington, MO-IL |
19.63% |
7,335.20 |
190,715.20 |
|
Tucson-Nogales, AZ |
18.92% |
7,291.20 |
189,571.20 |
|
Virginia Beach-Norfolk, VA-NC |
18.46% |
7,263.20 |
188,843.20 |
|
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA |
33.26% |
7,356.00 |
191,256.00 |
|
Rest of United States |
16.82% |
7,162.40 |
186,222.40 |
|
Not in a Locality Pay Area (i.e., Outside of U.S) |
NA |
6,900.00 |
179,400.00 |
2023
Biweekly Premium Pay Limitation
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule.
Annual Premium Pay Limitation
In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) The annual premium pay cap is equal to the greater of the annual rate payable for: (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) level V of the Executive Schedule - using the rates in effect at the end of the given calendar year (5 CFR 550.106(c)). Neither OPM nor agencies have general authority to waive the biweekly or annual premium pay caps established under 5 U.S.C. 5547. Exceptions to those caps require specific legislation.
Premium Pay Limitations in 2023
The table below provides the biweekly and annual premium pay caps for 2023 by locality pay area. Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table. The biweekly premium pay cap for such employees must be computed using the procedures in the “Computation” section below. Locality rates under 5 U.S.C. 5304 and special rates under 5 U.S.C. 5305 for most GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $183,500 in 2023.
When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
Computation
The biweekly premium pay cap is computed by: (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $183,500 divided by 2,087 hours yields an hourly rate of $87.93 and a biweekly rate of $7,034.40 ($87.93 x 80 hours). Similarly, the Executive Schedule level V annual rate of $172,100 divided by 2,087 hours yields an hourly rate of $82.46 and a biweekly rate of $6,596.80 ($82.46 x 80 hours).
The annual premium pay cap is computed under 5 CFR 550.106(d) by: (1) dividing the applicable end-of-year published annual rate by 2,087 hours, (2) multiplying the resulting hourly rate by 80 hours, and (3) multiplying the resulting biweekly rate by the number of biweekly pay periods for which a salary payment is issued in the given calendar year under the agency’s payroll cycle (i.e., either 26 or 27 pay periods). The annual caps listed in the table below apply to employees with 26 biweekly salary payments in 2023.
The caps do not match the published annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $183,500 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $182,894.40. ($183,500 / 2,087 = $87.93. $87.93 x 80 = $7,034.40. $7,034.40 x 26 = $182,894.40.) Similarly, the EX V annual rate is $172,100, but the corresponding annual premium pay cap based on 26 payments is $171,516.80. However, if employees instead have 27 biweekly salary payments during 2023, for those employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
Note: The annual premium pay cap applies to basic pay and premium pay earned in biweekly pay periods that have a payroll pay date in the given calendar year. Depending on the year and the agency’s payroll cycle, there may be 26 or 27 pay periods covered by an annual premium pay cap. For example, under a given agency’s payroll cycle, the biweekly pay period covering December 18, 2022, through December 31, 2022, may be the first biweekly pay period with a payroll pay date in calendar year 2023 (e.g., January 6, 11, etc.). Basic pay and premium pay for that pay period would be included in applying the annual premium pay cap for 2023. For that same agency, the biweekly pay period covering December 3-16, 2023, could be the last biweekly pay period with a payroll pay date in calendar year 2023 (e.g., December 22, 27, etc.). (Note: Different agencies may have a different set of covered pay periods for calendar year 2023, since payroll pay dates vary by payroll provider and agency.)
Effective Date
These caps are effective as of the first day of the first pay period beginning on or after January 1, 2023 (January 1, 2023, based on the standard biweekly payroll cycle).
| Locality Pay Area | Locality Pay Percentage | Biweekly Cap | Annual Cap Assuming 26 Biweekly Salary Payments |
|---|---|---|---|
|
Alaska |
31.32% |
7,034.40 |
182,894.40 |
|
Albany-Schenectady, NY-MA |
19.45% |
6,995.20 |
181,875.20 |
|
Albuquerque-Santa Fe-Las Vegas, NM |
17.63% |
6,888.80 |
179,108.80 |
|
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL |
23.02% |
7,034.40 |
182,894.40 |
|
Austin-Round Rock, TX |
19.40% |
6,992.00 |
181,792.00 |
|
Birmingham-Hoover-Talladega, AL |
17.41% |
6,876.00 |
178,776.00 |
|
Boston-Worcester-Providence, MA-RI-NH-ME |
31.05% |
7,034.40 |
182,894.40 |
|
Buffalo-Cheektowaga, NY |
21.35% |
7,034.40 |
182,894.40 |
|
Burlington-South Burlington, VT |
18.31% |
6,928.00 |
180,128.00 |
|
Charlotte-Concord, NC-SC |
18.63% |
6,947.20 |
180.627.20 |
|
Chicago-Naperville, IL-IN-WI |
29.79% | 7,034.40 |
182,894.40 |
|
Cincinnati-Wilmington-Maysville, OH-KY-IN |
21.35% |
7,034.40 |
182,894.40 |
|
Cleveland-Akron-Canton, OH |
21.69% |
7,034.40 |
182,894.40 |
|
Colorado Springs, CO |
19.11% |
6,975.20 |
181,355.20 |
|
Columbus-Marion-Zanesville, OH |
21.27% |
7,034.40 |
182,894.40 |
|
Corpus Christi-Kingsville-Alice, TX |
17.10% |
6,857.60 |
178,297.60 |
|
Dallas-Fort Worth, TX-OK |
26.37% |
7,034.40 |
182,894.40 |
|
Davenport-Moline, IA-IL |
18.21% |
6,922.40 |
179,982.40 |
|
Dayton-Springfield-Sidney, OH |
20.59% |
7,034.40 |
182,894.40 |
|
Denver-Aurora, CO |
29.05% |
7,034.40 |
182,894.40 |
|
Des Moines-Ames-West Des Moines, IA |
17.13% |
6,859.20 |
178,339.20 |
|
Detroit-Warren-Ann Arbor, MI |
28.37% |
7,034.40 |
182,894.40 |
|
Harrisburg-Lebanon, PA |
18.59% |
6,944.80 |
180,564.80 |
|
Hartford-West Hartford, CT-MA |
30.91% |
7,034.40 |
182,894.40 |
|
Hawaii |
21.17% |
7,034.40 |
182,894.40 |
|
Houston-The Woodlands, TX |
34.47% |
7,034.40 |
182,894.40 |
|
Huntsville-Decatur-Albertville, AL |
20.96% |
7,034.40 |
182,894.40 |
|
Indianapolis-Carmel-Muncie, IN |
17.57% |
6,884.80 |
179,004.80 |
|
Kansas City-Overland Park-Kansas City, MO-KS |
18.18% |
6,920.80 |
179,940.80 |
|
Laredo, TX |
20.64% |
7,034.40 |
182,894.40 |
|
Las Vegas-Henderson, NV-AZ |
18.76% |
6,954.40 |
180,814.40 |
|
Los Angeles-Long Beach, CA |
34.89% |
7,034.40 |
182,894.40 |
|
Miami-Fort Lauderdale-Port St. Lucie, FL |
24.14% |
7,034.40 |
182,894.40 |
|
Milwaukee-Racine-Waukesha, WI |
21.74% |
7,034.40 |
182,894.40 |
|
Minneapolis-St. Paul, MN-WI |
26.39% |
7,034.40 |
182,894.40 |
|
New York-Newark, NY-NJ-CT-PA |
36.16% |
7,034.40 |
182,894.40 |
|
Omaha-Council Bluffs-Fremont, NE-IA |
17.52% |
6,882.40 |
178,942.40 |
|
Palm Bay-Melbourne-Titusville, FL |
17.30% |
6,868.80 |
178,588.80 |
|
Philadelphia-Reading-Camden, PA-NJ-DE-MD |
27.84% |
7,034.40 |
182,894.40 |
|
Phoenix-Mesa-Scottsdale, AZ |
21.44% |
7,034.40 |
182,894.40 |
|
Pittsburgh-New Castle-Weirton, PA-OH-WV |
20.37% |
7,034.40 |
182,894.40 |
|
Portland-Vancouver-Salem, OR-WA |
24.98% |
7,034.40 |
182,894.40 |
|
Raleigh-Durham-Chapel Hill, NC |
21.37% |
7,034.40 |
182,894.40 |
|
Richmond, VA |
21.38% |
7,034.40 |
182,894.40 |
|
Sacramento-Roseville, CA-NV |
28.30% |
7,034.40 |
182,894.40 |
|
San Antonio-New Braunfels-Pearsall, TX |
18.00% |
6,910.40 |
179,670.40 |
|
San Diego-Carlsbad, CA |
32.01% |
7,034.40 |
182,894.40 |
|
San Jose-San Francisco-Oakland, CA |
44.15% |
7,034.40 |
182,894.40 |
|
Seattle-Tacoma, WA |
29.57% |
7,034.40 |
182,894.40 |
|
St. Louis-St. Charles-Farmington, MO-IL |
19.10% |
6,974.40 |
181,334.40 |
|
Tucson-Nogales, AZ |
18.40% |
6,933.60 |
180,273.60 |
|
Virginia Beach-Norfolk, VA-NC |
17.94% |
6,906.40 |
179,566.40 |
|
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA |
32.49% |
7,034.40 |
182,894.40 |
|
Rest of United States |
16.50% |
6,822.40 |
177,382.40 |
|
Not in a Locality Pay Area (i.e. Outside of U.S.) |
NA |
6,596.80 |
171,516.80 |
2022
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by: (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $176,300 divided by 2,087 hours yields an hourly rate of $84.48 and a biweekly rate of $6,758.40 ($84.48 x 80 hours). Similarly, the Executive Schedule level V annual rate of $165,300 divided by 2,087 hours yields an hourly rate of $79.20 and a biweekly rate of $6,336.00 ($79.20 x 80 hours).
The table below provides the biweekly and annual premium pay caps for 2022 by locality pay area. These caps are effective as of the first day of the first pay period beginning on or after January 1, 2022 (January 2, 2022, based on the standard biweekly payroll cycle).
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see NOTES 1 and 4) | ||
|
Alaska |
30.42% |
6,758.40 |
175,718.40 |
|
Albany-Schenectady, NY-MA |
18.68% |
6,676.80 |
173,596.80 |
|
Albuquerque-Santa Fe-Las Vegas, NM |
17.14% |
6,589.60 |
171,329.60 |
|
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL |
22.63% |
6,758.40 |
175,718.40 |
|
Austin-Round Rock, TX |
18.80% |
6,683.20 |
173,763.20 |
|
Birmingham-Hoover-Talladega, AL |
16.81% |
6,571.20 |
170,851.20 |
|
Boston-Worcester-Providence, MA-RI-NH-ME |
30.09% |
6,758.40 |
175,718.40 |
|
Buffalo-Cheektowaga, NY |
20.78% |
6,758.40 |
175,718.40 |
|
Burlington-South Burlington, VT |
17.62% |
6,616.80 |
172,036.80 |
|
Charlotte-Concord, NC-SC |
18.06% |
6,641.60 |
172,681.60 |
|
Chicago-Naperville, IL-IN-WI |
29.18% |
6,758.40 |
175,718.40 |
|
Cincinnati-Wilmington-Maysville, OH-KY-IN |
20.94% |
6,758.40 |
175,718.40 |
|
Cleveland-Akron-Canton, OH |
21.25% |
6,758.40 |
175,718.40 |
|
Colorado Springs, CO |
18.42% |
6,661.60 |
173,201.60 |
|
Columbus-Marion-Zanesville, OH |
20.69% |
6,758.40 |
175,718.40 |
|
Corpus Christi-Kingsville-Alice, TX |
16.82% |
6,572.00 |
170,872.00 |
|
Dallas-Fort Worth, TX-OK |
25.68% |
6,758.40 |
175,718.40 |
|
Davenport-Moline, IA-IL |
17.58% |
6,614.40 |
171,974.40 |
|
Dayton-Springfield-Sidney, OH |
19.93% |
6,746.40 |
175,406.40 |
|
Denver-Aurora, CO |
28.10% |
6,758.40 |
175,718.40 |
|
Des Moines-Ames-West Des Moines, IA |
16.52% |
6,555.20 |
170,435.20 |
|
Detroit-Warren-Ann Arbor, MI |
27.86% |
6,758.40 |
175,718.40 |
|
Harrisburg-Lebanon, PA |
17.90% |
6,632.80 |
172,452.80 |
|
Hartford-West Hartford, CT-MA |
30.20% |
6,758.40 |
175,718.40 |
|
Hawaii |
20.40% |
6,758.40 |
175,718.40 |
|
Houston-The Woodlands, TX |
33.96% |
6,758.40 |
175,718.40 |
|
Huntsville-Decatur-Albertville, AL |
20.45% |
6,758.40 |
175,718.40 |
|
Indianapolis-Carmel-Muncie, IN |
17.26% |
6,596.80 |
171,516.80 |
|
Kansas City-Overland Park-Kansas City, MO-KS |
17.67% |
6,620.00 |
172,120.00 |
|
Laredo, TX |
19.85% |
6,742.40 |
175,302.40 |
|
Las Vegas-Henderson, NV-AZ |
18.25% |
6,652.00 |
172,952.00 |
|
Los Angeles-Long Beach, CA |
33.61% |
6,758.40 |
175,718.40 |
|
Miami-Fort Lauderdale-Port St. Lucie, FL |
23.80% |
6,758.40 |
175,718.40 |
|
Milwaukee-Racine-Waukesha, WI |
21.32% |
6,758.40 |
175,718.40 |
|
Minneapolis-St. Paul, MN-WI |
25.49% |
6,758.40 |
175,718.40 |
|
New York-Newark, NY-NJ-CT-PA |
35.06% |
6,758.40 |
175,718.40 |
|
Omaha-Council Bluffs-Fremont, NE-IA |
16.93% |
6,577.60 |
171,017.60 |
|
Palm Bay-Melbourne-Titusville, FL |
17.01% |
6,582.40 |
171,142.40 |
|
Philadelphia-Reading-Camden, PA-NJ-DE-MD |
26.95% |
6,758.40 |
175,718.40 |
|
Phoenix-Mesa-Scottsdale, AZ |
20.84% |
6,758.40 |
175,718.40 |
|
Pittsburgh-New Castle-Weirton, PA-OH-WV |
19.90% |
6,744.80 |
175,364.80 |
|
Portland-Vancouver-Salem, OR-WA |
24.34% |
6,758.40 |
175,718.40 |
|
Raleigh-Durham-Chapel Hill, NC |
20.94% |
6,758.40 |
175,718.40 |
|
Richmond, VA |
20.64% |
6,758.40 |
175,718.40 |
|
Sacramento-Roseville, CA-NV |
27.30% |
6,758.40 |
175,718.40 |
|
San Antonio-New Braunfels-Pearsall, TX |
17.39% |
6,604.00 |
171,704.00 |
|
San Diego-Carlsbad, CA |
30.87% |
6,758.40 |
175,718.40 |
|
San Jose-San Francisco-Oakland, CA |
42.74% |
6,758.40 |
175,718.40 |
|
Seattle-Tacoma, WA |
28.28% |
6,758.40 |
175,718.40 |
|
St. Louis-St. Charles-Farmington, MO-IL |
18.35% |
6,657.60 |
173,097.60 |
|
Tucson-Nogales, AZ |
17.77% |
6,625.60 |
172,265.60 |
|
Virginia Beach-Norfolk, VA-NC |
17.18% |
6,592.00 |
171,392.00 |
|
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA |
31.53% |
6,758.40 |
175,718.40 |
|
Rest of United States |
16.20% |
6,536.80 |
169,956.80 |
|
Not in a Locality Pay Area (i.e. Outside of U.S.) |
NA |
6,336.00 |
164,736.00 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap. Neither OPM nor agencies have general authority to waive the biweekly or annual premium pay caps established under 5 U.S.C. 5547. Exceptions to those caps require specific legislation.
- 2022 locality pay area definitions..
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $176,300 in 2022. (See NOTE 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The annual premium pay cap is equal to the greater of: (1) the annual rate payable for GS-15, step 10 (including any applicable locality payment or special rate supplement) or (2) the annual rate payable for level V of the Executive Schedule - using the rates in effect at the end of the given calendar year (5 CFR 550.106(c)). Under 5 CFR 550.106(d), the "annual rates" used in determining the annual premium pay caps are computed by: (1) dividing the applicable end-of-year published annual rate by 2,087 hours, (2) multiplying the resulting hourly rate by 80 hours, and (3) multiplying the resulting biweekly rate by the number of biweekly pay periods for which a salary payment is issued in the given calendar year under the agency’s payroll cycle (i.e., either 26 or 27 pay periods). The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2022. The caps do not match the published annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $176,300 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $175,718.40. ($176,300 / 2087 = $84.48. $84.48 x 80 = $6,758.40. $6,758.40 x 26 = $175,718.40.) Similarly, the EX V annual rate is $165,300, but the corresponding annual premium pay cap based on 26 payments is $164,736.00. However, if employees instead have 27 biweekly salary payments during 2022, for those employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27. (See NOTE 6 for information on applying the annual premium pay cap.)
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
- The annual premium pay cap applies to basic pay and premium pay earned in biweekly pay periods that have a payroll pay date in the given calendar year. Depending on the year and the agency’s payroll cycle, there may be 26 or 27 pay periods covered by an annual premium pay cap. For example, under a given agency’s payroll cycle, the biweekly pay period covering December 19, 2021, through January 1, 2022, may be the first biweekly pay period with a payroll pay date in calendar year 2022 (e.g., January 7, 12, etc.). Basic pay and premium pay for that pay period would be included in applying the annual premium pay cap for 2022. For that same agency, the biweekly pay period covering December 4-17, 2022, could be the last biweekly pay period with a payroll pay date in calendar year 2022 (e.g., December 23, 28, etc.). (Note: Different agencies may have a different set of covered pay periods for calendar year 2022, since payroll pay dates vary by payroll provider and agency.)
2021
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by: (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $172,500 divided by 2,087 hours yields an hourly rate of $82.65 and a biweekly rate of $6,612.00 ($82.65 x 80 hours). Similarly, the Executive Schedule level V annual rate of $161,700 divided by 2,087 hours yields an hourly rate of $77.48 and a biweekly rate of $6,198.40 ($77.48 x 80 hours).
The table below provides the biweekly and annual premium pay caps for 2021 by locality pay area. These caps are effective as of the first day of the first pay period beginning on or after January 1, 2021 (January 3, 2021, based on the standard biweekly payroll cycle).
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see NOTES 1 and 4) | ||
|
Alaska |
29.67% |
6,612.00 |
171,912.00 |
|
Albany-Schenectady, NY-MA |
17.88% |
6,488.80 |
168,708.80 |
|
Albuquerque-Santa Fe-Las Vegas, NM |
16.68% |
6,422.40 |
166,982.40 |
|
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL |
22.16% |
6,612.00 |
171,912.00 |
|
Austin-Round Rock, TX |
18.17% |
6,504.80 |
169,124.80 |
|
Birmingham-Hoover-Talladega, AL |
16.26% |
6,399.20 |
166,379.20 |
|
Boston-Worcester-Providence, MA-RI-NH-ME |
29.11% |
6,612.00 |
171,912.00 |
|
Buffalo-Cheektowaga, NY |
20.20% |
6,612.00 |
171,912.00 |
|
Burlington-South Burlington, VT |
16.89% |
6,434.40 |
167,294.40 |
|
Charlotte-Concord, NC-SC |
17.44% |
6,464.80 |
168,084.80 |
|
Chicago-Naperville, IL-IN-WI |
28.59% |
6,612.00 |
171,912.00 |
|
Cincinnati-Wilmington-Maysville, OH-KY-IN |
20.55% |
6,612.00 |
171,912.00 |
|
Cleveland-Akron-Canton, OH |
20.82% |
6,612.00 |
171,912.00 |
|
Colorado Springs, CO |
17.78% |
6,483.20 |
168,563.20 |
|
Columbus-Marion-Zanesville, OH |
20.02% |
6,606.40 |
171,766.40 |
|
Corpus Christi-Kingsville-Alice, TX |
16.56% |
6,416.00 |
166,816.00 |
|
Dallas-Fort Worth, TX-OK |
24.98% |
6,612.00 |
171,912.00 |
|
Davenport-Moline, IA-IL |
17.04% |
6,442.40 |
167,502.40 |
|
Dayton-Springfield-Sidney, OH |
19.18% |
6,560.00 |
170,560.00 |
|
Denver-Aurora, CO |
27.13% |
6,612.00 |
171,912.00 |
|
Des Moines-Ames-West Des Moines, IA |
15.95% |
6,382.40 |
165,942.40 |
|
Detroit-Warren-Ann Arbor, MI |
27.32% |
6,612.00 |
171,912.00 |
|
Harrisburg-Lebanon, PA |
17.20% |
6,451.20 |
167,731.20 |
|
Hartford-West Hartford, CT-MA |
29.49% |
6,612.00 |
171,912.00 |
|
Hawaii |
19.56% |
6,580.80 |
171,100.80 |
|
Houston-The Woodlands, TX |
33.32% |
6,612.00 |
171,912.00 |
|
Huntsville-Decatur-Albertville, AL |
19.85% |
6,596.80 |
171,516.80 |
|
Indianapolis-Carmel-Muncie, IN |
16.92% |
6,436.00 |
167,336.00 |
|
Kansas City-Overland Park-Kansas City, MO-KS |
17.13% |
6,447.20 |
167,627.20 |
|
Laredo, TX |
18.88% |
6,544.00 |
170,144.00 |
|
Las Vegas-Henderson, NV-AZ |
17.68% |
6,477.60 |
168,417.60 |
|
Los Angeles-Long Beach, CA |
32.41% |
6,612.00 |
171,912.00 |
|
Miami-Fort Lauderdale-Port St. Lucie, FL |
23.51% |
6,612.00 |
171,912.00 |
|
Milwaukee-Racine-Waukesha, WI |
20.96% |
6,612.00 |
171,912.00 |
|
Minneapolis-St. Paul, MN-WI |
24.66% |
6,612.00 |
171,912.00 |
|
New York-Newark, NY-NJ-CT-PA |
33.98% |
6,612.00 |
171,912.00 |
|
Omaha-Council Bluffs-Fremont, NE-IA |
16.33% |
6,403.20 |
166,483.20 |
|
Palm Bay-Melbourne-Titusville, FL |
16.73% |
6,425.60 |
167,065.60 |
|
Philadelphia-Reading-Camden, PA-NJ-DE-MD |
26.04% |
6,612.00 |
171,912.00 |
|
Phoenix-Mesa-Scottsdale, AZ |
20.12% |
6,612.00 |
171,912.00 |
|
Pittsburgh-New Castle-Weirton, PA-OH-WV |
19.40% |
6,572.00 |
170,872.00 |
|
Portland-Vancouver-Salem, OR-WA |
23.74% |
6,612.00 |
171,912.00 |
|
Raleigh-Durham-Chapel Hill, NC |
20.49% |
6,612.00 |
171,912.00 |
|
Richmond, VA |
19.95% |
6,602.40 |
171,662.40 |
|
Sacramento-Roseville, CA-NV |
26.37% |
6,612.00 |
171,912.00 |
|
San Antonio-New Braunfels-Pearsall, TX |
16.77% |
6,427.20 |
167,107.20 |
|
San Diego-Carlsbad, CA |
29.77% |
6,612.00 |
171,912.00 |
|
San Jose-San Francisco-Oakland, CA |
41.44% |
6,612.00 |
171,912.00 |
|
Seattle-Tacoma, WA |
27.02% |
6,612.00 |
171,912.00 |
|
St. Louis-St. Charles-Farmington, MO-IL |
17.65% |
6,476.00 |
168,376.00 |
|
Tucson-Nogales, AZ |
17.19% |
6,450.40 |
167,710.40 |
|
Virginia Beach-Norfolk, VA-NC |
16.51% |
6,413.60 |
166,753.60 |
|
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA |
30.48% |
6,612.00 |
171,912.00 |
|
Rest of United States |
15.95% |
6,382.40 |
165,942.40 |
|
Not in a Locality Pay Area (i.e. Outside of U.S.) |
NA |
6,198.40 |
161,158.40 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap. Neither OPM nor agencies have general authority to waive the biweekly or annual premium pay caps established under 5 U.S.C. 5547. Exceptions to those caps require specific legislation. See NOTE 5 below.
- 2021 locality pay area definitions.
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $172,500 in 2021. (See NOTE 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The annual premium pay cap is equal to the greater of: (1) the annual rate payable for GS-15, step 10 (including any applicable locality payment or special rate supplement) or (2) the annual rate payable for level V of the Executive Schedule - using the rates in effect at the end of the given calendar year (5 CFR 550.106(c)). Under 5 CFR 550.106(d), the "annual rates" used in determining the annual premium pay caps are computed by: (1) dividing the applicable end-of-year published annual rate by 2,087 hours, (2) multiplying the resulting hourly rate by 80 hours, and (3) multiplying the resulting biweekly rate by the number of biweekly pay periods for which a salary payment is issued in the given calendar year under the agency’s payroll cycle (i.e., either 26 or 27 pay periods). The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2021. The caps do not match the published annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $172,500 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $171,912.00. ($172,500 / 2087 = $82.65. $82.65 x 80 = $6,612.00. $6,612.00 x 26 = $171,912.00.) Similarly, the EX V annual rate is $161,700, but the corresponding annual premium pay cap based on 26 payments is $161,158.40. However, if employees instead have 27 biweekly salary payments during 2021, for those employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27. (See NOTE 7 for information on applying the annual premium pay cap.)
- We will notify agencies separately about any reauthorization of the premium pay cap that may be applied to certain civilian employees working in certain overseas locations and any other exceptions to the biweekly and annual premium pay caps under 5 U.S.C. 5547 that may be provided by specific legislation.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
- The annual premium pay cap applies to basic pay and premium pay earned in biweekly pay periods that have a payroll pay date in the given calendar year. Depending on the year and the agency’s payroll cycle, there may be 26 or 27 pay periods covered by an annual premium pay cap. For example, under a given agency’s payroll cycle, the biweekly pay period covering December 20, 2020, through January 2, 2021, may be the first biweekly pay period with a payroll pay date in calendar year 2021 (e.g., January 8, 13, etc.). Basic pay and premium pay for that pay period would be included in applying the annual premium pay cap for 2021. For that same agency, the biweekly pay period covering December 5-18, 2021, could be the last biweekly pay period with a payroll pay date in calendar year 2021 (e.g., December 23, 29, etc.). (Note: Different agencies may have a different set of covered pay periods for calendar year 2021, since payroll pay dates vary by agency.)
2020
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by: (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $170,800 divided by 2,087 hours yields an hourly rate of $81.84 and a biweekly rate of $6,547.20 ($81.84 x 80 hours). Similarly, the Executive Schedule level V annual rate of $160,100 divided by 2,087 hours yields an hourly rate of $76.71 and a biweekly rate of $6,136.80 ($76.71 x 80 hours).
The table below provides the biweekly and annual premium pay caps for 2020 by locality pay area. These caps are effective as of the first day of the first pay period beginning on or after January 1, 2020 (January 5, 2020, based on the standard biweekly payroll cycle).
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see NOTES 1 and 4) | ||
|
Alaska |
29.67% |
6,547.20 |
170,227.20 |
|
Albany-Schenectady, NY-MA |
17.88% |
6,424.80 |
167,044.80 |
|
Albuquerque-Santa Fe-Las Vegas, NM |
16.68% |
6,359.20 |
165,339.20 |
|
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL |
22.16% |
6,547.20 |
170,227.20 |
|
Austin-Round Rock, TX |
18.17% |
6,440.80 |
167,460.80 |
|
Birmingham-Hoover-Talladega, AL |
16.26% |
6,336.00 |
164,736.00 |
|
Boston-Worcester-Providence, MA-RI-NH-ME |
29.11% |
6,547.20 |
170,227.20 |
|
Buffalo-Cheektowaga, NY |
20.20% |
6,547.20 |
170,227.20 |
|
Burlington-South Burlington, VT |
16.89% |
6,370.40 |
165,630.40 |
|
Charlotte-Concord, NC-SC |
17.44% |
6,400.80 |
166,420.80 |
|
Chicago-Naperville, IL-IN-WI |
28.59% |
6,547.20 |
170,227.20 |
|
Cincinnati-Wilmington-Maysville, OH-KY-IN |
20.55% |
6,547.20 |
170,227.20 |
|
Cleveland-Akron-Canton, OH |
20.82% |
6,547.20 |
170,227.20 |
|
Colorado Springs, CO |
17.78% |
6,419.20 |
166,899.20 |
|
Columbus-Marion-Zanesville, OH |
20.02% |
6,541.60 |
170,081.60 |
|
Corpus Christi-Kingsville-Alice, TX |
16.56% |
6,352.80 |
165,172.80 |
|
Dallas-Fort Worth, TX-OK |
24.98% |
6,547.20 |
170,227.20 |
|
Davenport-Moline, IA-IL |
17.04% |
6,379.20 |
165,859.20 |
|
Dayton-Springfield-Sidney, OH |
19.18% |
6,495.20 |
168,875.20 |
|
Denver-Aurora, CO |
27.13% |
6,547.20 |
170,227.20 |
|
Detroit-Warren-Ann Arbor, MI |
27.32% |
6,547.20 |
170,227.20 |
|
Harrisburg-Lebanon, PA |
17.20% |
6,387.20 |
166,067.20 |
|
Hartford-West Hartford, CT-MA |
29.49% |
6,547.20 |
170,227.20 |
|
Hawaii |
19.56% |
6,516.00 |
169,416.00 |
|
Houston-The Woodlands, TX |
33.32% |
6,547.20 |
170,227.20 |
|
Huntsville-Decatur-Albertville, AL |
19.85% |
6,532.00 |
169,832.00 |
|
Indianapolis-Carmel-Muncie, IN |
16.92% |
6,372.00 |
165,672.00 |
|
Kansas City-Overland Park-Kansas City, MO-KS |
17.13% |
6,384.00 |
165,984.00 |
|
Laredo, TX |
18.88% |
6,479.20 |
168,459.20 |
|
Las Vegas-Henderson, NV-AZ |
17.68% |
6,413.60 |
166,753.60 |
|
Los Angeles-Long Beach, CA |
32.41% |
6,547.20 |
170,227.20 |
|
Miami-Fort Lauderdale-Port St. Lucie, FL |
23.51% |
6,547.20 |
170,227.20 |
|
Milwaukee-Racine-Waukesha, WI |
20.96% |
6,547.20 |
170,227.20 |
|
Minneapolis-St. Paul, MN-WI |
24.66% |
6,547.20 |
170,227.20 |
|
New York-Newark, NY-NJ-CT-PA |
33.98% |
6,547.20 |
170,227.20 |
|
Omaha-Council Bluffs-Fremont, NE-IA |
16.33% |
6,340.00 |
164,840.00 |
|
Palm Bay-Melbourne-Titusville, FL |
16.73% |
6,361.60 |
165,401.60 |
|
Philadelphia-Reading-Camden, PA-NJ-DE-MD |
26.04% |
6,547.20 |
170,227.20 |
|
Phoenix-Mesa-Scottsdale, AZ |
20.12% |
6,546.40 |
170,206.40 |
|
Pittsburgh-New Castle-Weirton, PA-OH-WV |
19.40% |
6,507.20 |
169,187.20 |
|
Portland-Vancouver-Salem, OR-WA |
23.74% |
6,547.20 |
170,227.20 |
|
Raleigh-Durham-Chapel Hill, NC |
20.49% |
6,547.20 |
170,227.20 |
|
Richmond, VA |
19.95% |
6,537.60 |
169,977.60 |
|
Sacramento-Roseville, CA-NV |
26.37% |
6,547.20 |
170,227.20 |
|
San Antonio-New Braunfels-Pearsall, TX |
16.77% |
6,364.00 |
165,464.00 |
|
San Diego-Carlsbad, CA |
29.77% |
6,547.20 |
170,227.20 |
|
San Jose-San Francisco-Oakland, CA |
41.44% |
6,547.20 |
170,227.20 |
|
Seattle-Tacoma, WA |
27.02% |
6,547.20 |
170,227.20 |
|
St. Louis-St. Charles-Farmington, MO-IL |
17.65% |
6,412.00 |
166,712.00 |
|
Tucson-Nogales, AZ |
17.19% |
6,387.20 |
166,067.20 |
|
Virginia Beach-Norfolk, VA-NC |
16.51% |
6,349.60 |
165,089.60 |
|
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA |
30.48% |
6,547.20 |
170,227.20 |
|
Rest of United States |
15.95% |
6,319.20 |
164,299.20 |
|
Not in a Locality Pay Area (i.e. Outside of U.S.) |
NA |
6,136.80 |
159,556.80 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap. Neither OPM nor agencies have general authority to waive the biweekly or annual premium pay caps established under 5 U.S.C. 5547. Exceptions to those caps require specific legislation. For example, a statutory exception is described in NOTE 5 below.
- 2020 locality pay area definitions.
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $170,800 in 2020. (See NOTE 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The annual premium pay cap is equal to the greater of: (1) the annual rate payable for GS-15, step 10 (including any applicable locality payment or special rate supplement) or (2) the annual rate payable for level V of the Executive Schedule - using the rates in effect at the end of the given calendar year (5 CFR 550.106(c)). Under 5 CFR 550.106(d), the "annual rates" used in determining the annual premium pay caps are computed by: (1) dividing the applicable end-of-year published annual rate by 2,087 hours, (2) multiplying the resulting hourly rate by 80 hours, and (3) multiplying the resulting biweekly rate by the number of biweekly pay periods for which a salary payment is issued in the given calendar year under the agency's payroll cycle (i.e., either 26 or 27 pay periods). The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2020. The caps do not match the published annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $170,800 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $170,227.20. ($170,800 / 2087 = $81.84. $81.84 x 80 = $6,547.20. $6,547.20 x 26 = $170,227.20.) Similarly, the EX V annual rate is $160,100, but the corresponding annual premium pay cap based on 26 payments is $159,556.80. However, if employees instead have 27 biweekly salary payments during 2020, for those employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27. (See NOTE 7 for information on applying the annual premium pay cap.)
- We will notify agencies separately about any reauthorization of the premium pay cap that may be applied to certain civilian employees working in certain overseas locations.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
- The annual premium pay cap applies to basic pay and premium pay earned in biweekly pay periods that have a payroll pay date in the given calendar year. Depending on the year and the agency's payroll cycle, there may be 26 or 27 pay periods covered by an annual premium pay cap. For example, under a given agency's payroll cycle, the biweekly pay period covering December 22, 2019, through January 4, 2020, may be the first biweekly pay period with a payroll pay date in calendar year 2020 (e.g., January 10, 15, etc.). Basic pay and premium pay for that pay period would be included in applying the annual premium pay cap for 2020. For that same agency, the biweekly pay period covering December 6-19, 2020, could be the last biweekly pay period with a payroll pay date in calendar year 2020 (e.g., December 24, 30, etc.). (Note: Different agencies may have a different set of covered pay periods for calendar year 2020, since payroll pay dates vary by agency.)
2019
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by: (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $166,500 divided by 2,087 hours yields an hourly rate of $79.78 and a biweekly rate of $6,382.40 ($79.78 x 80 hours). Similarly, the Executive Schedule level V annual rate of $156,000 divided by 2,087 hours yields an hourly rate of $74.75 and a biweekly rate of $5,980.00 ($74.75 x 80 hours).
The table below provides the biweekly and annual premium pay caps for 2019 by locality pay area. These caps are effective as of the first day of the first pay period beginning on or after January 1, 2019 (January 6, 2019, based on the standard biweekly payroll cycle).
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see NOTES 1 and 4) | ||
|
Alaska |
28.89% |
$6,382.40 |
$165,942.40 |
|
Albany-Schenectady, NY-MA |
17.19% |
6,224.80 |
161,844.80 |
|
Albuquerque-Santa Fe-Las Vegas, NM |
16.20% |
6,172.00 |
160,472.00 |
|
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL |
21.64% |
6,382.40 |
165,942.40 |
|
Austin-Round Rock, TX |
17.46% |
6,239.20 |
162,219.20 |
|
Birmingham-Hoover-Talladega, AL |
15.77% |
6,149.60 |
159,889.60 |
|
Boston-Worcester-Providence, MA-RI-NH-ME |
28.27% |
6,382.40 |
165,942.40 |
|
Buffalo-Cheektowaga, NY |
19.67% |
6,356.80 |
165,276.80 |
|
Burlington-South Burlington, VT |
16.18% |
6,171.20 |
160,451.20 |
|
Charlotte-Concord, NC-SC |
16.79% |
6,204.00 |
161,304.00 |
|
Chicago-Naperville, IL-IN-WI |
28.05% |
6,382.40 |
165,942.40 |
|
Cincinnati-Wilmington-Maysville, OH-KY-IN |
20.21% |
6,382.40 |
165,942.40 |
|
Cleveland-Akron-Canton, OH |
20.45% |
6,382.40 |
165,942.40 |
|
Colorado Springs, CO |
17.19% |
6,224.80 |
161,844.80 |
|
Columbus-Marion-Zanesville, OH |
19.47% |
6,346.40 |
165,006.40 |
|
Corpus Christi-Kingsville-Alice, TX |
16.01% |
6,162.40 |
160,222.40 |
|
Dallas-Fort Worth, TX-OK |
24.21% |
6,382.40 |
165,942.40 |
|
Davenport-Moline, IA-IL |
16.49% |
6,188.00 |
160,888.00 |
|
Dayton-Springfield-Sidney, OH |
18.61% |
6,300.00 |
163,800.00 |
|
Denver-Aurora, CO |
26.30% |
6,382.40 |
165,942.40 |
|
Detroit-Warren-Ann Arbor, MI |
26.81% |
6,382.40 |
165,942.40 |
|
Harrisburg-Lebanon, PA |
16.65% |
6,196.00 |
161,096.00 |
|
Hartford-West Hartford, CT-MA |
28.87% |
6,382.40 |
165,942.40 |
|
Hawaii |
18.98% |
6,320.00 |
164,320.00 |
|
Houston-The Woodlands, TX |
32.54% |
6,382.40 |
165,942.40 |
|
Huntsville-Decatur-Albertville, AL |
19.18% |
6,330.40 |
164,590.40 |
|
Indianapolis-Carmel-Muncie, IN |
16.57% |
6,192.00 |
160,992.00 |
|
Kansas City-Overland Park-Kansas City, MO-KS |
16.60% |
6,193.60 |
161,033.60 |
|
Laredo, TX |
18.22% |
6,280.00 |
163,280.00 |
|
Las Vegas-Henderson, NV-AZ |
17.04% |
6,216.80 |
161,636.80 |
|
Los Angeles-Long Beach, CA |
31.47% |
6,382.40 |
165,942.40 |
|
Miami-Fort Lauderdale-Port St. Lucie, FL |
23.12% |
6,382.40 |
165,942.40 |
|
Milwaukee-Racine-Waukesha, WI |
20.58% |
6,382.40 |
165,942.40 |
|
Minneapolis-St. Paul, MN-WI |
24.00% |
6,382.40 |
165,942.40 |
|
New York-Newark, NY-NJ-CT-PA |
33.06% |
6,382.40 |
165,942.40 |
|
Omaha-Council Bluffs-Fremont, NE-IA |
15.87% |
6,154.40 |
160,014.40 |
|
Palm Bay-Melbourne-Titusville, FL |
16.33% |
6,179.20 |
160,659.20 |
|
Philadelphia-Reading-Camden, PA-NJ-DE-MD |
25.30% |
6,382.40 |
165,942.40 |
|
Phoenix-Mesa-Scottsdale, AZ |
19.60% |
6,352.80 |
165,172.80 |
|
Pittsburgh-New Castle-Weirton, PA-OH-WV |
18.86% |
6,313.60 |
164,153.60 |
|
Portland-Vancouver-Salem, OR-WA |
23.13% |
6,382.40 |
165,942.40 |
|
Raleigh-Durham-Chapel Hill, NC |
19.99% |
6,373.60 |
165,713.60 |
|
Richmond, VA |
19.38% |
6,341.60 |
164,881.60 |
|
Sacramento-Roseville, CA-NV |
25.59% |
6,382.40 |
165,942.40 |
|
San Antonio-New Braunfels-Pearsall, TX |
16.07% |
6,165.60 |
160,305.60 |
|
San Diego-Carlsbad, CA |
28.80% |
6,382.40 |
165,942.40 |
|
San Jose-San Francisco-Oakland, CA |
40.35% |
6,382.40 |
165,942.40 |
|
Seattle-Tacoma, WA |
26.04% |
6,382.40 |
165,942.40 |
|
St. Louis-St. Charles-Farmington, MO-IL |
17.05% |
6,217.60 |
161,657.60 |
|
Tucson-Nogales, AZ |
16.68% |
6,197.60 |
161,137.60 |
|
Virginia Beach-Norfolk, VA-NC |
15.91% |
6,156.80 |
160,076.80 |
|
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA |
29.32% |
6,382.40 |
165,942.40 |
|
Rest of United States |
15.67% |
6,144.00 |
159,744.00 |
|
Not in a Locality Pay Area (i.e. Outside of U.S.) |
NA |
5,980.00 |
155,480.00 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap. Neither OPM nor agencies have general authority to waive the biweekly or annual premium pay caps established under 5 U.S.C. 5547. Exceptions to those caps require specific legislation. For example, a statutory exception is described in Note 5 below.
- 2019 locality pay area definitions.
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $166,500 in 2019. (See Note 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The annual premium pay cap is equal to the greater of: (1) the annual rate payable for GS-15, step 10 (including any applicable locality payment or special rate supplement) or (2) the annual rate payable for level V of the Executive Schedule - using the rates in effect at the end of the given calendar year (5 CFR 550.106(c)). Under 5 CFR 550.106(d), the "annual rates" used in determining the annual premium pay caps are computed by: (1) dividing the applicable end-of-year published annual rate by 2,087 hours, (2) multiplying the resulting hourly rate by 80 hours, and (3) multiplying the resulting biweekly rate by the number of biweekly pay periods for which a salary payment is issued in the given calendar year under the agency’s payroll cycle (i.e., either 26 or 27 pay periods). The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2019. The caps do not match the published annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $166,500 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $165,942.40. ($166,500 / 2087 = $79.78. $79.78 x 80 = $6,382.40. $6,382.40 x 26 = $165,942.40.) Similarly, the EX-V annual rate is $156,000, but the corresponding annual premium pay cap based on 26 payments is $155,480.00. However, if employees instead have 27 biweekly salary payments during 2019, for those employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27. (See NOTE 7 for information on applying the annual premium pay cap.)
- Effective January 1, 2019, section 1104 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232, August 13, 2018) extends to calendar year 2019 the authority provided in section 1101 of Public Law 110-417, October 14, 2008, as amended, for the head of an agency to waive the premium pay cap provisions under 5 U.S.C. 5547 for certain employees working overseas. We will issue a memorandum with additional information on this authority and other recent legislative changes.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
- The annual premium pay cap applies to basic pay and premium pay earned in biweekly pay periods that have a payroll pay date in the given calendar year. Depending on the year and the agency’s payroll cycle, there may be 26 or 27 pay periods covered by an annual premium pay cap. For example, under a given agency’s payroll cycle, the biweekly pay period covering December 23, 2018, through January 5, 2019, may be the first biweekly pay period with a payroll pay date in calendar year 2019 (e.g., January 11, 14, etc.). Basic pay and premium pay for that pay period would be included in applying the annual premium pay cap for 2019. For that same agency, the biweekly pay period covering December 8-21, 2019, could be the last biweekly pay period with a payroll pay date in calendar year 2019 (e.g., December 27, 30, etc.). (Note: Different agencies may have a different set of covered pay periods for calendar year 2019, since payroll pay dates vary by agency.)
2018
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $164,200 divided by 2,087 hours yields an hourly rate of $78.68 and a biweekly rate of $6,294.40 ($78.68 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $153,800 divided by 2,087 hours yields an hourly rate of $73.69 and a biweekly rate of $5,895.20 ($73.69 x 80 hours).
The table below provides the biweekly and annual premium pay caps for 2018 by locality pay area. The biweekly caps are effective as of the first day of the first pay period beginning on or after January 1, 2018. The annual caps apply to biweekly pay periods with a payroll pay date in calendar year 2018.
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see NOTES 1 and 4) | ||
|
Alaska |
28.02% |
$6,294.40 |
$163,654.40 |
|
Albany-Schenectady, NY |
16.50% |
6,103.20 |
158,683.20 |
|
Albuquerque-Santa Fe-Las Vegas, NM |
15.76% |
6,064.00 |
157,664.00 |
|
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL |
21.16% |
6,294.40 |
163,654.40 |
|
Austin-Round Rock, TX |
16.71% |
6,113.60 |
158,953.60 |
|
Boston-Worcester-Providence, MA-RI-NH-CT-ME |
27.48% |
6,294.40 |
163,654.40 |
|
Buffalo-Cheektowaga, NY |
19.18% |
6,243.20 |
162,323.20 |
|
Charlotte-Concord, NC-SC |
16.21% |
6,088.00 |
158,288.00 |
|
Chicago-Naperville, IL-IN-WI |
27.47% |
6,294.40 |
163,654.40 |
|
Cincinnati-Wilmington-Maysville, OH-KY-IN |
19.87% |
6,279.20 |
163,259.20 |
|
Cleveland-Akron-Canton, OH |
20.08% |
6,290.40 |
163,550.40 |
|
Colorado Springs, CO |
16.59% |
6,107.20 |
158,787.20 |
|
Columbus-Marion-Zanesville, OH |
18.97% |
6,232.00 |
162,032.00 |
|
Dallas-Fort Worth, TX-OK |
23.40% |
6,294.40 |
163,654.40 |
|
Davenport-Moline, IA-IL |
16.08% |
6,080.80 |
158,100.80 |
|
Dayton-Springfield-Sidney, OH |
18.11% |
6,187.20 |
160,867.20 |
|
Denver-Aurora, CO |
25.47% |
6,294.40 |
163,654.40 |
|
Detroit-Warren-Ann Arbor, MI |
26.25% |
6,294.40 |
163,654.40 |
|
Harrisburg-Lebanon, PA |
16.15% |
6,084.80 |
158,204.80 |
|
Hartford-West Hartford, CT-MA |
28.21% |
6,294.40 |
163,654.40 |
|
Hawaii |
18.43% |
6,204.00 |
161,304.00 |
|
Houston-The Woodlands, TX |
31.74% |
6,294.40 |
163,654.40 |
|
Huntsville-Decatur-Albertville, AL |
18.49% |
6,207.20 |
161,387.20 |
|
Indianapolis-Carmel-Muncie, IN |
16.23% |
6,088.80 |
158,308.80 |
|
Kansas City-Overland Park-Kansas City, MO-KS |
16.10% |
6,081.60 |
158,121.60 |
|
Laredo, TX |
17.40% |
6,149.60 |
159,889.60 |
|
Las Vegas-Henderson, NV-AZ |
16.49% |
6,102.40 |
158,662.40 |
|
Los Angeles-Long Beach, CA |
30.57% |
6,294.40 |
163,654.40 |
|
Miami-Fort Lauderdale-Port St. Lucie, FL |
22.64% |
6,294.40 |
163,654.40 |
|
Milwaukee-Racine-Waukesha, WI |
20.14% |
6,293.60 |
163,633.60 |
|
Minneapolis-St. Paul, MN-WI |
23.37% |
6,294.40 |
163,654.40 |
|
New York-Newark, NY-NJ-CT-PA |
32.13% |
6,294.40 |
163,654.40 |
|
Palm Bay-Melbourne-Titusville, FL |
15.93% |
6,072.80 |
157,892.80 |
|
Philadelphia-Reading-Camden, PA-NJ-DE-MD |
24.59% |
6,294.40 |
163,654.40 |
|
Phoenix-Mesa-Scottsdale, AZ |
19.09% |
6,238.40 |
162,198.40 |
|
Pittsburgh-New Castle-Weirton, PA-OH-WV |
18.35% |
6,200.00 |
161,200.00 |
|
Portland-Vancouver-Salem, OR-WA |
22.53% |
6,294.40 |
163,654.40 |
|
Raleigh-Durham-Chapel Hill, NC |
19.52% |
6,260.80 |
162,780.80 |
|
Richmond, VA |
18.79% |
6,222.40 |
161,782.40 |
|
Sacramento-Roseville, CA-NV |
24.86% |
6,294.40 |
163,654.40 |
|
San Diego-Carlsbad, CA |
27.88% |
6,294.40 |
163,654.40 |
|
San Jose-San Francisco-Oakland, CA |
39.28% |
6,294.40 |
163,654.40 |
|
Seattle-Tacoma, WA |
25.11% |
6,294.40 |
163,654.40 |
|
St. Louis-St. Charles-Farmington, MO-IL |
16.47% |
6,101.60 |
158,641.60 |
|
Tucson-Nogales, AZ |
16.17% |
6,085.60 |
158,225.60 |
|
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA |
28.22% |
6,294.40 |
163,654.40 |
|
Rest of United States |
15.37% |
6,044.00 |
157,144.00 |
|
Not in a Locality Pay Area |
NA |
5,895.20 |
153,275.20 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap. Neither OPM nor agencies have general authority to waive the biweekly or annual premium pay caps established under 5 U.S.C. 5547. Exceptions to those caps require specific legislation. For example, a statutory exception is described in Note 5 below.
- 2018 locality pay area definitions.
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $164,200 in 2018. (See Note 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The annual premium pay cap is equal to the greater of (1) the annual rate payable for GS-15, step 10 (including any applicable locality payment or special rate supplement) or (2) the annual rate payable for level V of the Executive Schedule - using the rates in effect at the end of the given calendar year (5 CFR 550.106(c)). Under 5 CFR 550.106(d), the "annual rates" used in determining the annual premium pay caps are computed by (1) dividing the applicable end-of-year published annual rate by 2,087 hours, (2) multiplying the resulting hourly rate by 80 hours, and (3) multiplying the resulting biweekly rate by the number of biweekly pay periods for which a salary payment is issued in the given calendar year under the agency’s payroll cycle (i.e., either 26 or 27 pay periods). The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2018. The caps do not match the published annual rates shown on applicable salary schedules. For example, the published GS-15, step 10, annual locality rate in Washington, DC, is $164,200 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $163,654.40. ($164,200 / 2087 = $78.68. $78.68 x 80 = $6,294.40. $6,294.40 x 26 = $163,654.40.) Similarly, the EX-V annual rate is $153,800, but the corresponding annual premium pay cap based on 26 payments is $153,275.20. However, some employees may have 27 biweekly salary payments in 2018. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27. (See NOTE 7 for information on applying the annual premium pay cap.)
- Effective January 1, 2018, section 1105 of the National Defense Authorization Act for Fiscal Year 2018 extends to calendar year 2018 the authority provided in section 1101 of Public Law 110-417, October 14, 2008, as amended, for the head of an agency to waive the premium pay cap provisions under 5 U.S.C. 5547 for certain employees working overseas. We will issue a memorandum with additional information on this authority and other recent legislative changes.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
- The annual premium pay cap applies to basic pay and premium pay earned in biweekly pay periods that have a payroll pay date in the given calendar year. Depending on the year and the agency’s payroll cycle, there may be 26 or 27 pay periods covered by an annual premium pay cap. For example, under a given agency’s payroll cycle, the biweekly pay period covering December 24, 2017, through January 6, 2018, may be the first biweekly pay period with a payroll pay date in calendar year 2018. Basic pay and premium pay for that pay period would be included in applying the annual premium pay cap for 2018. For that same agency, the biweekly pay period covering December 9-22, 2018, could be the last biweekly pay period with a payroll pay date in calendar year 2018. (Note: Different agencies may have a different set of covered pay periods for calendar year 2018, since payroll pay dates vary by agency.)
2017
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $161,900 divided by 2,087 hours yields an hourly rate of $77.58 and a biweekly rate of $6,206.40 ($77.58 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $151,700 divided by 2,087 hours yields an hourly rate of $72.69 and a biweekly rate of $5,815.20 ($72.69 x 80 hours).
The table below provides the biweekly and annual premium pay caps for 2017 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2017.
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see NOTES 1 and 4) | ||
|
Alaska |
27.13% |
$6,206.40 |
$161,366.40 |
|
Albany-Schenectady, NY |
15.85% |
5,984.80 |
155,604.80 |
|
Albuquerque-Santa Fe-Las Vegas, NM |
15.36% |
5,960.00 |
154,960.00 |
|
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL |
20.70% |
6,206.40 |
161,366.40 |
|
Austin-Round Rock, TX |
15.97% |
5,991.20 |
155,771.20 |
|
Boston-Worcester-Providence, MA-RI-NH-CT-ME |
26.73% |
6,206.40 |
161,366.40 |
|
Buffalo-Cheektowaga, NY |
18.66% |
6,130.40 |
159,390.40 |
|
Charlotte-Concord, NC-SC |
15.65% |
5,975.20 |
155,355.20 |
|
Chicago-Naperville, IL-IN-WI |
26.85% |
6,206.40 |
161,366.40 |
|
Cincinnati-Wilmington-Maysville, OH-KY-IN |
19.52% |
6,174.40 |
160,534.40 |
|
Cleveland-Akron-Canton, OH |
19.71% |
6,184.80 |
160,804.80 |
|
Colorado Springs, CO |
15.99% |
5,992.80 |
155,812.80 |
|
Columbus-Marion-Zanesville, OH |
18.49% |
6,121.60 |
159,161.60 |
|
Dallas-Fort Worth, TX-OK |
22.61% |
6,206.40 |
161,366.40 |
|
Davenport-Moline, IA-IL |
15.56% |
5,970.40 |
155,230.40 |
|
Dayton-Springfield-Sidney, OH |
17.59% |
6,075.20 |
157,955.20 |
|
Denver-Aurora, CO |
24.65% |
6,206.40 |
161,366.40 |
|
Detroit-Warren-Ann Arbor, MI |
25.68% |
6,206.40 |
161,366.40 |
|
Harrisburg-Lebanon, PA |
15.63% |
5,973.60 |
155,313.60 |
|
Hartford-West Hartford, CT-MA |
27.57% |
6,206.40 |
161,366.40 |
|
Hawaii |
17.92% |
6,092.00 |
158,392.00 |
|
Houston-The Woodlands, TX |
30.97% |
6,206.40 |
161,366.40 |
|
Huntsville-Decatur-Albertville, AL |
17.82% |
6,087.20 |
158,267.20 |
|
Indianapolis-Carmel-Muncie, IN |
15.85% |
5,984.80 |
155,604.80 |
|
Kansas City-Overland Park-Kansas City, MO-KS |
15.59% |
5,972.00 |
155,272.00 |
|
Laredo, TX |
16.68% |
6,028.00 |
156,728.00 |
|
Las Vegas-Henderson, NV-AZ |
15.93% |
5,989.60 |
155,729.60 |
|
Los Angeles-Long Beach, CA |
29.65% |
6,206.40 |
161,366.40 |
|
Miami-Fort Lauderdale-Port St. Lucie, FL |
22.13% |
6,206.40 |
161,366.40 |
|
Milwaukee-Racine-Waukesha, WI |
19.61% |
6,179.20 |
160,659.20 |
|
Minneapolis-St. Paul, MN-WI |
22.72% |
6,206.40 |
161,366.40 |
|
New York-Newark, NY-NJ-CT-PA |
31.22% |
6,206.40 |
161,366.40 |
|
Palm Bay-Melbourne-Titusville, FL |
15.48% |
5,966.40 |
155,126.40 |
|
Philadelphia-Reading-Camden, PA-NJ-DE-MD |
23.87% |
6,206.40 |
161,366.40 |
|
Phoenix-Mesa-Scottsdale, AZ |
18.57% |
6,125.60 |
159,265.60 |
|
Pittsburgh-New Castle-Weirton, PA-OH-WV |
17.86% |
6,088.80 |
158,308.80 |
|
Portland-Vancouver-Salem, OR-WA |
21.95% |
6,206.40 |
161,366.40 |
|
Raleigh-Durham-Chapel Hill, NC |
19.02% |
6,148.80 |
159,868.80 |
|
Richmond, VA |
18.19% |
6,106.40 |
158,766.40 |
|
Sacramento-Roseville, CA-NV |
24.14% |
6,206.40 |
161,366.40 |
|
San Diego-Carlsbad, CA |
26.98% |
6,206.40 |
161,366.40 |
|
San Jose-San Francisco-Oakland, CA |
38.17% |
6,206.40 |
161,366.40 |
|
Seattle-Tacoma, WA |
24.24% |
6,206.40 |
161,366.40 |
|
St. Louis-St. Charles-Farmington, MO-IL |
15.83% |
5,984.00 |
155,584.00 |
|
Tucson-Nogales, AZ |
15.66% |
5,975.20 |
155,355.20 |
|
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA |
27.10% |
6,206.40 |
161,366.40 |
|
Rest of United States |
15.06% |
5,944.00 |
154,544.00 |
|
Not in a Locality Pay Area |
NA |
5,815.20 |
151,195.20 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap.
- 2017 locality pay area definitions.
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $161,900 in 2017. (See Note 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year. (See 5 CFR 550.106(d).) The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2017. The caps do not match the annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $161,900 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $161,366.40. Similarly, the EX V annual rate is $151,700, but the corresponding annual premium pay cap based on 26 payments is $151,195.20. However, some employees may have 27 biweekly salary payments in 2017. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
- Effective January 1, 2017, section 1137 of the National Defense Authorization Act for Fiscal Year 2017 extends to calendar year 2017 the authority provided in section 1101 of Public Law 110-417, October 14, 2008, as amended, for the head of an agency to waive the premium pay cap provisions under 5 U.S.C. 5547 for certain employees working overseas. We will issue a separate memorandum with additional information on this authority and other recent legislative changes.
- There is no authority under law to waive the annual premium pay limitation under section 5547, except as provided in Note 5 above.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
2016
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $159,572 divided by 2,087 hours yields an hourly rate of $76.46 and a biweekly rate of $6,116.80 ($76.46 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $150,200 divided by 2,087 hours yields an hourly rate of $71.97 and a biweekly rate of $5,757.60 ($71.97 x 80 hours).
The table below provides the biweekly and annual premium pay caps for 2016 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2016.
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see NOTES 1 and 4) | ||
| Alaska | 25.16% | $6,144.80 | $159,764.80 |
| Albany-Schenectady, NY | 14.49% | 5,856.80 | 152,276.80 |
| Albuquerque-Santa Fe-Las Vegas, NM | 14.37% | 5,850.40 | 152,110.40 |
| Atlanta-Athens-Clarke County-Sandy Springs, GA-AL | 19.58% | 6,116.80 | 159,036.80 |
| Austin-Round Rock, TX | 14.51% | 5,857.60 | 152,297.60 |
| Boston-Worcester-Providence, MA-RI-NH-CT-ME | 25.19% | 6,144.80 | 159,764.80 |
| Buffalo-Cheektowaga, NY | 17.31% | 6,000.80 | 156,020.80 |
| Charlotte-Concord, NC-SC | 14.44% | 5,853.60 | 152,193.60 |
| Chicago-Naperville, IL-IN-WI | 25.44% | 6,144.80 | 159,764.80 |
| Cincinnati-Wilmington-Maysville, OH-KY-IN | 18.76% | 6,075.20 | 157,955.20 |
| Cleveland-Akron-Canton, OH | 18.87% | 6,080.80 | 158,100.80 |
| Colorado Springs, CO | 14.52% | 5,857.60 | 152,297.60 |
| Columbus-Marion-Zanesville, OH | 17.41% | 6,005.60 | 156,145.60 |
| Dallas-Fort Worth, TX-OK | 21.04% | 6,144.80 | 159,764.80 |
| Davenport-Moline, IA-IL | 14.43% | 5,853.60 | 152,193.60 |
| Dayton-Springfield-Sidney, OH | 16.50% | 5,959.20 | 154,939.20 |
| Denver-Aurora, CO | 22.93% | 6,144.80 | 159,764.80 |
| Detroit-Warren-Ann Arbor, MI | 24.40% | 6,144.80 | 159,764.80 |
| Harrisburg-Lebanon, PA | 14.47% | 5,855.20 | 152,235.20 |
| Hartford-West Hartford, CT-MA | 26.20% | 6,144.80 | 159,764.80 |
| Hawaii | 16.81% | 5,975.20 | 155,355.20 |
| Houston-The Woodlands, TX | 29.11% | 6,144.80 | 159,764.80 |
| Huntsville-Decatur-Albertville, AL | 16.37% | 5,952.80 | 154,772.80 |
| Indianapolis-Carmel-Muncie, IN | 14.92% | 5,878.40 | 152,838.40 |
| Kansas City-Overland Park-Kansas City, MO-KS | 14.49% | 5,856.80 | 152,276.80 |
| Laredo, TX | 14.59% | 5,861.60 | 152,401.60 |
| Las Vegas-Henderson, NV-AZ | 14.55% | 5,859.20 | 152,339.20 |
| Los Angeles-Long Beach, CA | 27.65% | 6,144.80 | 159,764.80 |
| Miami-Fort Lauderdale-Port St. Lucie, FL | 21.05% | 6,144.80 | 159,764.80 |
| Milwaukee-Racine-Waukesha, WI | 18.39% | 6,056.00 | 157,456.00 |
| Minneapolis-St. Paul, MN-WI | 21.30% | 6,144.80 | 159,764.80 |
| New York-Newark, NY-NJ-CT-PA | 29.20% | 6,144.80 | 159,764.80 |
| Palm Bay-Melbourne-Titusville, FL | 14.42% | 5,852.80 | 152,172.80 |
| Philadelphia-Reading-Camden, PA-NJ-DE-MD | 22.22% | 6,144.80 | 159,764.80 |
| Phoenix-Mesa-Scottsdale, AZ | 17.12% | 5,991.20 | 155,771.20 |
| Pittsburgh-New Castle-Weirton, PA-OH-WV | 16.68% | 5,968.80 | 155,188.80 |
| Portland-Vancouver-Salem, OR-WA | 20.69% | 6,144.80 | 159,764.80 |
| Raleigh-Durham-Chapel Hill, NC | 17.94% | 6,032.80 | 156,852.80 |
| Richmond, VA | 16.76% | 5,972.80 | 155,292.80 |
| Sacramento-Roseville, CA-NV | 22.61% | 6,144.80 | 159,764.80 |
| San Diego-Carlsbad, CA | 24.73% | 6,144.80 | 159,764.80 |
| San Jose-San Francisco-Oakland, CA | 35.75% | 6,144.80 | 159,764.80 |
| Seattle-Tacoma, WA | 22.26% | 6,144.80 | 159,764.80 |
| St. Louis-St. Charles-Farmington, MO-IL | 14.49% | 5,856.80 | 152,276.80 |
| Tucson-Nogales, AZ | 14.51% | 5,857.60 | 152,297.60 |
| Washington-Baltimore-Arlington, DC-MD-VA-WV-PA | 24.78% | 6,144.80 | 159,764.80 |
| Rest of United States | 14.35% | 5,849.60 | 152,089.60 |
| Not in a Locality Pay Area | NA | 5,757.60 | 149,697.60 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap.
- 2016 locality pay area definitions.
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $160,300 in 2016. (See Note 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year. (See 5 CFR 550.106(d).) The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2016. The caps do not match the annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $160,300 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $159,764.80. Similarly, the EX‑V annual rate is $150,200, but the corresponding annual premium pay cap based on 26 payments is $149,697.60. However, some employees may have 27 biweekly salary payments in 2016. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
- Effective January 1, 2016, section 1108 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92, November 25, 2015) extends to calendar year 2016 the authority provided in section 1101 of Public Law 110-417, October 14, 2008, as amended, for the head of an agency to waive the premium pay cap provisions under 5 U.S.C. 5547 for certain employees working overseas. We will issue a separate memorandum with additional information on this authority and other recent legislative changes.
- There is no authority under law to waive the annual premium pay limitation under section 5547, except as provided in Note 5 above.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
2015
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $157,608 divided by 2,087 hours yields an hourly rate of $75.52 and a biweekly rate of $6,041.60 ($75.52 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $148,700 divided by 2,087 hours yields an hourly rate of $71.25 and a biweekly rate of $5,700.00 ($71.25 x 80 hours).
The table below provides the biweekly and annual premium pay caps for 2015 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2015.
| Locality Pay Area (see Note 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see Note 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see Notes 1 and 4) | ||
| Alaska | 24.69% | $6,083.20 | $158,163.20 |
| Atlanta-Sandy Springs-Gainesville, GA-AL | 19.29% | 6,041.60 | 157,081.60 |
| Boston-Worcester-Manchester, MA-NH-RI-ME | 24.80% | 6,083.20 | 158,163.20 |
| Buffalo-Niagara-Cattaraugus, NY | 16.98% | 5,924.80 | 154,044.80 |
| Chicago-Naperville-Michigan City, IL-IN-WI | 25.10% | 6,083.20 | 158,163.20 |
| Cincinnati-Middletown-Wilmington, OH-KY-IN | 18.55% | 6,004.00 | 156,104.00 |
| Cleveland-Akron-Elyria, OH | 18.68% | 6,010.40 | 156,270.40 |
| Columbus-Marion-Chillicothe, OH | 17.16% | 5,933.60 | 154,273.60 |
| Dallas-Fort Worth, TX | 20.67% | 6,083.20 | 158,163.20 |
| Dayton-Springfield-Greenville, OH | 16.24% | 5,887.20 | 153,067.20 |
| Denver-Aurora-Boulder, CO | 22.52% | 6,083.20 | 158,163.20 |
| Detroit-Warren-Flint, MI | 24.09% | 6,083.20 | 158,163.20 |
| Hartford-West Hartford-Willimantic, CT-MA | 25.82% | 6,083.20 | 158,163.20 |
| Hawaii | 16.51% | 5,900.80 | 153,420.80 |
| Houston-Baytown-Huntsville, TX | 28.71% | 6,083.20 | 158,163.20 |
| Huntsville-Decatur, AL | 16.02% | 5,876.00 | 152,776.00 |
| Indianapolis-Anderson-Columbus, IN | 14.68% | 5,808.00 | 151,008.00 |
| Los Angeles-Long Beach-Riverside, CA | 27.16% | 6,083.20 | 158,163.20 |
| Miami-Fort Lauderdale-Pompano Beach, FL | 20.79% | 6,083.20 | 158,163.20 |
| Milwaukee-Racine-Waukesha, WI | 18.10% | 5,981.60 | 155,521.60 |
| Minneapolis-St. Paul-St. Cloud, MN-WI | 20.96% | 6,083.20 | 158,163.20 |
| New York-Newark-Bridgeport, NY-NJ-CT-PA | 28.72% | 6,083.20 | 158,163.20 |
| Philadelphia-Camden-Vineland, PA-NJ-DE-MD | 21.79% | 6,083.20 | 158,163.20 |
| Phoenix-Mesa-Scottsdale, AZ | 16.76% | 5,913.60 | 153,753.60 |
| Pittsburgh-New Castle, PA | 16.37% | 5,893.60 | 153,233.60 |
| Portland-Vancouver-Beaverton, OR-WA | 20.35% | 6,083.20 | 158,163.20 |
| Raleigh-Durham-Cary, NC | 17.64% | 5,957.60 | 154,897.60 |
| Richmond, VA | 16.47% | 5,898.40 | 153,358.40 |
| Sacramento-Arden-Arcade-Yuba City, CA-NV | 22.20% | 6,083.20 | 158,163.20 |
| San Diego-Carlsbad-San Marcos, CA | 24.19% | 6,083.20 | 158,163.20 |
| San Jose-San Francisco-Oakland, CA | 35.15% | 6,083.20 | 158,163.20 |
| Seattle-Tacoma-Olympia, WA | 21.81% | 6,083.20 | 158,163.20 |
| Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA | 24.22% | 6,083.20 | 158,163.20 |
| Rest of United States | 14.16% | 5,781.60 | 150,321.60 |
| Not in a Locality Pay Area | NA | 5,700.00 | 148,200.00 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap.
- 2015 locality pay area definitions
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $158,700 in 2015. (See Note 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year. (See 5 CFR 550.106(d).) The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2015. The caps do not match the annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $158,700 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $158,163.20. Similarly, the EX V annual rate is $148,700, but the corresponding annual premium pay cap based on 26 payments is $148,200.00. However, some employees may have 27 biweekly salary payments in 2015. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
- Effective January 1, 2014, section 1101 of Public Law 113-66, December 26, 2013, extended to calendar year 2014 only the authority provided in section 1101 of Public Law 110-417, October 14, 2008, as amended, for the head of an agency to waive the premium pay cap provisions under 5 U.S.C. 5547 for certain employees working overseas. Please see CPM 2014-04 for more information. We will notify agencies separately about any reauthorization for 2015 of the premium pay cap that may be applied to certain employees who perform work while in certain overseas locations.
- There is no authority under law to waive the annual premium pay limitation under section 5547, except as provided in Note 5 above.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
2014
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $156,043 divided by 2,087 hours yields an hourly rate of $74.77 and a biweekly rate of $5,981.60 ($74.77 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $147,200 divided by 2,087 hours yields an hourly rate of $70.53 and a biweekly rate of $5,642.40 ($70.53 x 80 hours).
The table below provides the biweekly and annual premium pay caps for 2014 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2014.
| Locality Pay Area (see Note 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see Note 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see Notes 1 and 4) | ||
| Alaska | 24.69% | $6,022.40 | $156,582.40 |
| Atlanta-Sandy Springs-Gainesville, GA-AL | 19.29% | 5,981.60 | 155,521.60 |
| Boston-Worcester-Manchester, MA-NH-RI-ME | 24.80% | 6,022.40 | 156,582.40 |
| Buffalo-Niagara-Cattaraugus, NY | 16.98% | 5,865.60 | 152,505.60 |
| Chicago-Naperville-Michigan City, IL-IN-WI | 25.10% | 6,022.40 | 156,582.40 |
| Cincinnati-Middletown-Wilmington, OH-KY-IN | 18.55% | 5,944.80 | 154,564.80 |
| Cleveland-Akron-Elyria, OH | 18.68% | 5,951.20 | 154,731.20 |
| Columbus-Marion-Chillicothe, OH | 17.16% | 5,874.40 | 152,734.40 |
| Dallas-Fort Worth, TX | 20.67% | 6,022.40 | 156,582.40 |
| Dayton-Springfield-Greenville, OH | 16.24% | 5,828.80 | 151,548.80 |
| Denver-Aurora-Boulder, CO | 22.52% | 6,022.40 | 156,582.40 |
| Detroit-Warren-Flint, MI | 24.09% | 6,022.40 | 156,582.40 |
| Hartford-West Hartford-Willimantic, CT-MA | 25.82% | 6,022.40 | 156,582.40 |
| Hawaii | 16.51% | 5,842.40 | 151,902.40 |
| Houston-Baytown-Huntsville, TX | 28.71% | 6,022.40 | 156,582.40 |
| Huntsville-Decatur, AL | 16.02% | 5,817.60 | 151,257.60 |
| Indianapolis-Anderson-Columbus, IN | 14.68% | 5,750.40 | 149,510.40 |
| Los Angeles-Long Beach-Riverside, CA | 27.16% | 6,022.40 | 156,582.40 |
| Miami-Fort Lauderdale-Pompano Beach, FL | 20.79% | 6,022.40 | 156,582.40 |
| Milwaukee-Racine-Waukesha, WI | 18.10% | 5,921.60 | 153,961.60 |
| Minneapolis-St. Paul-St. Cloud, MN-WI | 20.96% | 6,022.40 | 156,582.40 |
| New York-Newark-Bridgeport, NY-NJ-CT-PA | 28.72% | 6,022.40 | 156,582.40 |
| Philadelphia-Camden-Vineland, PA-NJ-DE-MD | 21.79% | 6,022.40 | 156,582.40 |
| Phoenix-Mesa-Scottsdale, AZ | 16.76% | 5,854.40 | 152,214.40 |
| Pittsburgh-New Castle, PA | 16.37% | 5,835.20 | 151,715.20 |
| Portland-Vancouver-Beaverton, OR-WA | 20.35% | 6,022.40 | 156,582.40 |
| Raleigh-Durham-Cary, NC | 17.64% | 5,899.20 | 153,379.20 |
| Richmond, VA | 16.47% | 5,840.00 | 151,840.00 |
| Sacramento-Arden-Arcade-Yuba City, CA-NV | 22.20% | 6,022.40 | 156,582.40 |
| San Diego-Carlsbad-San Marcos, CA | 24.19% | 6,022.40 | 156,582.40 |
| San Jose-San Francisco-Oakland, CA | 35.15% | 6,022.40 | 156,582.40 |
| Seattle-Tacoma-Olympia, WA | 21.81% | 6,022.40 | 156,582.40 |
| Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA | 24.22% | 6,022.40 | 156,582.40 |
| Rest of United States | 14.16% | 5,724.00 | 148,824.00 |
| Not in a Locality Pay Area | NA | 5,642.40 | 146,702.40 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap.
- 2014 locality pay area definitions can be found here.
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $157,100 in 2014. (See Note 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year. (See 5 CFR 550.106(d).) The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2014. The caps do not match the annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $157,100 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $156,582.40. Similarly, the EX V annual rate is $147,200, but the corresponding annual premium pay cap based on 26 payments is $146,702.40. However, some employees may have 27 biweekly salary payments in 2014. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
- Effective January 1, 2014, section 1101 of Public Law 113-66, December 26, 2013, extended to calendar year 2014 the authority provided in section 1101 of Public Law 110-417, October 14, 2008, as amended, for the head of an agency to waive the premium pay cap provisions under 5 U.S.C. 5547 for certain employees working overseas. Please see CPM 2014-04 for more information.
- There is no authority under law to waive the annual premium pay limitation under section 5547, except as provided in Note 5 above.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
2013
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $154,501 divided by 2,087 hours yields an hourly rate of $74.03 and a biweekly rate of $5,922.40 ($74.03 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $145,700 divided by 2,087 hours yields an hourly rate of $69.81 and a biweekly rate of $5,584.80 ($69.81 x 80 hours).
The table below provides the biweekly and annual premium pay caps for 2013 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2013.
| Locality Pay Area (see Note 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see Note 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see Notes 1 and 4) | ||
| Alaska | 24.69% | $5,960.80 | $154,980.80 |
| Atlanta-Sandy Springs-Gainesville, GA-AL | 19.29% | 5,922.40 | 153,982.40 |
| Boston-Worcester-Manchester, MA-NH-RI-ME | 24.80% | 5,960.80 | 154,980.80 |
| Buffalo-Niagara-Cattaraugus, NY | 16.98% | 5,808.00 | 151,008.00 |
| Chicago-Naperville-Michigan City, IL-IN-WI | 25.10% | 5,960.80 | 154,980.80 |
| Cincinnati-Middletown-Wilmington, OH-KY-IN | 18.55% | 5,885.60 | 153,025.60 |
| Cleveland-Akron-Elyria, OH | 18.68% | 5,892.00 | 153,192.00 |
| Columbus-Marion-Chillicothe, OH | 17.16% | 5,816.80 | 151,236.80 |
| Dallas-Fort Worth, TX | 20.67% | 5,960.80 | 154,980.80 |
| Dayton-Springfield-Greenville, OH | 16.24% | 5,771.20 | 150,051.20 |
| Denver-Aurora-Boulder, CO | 22.52% | 5,960.80 | 154,980.80 |
| Detroit-Warren-Flint, MI | 24.09% | 5,960.80 | 154,980.80 |
| Hartford-West Hartford-Willimantic, CT-MA | 25.82% | 5,960.80 | 154,980.80 |
| Hawaii | 16.51% | 5,784.00 | 150,384.00 |
| Houston-Baytown-Huntsville, TX | 28.71% | 5,960.80 | 154,980.80 |
| Huntsville-Decatur, AL | 16.02% | 5,760.00 | 149,760.00 |
| Indianapolis-Anderson-Columbus, IN | 14.68% | 5,693.60 | 148,033.60 |
| Los Angeles-Long Beach-Riverside, CA | 27.16% | 5,960.80 | 154,980.80 |
| Miami-Fort Lauderdale-Pompano Beach, FL | 20.79% | 5,960.80 | 154,980.80 |
| Milwaukee-Racine-Waukesha, WI | 18.10% | 5,863.20 | 152,443.20 |
| Minneapolis-St. Paul-St. Cloud, MN-WI | 20.96% | 5,960.80 | 154,980.80 |
| New York-Newark-Bridgeport, NY-NJ-CT-PA | 28.72% | 5,960.80 | 154,980.80 |
| Philadelphia-Camden-Vineland, PA-NJ-DE-MD | 21.79% | 5,960.80 | 154,980.80 |
| Phoenix-Mesa-Scottsdale, AZ | 16.76% | 5,796.80 | 150,716.80 |
| Pittsburgh-New Castle, PA | 16.37% | 5,777.60 | 150,217.60 |
| Portland-Vancouver-Beaverton, OR-WA | 20.35% | 5,960.80 | 154,980.80 |
| Raleigh-Durham-Cary, NC | 17.64% | 5,840.80 | 151,860.80 |
| Richmond, VA | 16.47% | 5,782.40 | 150,342.40 |
| Sacramento-Arden-Arcade-Yuba City, CA-NV | 22.20% | 5,960.80 | 154,980.80 |
| San Diego-Carlsbad-San Marcos, CA | 24.19% | 5,960.80 | 154,980.80 |
| San Jose-San Francisco-Oakland, CA | 35.15% | 5,960.80 | 154,980.80 |
| Seattle-Tacoma-Olympia, WA | 21.81% | 5,960.80 | 154,980.80 |
| Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA | 24.22% | 5,960.80 | 154,980.80 |
| Rest of United States | 14.16% | 5,668.00 | 147,368.00 |
| Not in a Locality Pay Area | NA | 5,584.80 | 145,204.80 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap.
- 2013 locality pay area definitions can be found here.
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $155,500 in 2013. (See Note 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year. (See 5 CFR 550.106(d).) The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2013. The caps do not match the annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $155,500 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $154,980.80. Similarly, the EX V annual rate is $145,700, but the corresponding annual premium pay cap based on 26 payments is $145,204.80. However, some employees may have 27 biweekly salary payments in 2013. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
- Effective January 1, 2013, section 1101 of Public Law 112-239, January 2, 2013, extends to calendar year 2013 the authority provided in section 1101(a) of Public Law 110-417, October 14, 2008, as amended, for the head of an agency to waive the premium pay cap provisions under 5 U.S.C. 5547 for certain employees working overseas. Please see CPM 2013-04 for more information.
- There is no authority under law to waive the annual premium pay limitation under section 5547, except as provided in Note 5 above.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
2012
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $154,501 divided by 2,087 hours yields an hourly rate of $74.03 and a biweekly rate of $5,922.40 ($74.03 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $145,700 divided by 2,087 hours yields an hourly rate of $69.81 and a biweekly rate of $5,584.80 ($69.81 x 80 hours).
The table below provides the biweekly and annual premium pay caps for 2012 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2012.
| Locality Pay Area (see Note 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see Note 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see Notes 1 and 4) | ||
| Alaska | 24.69% | $5,960.80 | $154,980.80 |
| Atlanta-Sandy Springs-Gainesville, GA-AL | 19.29% | 5,922.40 | 153,982.40 |
| Boston-Worcester-Manchester, MA-NH-RI-ME | 24.80% | 5,960.80 | 154,980.80 |
| Buffalo-Niagara-Cattaraugus, NY | 16.98% | 5,808.00 | 151,008.00 |
| Chicago-Naperville-Michigan City, IL-IN-WI | 25.10% | 5,960.80 | 154,980.80 |
| Cincinnati-Middletown-Wilmington, OH-KY-IN | 18.55% | 5,885.60 | 153,025.60 |
| Cleveland-Akron-Elyria, OH | 18.68% | 5,892.00 | 153,192.00 |
| Columbus-Marion-Chillicothe, OH | 17.16% | 5,816.80 | 151,236.80 |
| Dallas-Fort Worth, TX | 20.67% | 5,960.80 | 154,980.80 |
| Dayton-Springfield-Greenville, OH | 16.24% | 5,771.20 | 150,051.20 |
| Denver-Aurora-Boulder, CO | 22.52% | 5,960.80 | 154,980.80 |
| Detroit-Warren-Flint, MI | 24.09% | 5,960.80 | 154,980.80 |
| Hartford-West Hartford-Willimantic, CT-MA | 25.82% | 5,960.80 | 154,980.80 |
| Hawaii | 16.51% | 5,784.00 | 150,384.00 |
| Houston-Baytown-Huntsville, TX | 28.71% | 5,960.80 | 154,980.80 |
| Huntsville-Decatur, AL | 16.02% | 5,760.00 | 149,760.00 |
| Indianapolis-Anderson-Columbus, IN | 14.68% | 5,693.60 | 148,033.60 |
| Los Angeles-Long Beach-Riverside, CA | 27.16% | 5,960.80 | 154,980.80 |
| Miami-Fort Lauderdale-Pompano Beach, FL | 20.79% | 5,960.80 | 154,980.80 |
| Milwaukee-Racine-Waukesha, WI | 18.10% | 5,863.20 | 152,443.20 |
| Minneapolis-St. Paul-St. Cloud, MN-WI | 20.96% | 5,960.80 | 154,980.80 |
| New York-Newark-Bridgeport, NY-NJ-CT-PA | 28.72% | 5,960.80 | 154,980.80 |
| Philadelphia-Camden-Vineland, PA-NJ-DE-MD | 21.79% | 5,960.80 | 154,980.80 |
| Phoenix-Mesa-Scottsdale, AZ | 16.76% | 5,796.80 | 150,716.80 |
| Pittsburgh-New Castle, PA | 16.37% | 5,777.60 | 150,217.60 |
| Portland-Vancouver-Beaverton, OR-WA | 20.35% | 5,960.80 | 154,980.80 |
| Raleigh-Durham-Cary, NC | 17.64% | 5,840.80 | 151,860.80 |
| Richmond, VA | 16.47% | 5,782.40 | 150,342.40 |
| Sacramento-Arden-Arcade-Yuba City, CA-NV | 22.20% | 5,960.80 | 154,980.80 |
| San Diego-Carlsbad-San Marcos, CA | 24.19% | 5,960.80 | 154,980.80 |
| San Jose-San Francisco-Oakland, CA | 35.15% | 5,960.80 | 154,980.80 |
| Seattle-Tacoma-Olympia, WA | 21.81% | 5,960.80 | 154,980.80 |
| Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA | 24.22% | 5,960.80 | 154,980.80 |
| Rest of United States | 14.16% | 5,668.00 | 147,368.00 |
| Not in a Locality Pay Area | NA | 5,584.80 | 145,204.80 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap.
- 2012 locality pay area definitions can be found here.
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $155,500 in 2012. (See Note 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year. (See 5 CFR 550.106(d).) The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2012. The caps do not match the annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $155,500 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $154,980.80. Similarly, the EX V annual rate is $145,700, but the corresponding annual premium pay cap based on 26 payments is $145,204.80. However, some employees may have 27 biweekly salary payments in 2012. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
- Effective January 1, 2012, section 1104 of Public Law 112-81, December 31, 2011, extends to calendar year 2012 the authority provided in section 1101(a) of Public Law 110-417, October 14, 2008, as amended by section 1103 of Public Law 111-383, January 7, 2011, for the head of an agency to waive the premium pay cap provisions under 5 U.S.C. 5547 for certain employees working overseas. Please see CPM 2012-02 and CPM 2012-05 for additional information.
- No exemptions have been granted to waive the annual premium pay limitation under section 5547 for any emergency situations, except as provided in note 5, above.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
2011
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $154,501 divided by 2,087 hours yields an hourly rate of $74.03 and a biweekly rate of $5,922.40 ($74.03 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $145,700 divided by 2,087 hours yields an hourly rate of $69.81 and a biweekly rate of $5,584.80 ($69.81 x 80 hours).
The table below provides the biweekly premium pay caps for 2011 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2011.
| Locality Pay Area (see Note 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see Note 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see Notes 1 and 4) | ||
| Atlanta-Sandy Springs-Gainesville, GA-AL | 19.29% | $5,922.40 | $153,982.40 |
| Boston-Worcester-Manchester, MA-NH-RI-ME | 24.80% | 5,960.80 | 154,980.80 |
| Buffalo-Niagara-Cattaraugus, NY | 16.98% | 5,808.00 | 151,008.00 |
| Chicago-Naperville-Michigan City, IL-IN-WI | 25.10% | 5,960.80 | 154,980.80 |
| Cincinnati-Middletown-Wilmington, OH-KY-IN | 18.55% | 5,885.60 | 153,025.60 |
| Cleveland-Akron-Elyria, OH | 18.68% | 5,892.00 | 153,192.00 |
| Columbus-Marion-Chillicothe, OH | 17.16% | 5,816.80 | 151,236.80 |
| Dallas-Fort Worth, TX | 20.67% | 5,960.80 | 154,980.80 |
| Dayton-Springfield-Greenville, OH | 16.24% | 5,771.20 | 150,051.20 |
| Denver-Aurora-Boulder, CO | 22.52% | 5,960.80 | 154,980.80 |
| Detroit-Warren-Flint, MI | 24.09% | 5,960.80 | 154,980.80 |
| Hartford-West Hartford-Willimantic, CT-MA | 25.82% | 5,960.80 | 154,980.80 |
| Houston-Baytown-Huntsville, TX | 28.71% | 5,960.80 | 154,980.80 |
| Huntsville-Decatur, AL | 16.02% | 5,760.00 | 149,760.00 |
| Indianapolis-Anderson-Columbus, IN | 14.68% | 5,693.60 | 148,033.60 |
| Los Angeles-Long Beach-Riverside, CA | 27.16% | 5,960.80 | 154,980.80 |
| Miami-Fort Lauderdale-Pompano Beach, FL | 20.79% | 5,960.80 | 154,980.80 |
| Milwaukee-Racine-Waukesha, WI | 18.10% | 5,863.20 | 152,443.20 |
| Minneapolis-St. Paul-St. Cloud, MN-WI | 20.96% | 5,960.80 | 154,980.80 |
| New York-Newark-Bridgeport, NY-NJ-CT-PA | 28.72% | 5,960.80 | 154,980.80 |
| Philadelphia-Camden-Vineland, PA-NJ-DE-MD | 21.79% | 5,960.80 | 154,980.80 |
| Phoenix-Mesa-Scottsdale, AZ | 16.76% | 5,796.80 | 150,716.80 |
| Pittsburgh-New Castle, PA | 16.37% | 5,777.60 | 150,217.60 |
| Portland-Vancouver-Beaverton, OR-WA | 20.35% | 5,960.80 | 154,980.80 |
| Raleigh-Durham-Cary, NC | 17.64% | 5,840.80 | 151,860.80 |
| Richmond, VA | 16.47% | 5,782.40 | 150,342.40 |
| Sacramento-Arden-Arcade-Yuba City, CA-NV | 22.20% | 5,960.80 | 154,980.80 |
| San Diego-Carlsbad-San Marcos, CA | 24.19% | 5,960.80 | 154,980.80 |
| San Jose-San Francisco-Oakland, CA | 35.15% | 5,960.80 | 154,980.80 |
| Seattle-Tacoma-Olympia, WA | 21.81% | 5,960.80 | 154,980.80 |
| Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA | 24.22% | 5,960.80 | 154,980.80 |
| Rest of United States | 14.16% | 5,668.00 | 147,368.00 |
| Alaska | 16.46% | 5,781.60 | 150,321.60 |
| Hawaii | 11.01% | 5,584.80 | 145,204.80 |
| Other Nonforeign Areas listed in 5 CFR 591.205 | 9.44% | 5,584.80 | 145,204.80 |
| Not in a Locality Pay Area | NA | 5,584.80 | 145,204.80 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap.
- 2011 locality pay area definitions can be found here.
- Locality rates for GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $155,500 in 2011. (See Note 4 for an explanation of why annual premium pay cap is different than the annual rate shown in applicable salary schedules.) Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year. (See 5 CFR 550.106(d).) The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2011. The caps do not match the annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $155,500 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $154,980.80. Similarly, the EX-V annual rate is $145,700, but the corresponding annual premium pay cap based on 26 payments is $145,204.80. However, some employees may have 27 biweekly salary payments in 2011. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
- Effective January 1, 2011, section 1103 of Public Law 111-383 (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) extends to calendar year 2011 the authority provided in section 1101(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417, October 14, 2008), as amended by section 1106 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84, October 28, 2009), for the head of an agency to waive the premium pay cap provisions under 5 U.S.C. 5547.
This waiver authority applies to certain civilian employees who perform work while in an overseas location that (1) is in the area of responsibility of the United States Central Command (CENTCOM) or (2) was formerly in the CENTCOM area of responsibility but has been moved to the area of responsibility of the Commander of the United States Africa Command (AFRICOM). The overseas work must meet one of two additional qualifying conditions: (1) performance of work in direct support of or directly related to a military operation (including a contingency operation as defined in 10 U.S.C. 101(a)(13)), or (2) performance of work in direct support of or directly related to an operation in response to an emergency declared by the President.
The annual limitation on basic pay and premium pay allowed under the waiver authority is $230,700 in calendar year 2011 (the annual rate of salary payable to the Vice President under 3 U.S.C. 104). Subsection 1101(b) also provides the aggregate limitation on pay under 5 U.S.C. 5307 will not apply to an employee in calendar year 2011 if the employee is granted a waiver under subsection 1101(a) of the normally applicable premium pay limitations. - No exemptions have been granted to waive the annual premium pay limitation under section 5547 for any emergency situations, except as provided in note 5, above.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
2010
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $154,501 divided by 2,087 hours yields an hourly rate of $74.03 and a biweekly rate of $5,922.40 ($74.03 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $145,700 divided by 2,087 hours yields an hourly rate of $69.81 and a biweekly rate of $5,584.80 ($69.81 x 80 hours).
The table below provides the biweekly premium pay caps for 2010 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2010.
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see NOTES 1 and 4) | ||
| Atlanta-Sandy Springs-Gainesville, GA-AL | 19.29% | $5,922.40 | $153,982.40 |
| Boston-Worcester-Manchester, MA-NH-RI-ME | 24.80% | 5,960.80 | 154,980.80 |
| Buffalo-Niagara-Cattaraugus, NY | 16.98% | 5,808.00 | 151,008.00 |
| Chicago-Naperville-Michigan City, IL-IN-WI | 25.10% | 5,960.80 | 154,980.80 |
| Cincinnati-Middletown-Wilmington, OH-KY-IN | 18.55% | 5,885.60 | 153,025.60 |
| Cleveland-Akron-Elyria, OH | 18.68% | 5,892.00 | 153,192.00 |
| Columbus-Marion-Chillicothe, OH | 17.16% | 5,816.80 | 151,236.80 |
| Dallas-Fort Worth, TX | 20.67% | 5,960.80 | 154,980.80 |
| Dayton-Springfield-Greenville, OH | 16.24% | 5,771.20 | 150,051.20 |
| Denver-Aurora-Boulder, CO | 22.52% | 5,960.80 | 154,980.80 |
| Detroit-Warren-Flint, MI | 24.09% | 5,960.80 | 154,980.80 |
| Hartford-West Hartford-Willimantic, CT-MA | 25.82% | 5,960.80 | 154,980.80 |
| Houston-Baytown-Huntsville, TX | 28.71% | 5,960.80 | 154,980.80 |
| Huntsville-Decatur, AL | 16.02% | 5,760.00 | 149,760.00 |
| Indianapolis-Anderson-Columbus, IN | 14.68% | 5,693.60 | 148,033.60 |
| Los Angeles-Long Beach-Riverside, CA | 27.16% | 5,960.80 | 154,980.80 |
| Miami-Fort Lauderdale-Pompano Beach, FL | 20.79% | 5,960.80 | 154,980.80 |
| Milwaukee-Racine-Waukesha, WI | 18.10% | 5,863.20 | 152,443.20 |
| Minneapolis-St. Paul-St. Cloud, MN-WI | 20.96% | 5,960.80 | 154,980.80 |
| New York-Newark-Bridgeport, NY-NJ-CT-PA | 28.72% | 5,960.80 | 154,980.80 |
| Philadelphia-Camden-Vineland, PA-NJ-DE-MD | 21.79% | 5,960.80 | 154,980.80 |
| Phoenix-Mesa-Scottsdale, AZ | 16.76% | 5,796.80 | 150,716.80 |
| Pittsburgh-New Castle, PA | 16.37% | 5,777.60 | 150,217.60 |
| Portland-Vancouver-Beaverton, OR-WA | 20.35% | 5,960.80 | 154,980.80 |
| Raleigh-Durham-Cary, NC | 17.64% | 5,840.80 | 151,860.80 |
| Richmond, VA | 16.47% | 5,782.40 | 150,342.40 |
| Sacramento-Arden-Arcade-Yuba City, CA-NV | 22.20% | 5,960.80 | 154,980.80 |
| San Diego-Carlsbad-San Marcos, CA | 24.19% | 5,960.80 | 154,980.80 |
| San Jose-San Francisco-Oakland, CA | 35.15% | 5,960.80 | 154,980.80 |
| Seattle-Tacoma-Olympia, WA | 21.81% | 5,960.80 | 154,980.80 |
| Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA | 24.22% | 5,960.80 | 154,980.80 |
| Rest of United States | 14.16% | 5,668.00 | 147,368.00 |
| Alaska | 4.72% | 5,584.80 | 145,204.80 |
| Hawaii | 4.72% | 5,584.80 | 145,204.80 |
| Other Nonforeign Areas listed in 5 CFR 591.205 | 4.72% | 5,584.80 | 145,204.80 |
| Not in a Locality Pay Area | NA | 5,584.80 | 145,204.80 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap.
- See 5 CFR 531.603(b) and the OPM website for definitions of locality pay areas.
- Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year. (See 5 CFR 550.106(d).) The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2010. However, some employees may have 27 biweekly salary payments in 2010. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
- Under section 1106 of Public Law 111-84, the head of an agency may waive the premium pay cap provisions under 5 U.S.C. 5547 in calendar year 2010 for an employee who performs work while in an overseas location that (1) is in the area of responsibility of the Commander of the United States Central Command (CENTCOM) or (2) was formerly in the CENTCOM area of responsibility but has been moved to the area of responsibility of the Commander of the United States Africa Command (AFRICOM). The overseas work must meet one of two additional qualifying conditions: (1) performance of work in direct support of or directly related to a military operation (including a contingency operation as defined in 10 U.S.C. 101(a)(13)) or (2) performance of work in direct support of or directly related to an operation in response to an emergency declared by the President. Under the waiver authority, a covered employee may receive premium pay in calendar year 2010 to the extent that such premium pay would not cause the employee's aggregate amount of basic pay and premium pay payable in calendar year 2010 to exceed $230,700.
- No exemptions have been granted to waive the annual premium pay limitation under section 5547 for any emergency situations, except as provided in note 5, above.
- When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)
2009
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $151,275 divided by 2,087 hours yields an hourly rate of $72.48 and a biweekly rate of $5,798.40 ($72.48 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $143,500 divided by 2,087 hours yields an hourly rate of $68.76 and a biweekly rate of $5,500.80 ($68.76 x 80 hours).
The table below provides the biweekly premium pay caps for 2009 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2009.
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see NOTES 1 and 4) | ||
| Atlanta-Sandy Springs-Gainesville, GA-AL | 18.55% | $5,798.40 | $150,758.40 |
| Boston-Worcester-Manchester, MA-NH-RI-ME | 23.98% | 5,872.80 | 152,692.80 |
| Buffalo-Niagara-Cattaraugus, NY | 16.39% | 5,692.80 | 148,012.80 |
| Chicago-Naperville-Michigan City, IL-IN-WI | 24.47% | 5,872.80 | 152,692.80 |
| Cincinnati-Middletown-Wilmington, OH-KY-IN | 18.28% | 5,785.60 | 150,425.60 |
| Cleveland-Akron-Elyria, OH | 18.16% | 5,780.00 | 150,280.00 |
| Columbus-Marion-Chillicothe, OH | 16.62% | 5,704.00 | 148,304.00 |
| Dallas-Fort Worth, TX | 19.95% | 5,867.20 | 152,547.20 |
| Dayton-Springfield-Greenville, OH | 15.90% | 5,668.80 | 147,388.80 |
| Denver-Aurora-Boulder, CO | 22.03% | 5,872.80 | 152,692.80 |
| Detroit-Warren-Flint, MI | 23.56% | 5,872.80 | 152,692.80 |
| Hartford-West Hartford-Willimantic, CT-MA | 25.08% | 5,872.80 | 152,692.80 |
| Houston-Baytown-Huntsville, TX | 28.28% | 5,872.80 | 152,692.80 |
| Huntsville-Decatur, AL | 15.46% | 5,648.00 | 146,848.00 |
| Indianapolis-Anderson-Columbus, IN | 14.23% | 5,587.20 | 145,267.20 |
| Los Angeles-Long Beach-Riverside, CA | 26.51% | 5,872.80 | 152,692.80 |
| Miami-Fort Lauderdale-Pompano Beach, FL | 20.21% | 5,872.80 | 152,692.80 |
| Milwaukee-Racine-Waukesha, WI | 17.65% | 5,754.40 | 149,614.40 |
| Minneapolis-St. Paul-St. Cloud, MN-WI | 20.36% | 5,872.80 | 152,692.80 |
| New York-Newark-Bridgeport, NY-NJ-CT-PA | 27.96% | 5,872.80 | 152,692.80 |
| Philadelphia-Camden-Vineland, PA-NJ-DE-MD | 21.25% | 5,872.80 | 152,692.80 |
| Phoenix-Mesa-Scottsdale, AZ | 16.08% | 5,677.60 | 147,617.60 |
| Pittsburgh-New Castle, PA | 15.86% | 5,667.20 | 147,347.20 |
| Portland-Vancouver-Beaverton, OR-WA | 19.71% | 5,855.20 | 152,235.20 |
| Raleigh-Durham-Cary, NC | 17.38% | 5,741.60 | 149,281.60 |
| Richmond, VA | 16.10% | 5,679.20 | 147,659.20 |
| Sacramento–Arden-Arcade–Yuba City, CA-NV | 21.53% | 5,872.80 | 152,692.80 |
| San Diego-Carlsbad-San Marcos, CA | 23.44% | 5,872.80 | 152,692.80 |
| San Jose-San Francisco-Oakland, CA | 34.35% | 5,872.80 | 152,692.80 |
| Seattle-Tacoma-Olympia, WA | 21.06% | 5,872.80 | 152,692.80 |
| Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA | 23.10% | 5,872.80 | 152,692.80 |
| Rest of United States | 13.86% | 5,569.60 | 144,809.60 |
| Outside Continental United States | NA | 5,500.80 | 143,020.80 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap.
- See 5 CFR 531.603(b) and the OPM website for definitions of locality pay areas.
- Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above. Since both locality rates and special rates may not exceed level IV of the Executive Schedule ($153,200 annual rate, $5,872.80 biweekly rate), the highest possible biweekly cap is $5,872.80.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year. (See 5 CFR 550.106(d).) The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2009. However, some employees may have 27 biweekly salary payments in 2009. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
- Under section 1101(a) of Public Law 110-417, the head of an agency may waive the premium pay cap provisions under 5 U.S.C. 5547 in calendar year 2009 for an employee who performs work while in an overseas location that (1) is in the area of responsibility of the Commander of the United States Central Command (CENTCOM) or (2) was formerly in the CENTCOM area of responsibility but has been moved to the area of responsibility of the Commander of the United States Africa Command (AFRICOM). The qualifying overseas work must meet one of two additional qualifying conditions: (1) performance of work in direct support of or directly related to a military operation (including a contingency operation as defined in 10 U.S.C. 101(a)(13)) or (2) performance of work in direct support of or directly related to an operation in response to an emergency declared by the President. Under the waiver authority, a covered employee may receive premium pay in calendar year 2009 to the extent that such premium pay would not cause the employee's aggregate amount of basic pay and premium pay payable in calendar year 2009 to exceed $227,300.(See CPM 2008-19.)
2008
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $145,464 divided by 2,087 hours yields an hourly rate of $69.70 and a biweekly rate of $5,576.00 ($69.70 x 80 hours). Similarly, the Executive Level V annual rate of $139,600 divided by 2,087 hours yields an hourly rate of $66.89 and a biweekly rate of $5,351.20 ($66.89 x 80 hours).
The table below provides the biweekly premium pay caps for 2008 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2008.
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see NOTES 1 and 4) | ||
| Atlanta-Sandy Springs-Gainesville, GA-AL | 17.30% | $5,576.00 | $144,976.00 |
| Boston-Worcester-Manchester, MA-NH-RI-ME | 22.51% | 5,711.20 | 148,491.20 |
| Buffalo-Niagara-Cattaraugus, NY | 15.37% | 5,484.00 | 142,584.00 |
| Chicago-Naperville-Michigan City, IL-IN-WI | 23.16% | 5,711.20 | 148,491.20 |
| Cincinnati-Middletown-Wilmington, OH-KY-IN | 17.77% | 5,598.40 | 145,558.40 |
| Cleveland-Akron-Elyria, OH | 17.11% | 5,567.20 | 144,747.20 |
| Columbus-Marion-Chillicothe, OH | 15.80% | 5,504.80 | 143,124.80 |
| Dallas-Fort Worth, TX | 18.74% | 5,644.80 | 146,764.80 |
| Dayton-Springfield-Greenville, OH | 15.26% | 5,479.20 | 142,459.20 |
| Denver-Aurora-Boulder, CO | 21.03% | 5,711.20 | 148,491.20 |
| Detroit-Warren-Flint, MI | 22.53% | 5,711.20 | 148,491.20 |
| Hartford-West Hartford-Willimantic, CT-MA | 23.97% | 5,711.20 | 148,491.20 |
| Houston-Baytown-Huntsville, TX | 27.39% | 5,711.20 | 148,491.20 |
| Huntsville-Decatur, AL | 14.23% | 5,430.40 | 141,190.40 |
| Indianapolis-Anderson-Columbus, IN | 13.51% | 5,396.00 | 140,296.00 |
| Los Angeles-Long Beach-Riverside, CA | 25.26% | 5,711.20 | 148,491.20 |
| Miami-Fort Lauderdale-Pompano Beach, FL | 19.11% | 5,662.40 | 147,222.40 |
| Milwaukee-Racine-Waukesha, WI | 16.73% | 5,548.80 | 144,268.80 |
| Minneapolis-St. Paul-St. Cloud, MN-WI | 19.43% | 5,677.60 | 147,617.60 |
| New York-Newark-Bridgeport, NY-NJ-CT-PA | 26.36% | 5,711.20 | 148,491.20 |
| Philadelphia-Camden-Vineland, PA-NJ-DE-MD | 20.14% | 5,711.20 | 148,491.20 |
| Phoenix-Mesa-Scottsdale, AZ | 14.74% | 5,454.40 | 141,814.40 |
| Pittsburgh-New Castle, PA | 14.93% | 5,463.20 | 142,043.20 |
| Portland-Vancouver-Beaverton, OR-WA | 18.72% | 5,643.20 | 146,723.20 |
| Raleigh-Durham-Cary, NC | 16.82% | 5,552.80 | 144,372.80 |
| Richmond, VA | 15.40% | 5,485.60 | 142,625.60 |
| Sacramento-Arden-Arcade-Yuba City, CA-NV | 20.25% | 5,711.20 | 148,491.20 |
| San Diego-Carlsbad-San Marcos, CA | 22.00% | 5,711.20 | 148,491.20 |
| San Jose-San Francisco-Oakland, CA | 32.53% | 5,711.20 | 148,491.20 |
| Seattle-Tacoma-Olympia, WA | 19.75% | 5,692.80 | 148,012.80 |
| Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA | 20.89% | 5,711.20 | 148,491.20 |
| Rest of United States | 13.18% | 5,380.00 | 139,880.00 |
| Outside Continental United States | NA | 5,351.20 | 139,131.20 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See NOTE 4 regarding the method of computing the annual premium pay cap.
- See 5 CFR 531.603(b) and the OPM website for definitions of locality pay areas.
- Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table above. Since both locality rates and special rates may not exceed level IV of the Executive Schedule ($149,000 annual rate, $5,711.20 biweekly rate), the highest possible biweekly cap is $5,711.20.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year. (See 5 CFR 550.106(d).) The annual caps listed in the table above apply to employees with 26 biweekly salary payments in 2008. However, based on the payroll schedule of their servicing payroll provider, some employees will have 27 biweekly salary payments in 2008. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
- Under section 1105 of Public Law 109-163, as amended, the head of an agency may waive the premium pay cap provisions under 5 U.S.C. 5547 in calendar year 2008 for an employee who performs work while in an overseas location that is in the area of responsibility of the commander of the United States Central Command, in direct support of or directly related to a military operation (including a contingency operation as defined in 10 U.S.C. 101(13)) or an operation in response to an emergency declared by the President. Under the waiver authority, a covered employee may receive premium pay in calendar year 2008 to the extent that such premium pay would not cause the employee's aggregate amount of basic pay and premium pay payable in calendar year 2008 to exceed $212,100. (See CPM 2008-04.)
2007
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Washington, DC, the GS-15, step 10, annual locality rate of $143,471 divided by 2,087 hours yields an hourly rate of $68.75 and a biweekly rate of $5,500 ($68.75 x 80 hours). Similarly, the Executive Level V annual rate of $136,200 divided by 2,087 hours yields an hourly rate of $65.26 and a biweekly rate of $5,220.80 ($65.26 x 80 hours).
The table below provides the biweekly premium pay caps for 2007 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2007.
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) |
|
|---|---|---|---|
| Biweekly Cap | Applicable Annual Cap Assuming 26 Biweekly Salary Payments (see NOTE 4) |
||
| Atlanta-Sandy Springs-Gainesville, GA-AL | 15.89% | $5,374.40 | $139,734.40 |
| Boston-Worcester-Manchester, MA-NH-ME-RI | 20.97% | 5,573.60 | 144,913.60 |
| Buffalo-Niagara-Cattaraugus, NY | 14.15% | 5,293.60 | 137,633.60 |
| Chicago-Naperville-Michigan City, IL-IN-WI | 21.79% | 5,573.60 | 144,913.60 |
| Cincinnati-Middletown-Wilmington, OH-KY-IN | 17.38% | 5,443.20 | 141,523.20 |
| Cleveland-Akron-Elyria, OH | 15.96% | 5,377.60 | 139,817.60 |
| Columbus-Marion-Chillicothe, OH | 15.00% | 5,332.80 | 138,652.80 |
| Dallas-Fort Worth, TX | 17.34% | 5,441.60 | 141,481.60 |
| Dayton-Springfield-Greenville, OH | 14.27% | 5,299.20 | 137,779.20 |
| Denver-Aurora-Boulder, CO | 20.02% | 5,565.60 | 144,705.60 |
| Detroit-Warren-Flint, MI | 21.53% | 5,573.60 | 144,913.60 |
| Hartford-West Hartford-Willimantic, CT-MA | 22.44% | 5,573.60 | 144,913.60 |
| Houston-Baytown-Huntsville, TX | 26.65% | 5,573.60 | 144,913.60 |
| Huntsville-Decatur, AL | 13.60% | 5,268.00 | 136,968.00 |
| Indianapolis-Anderson-Columbus, IN | 13.00% | 5,240.80 | 136,260.80 |
| Los Angeles-Long Beach-Riverside, CA | 24.03% | 5,573.60 | 144,913.60 |
| Miami-Fort Lauderdale-Miami Beach, FL | 18.30% | 5,486.40 | 142,646.40 |
| Milwaukee-Racine-Waukesha, WI | 15.54% | 5,358.40 | 139,318.40 |
| Minneapolis-St. Paul-St. Cloud, MN-WI | 18.17% | 5,480.00 | 142,480.00 |
| New York-Newark-Bridgeport, NY-NJ-CT-PA | 24.57% | 5,573.60 | 144,913.60 |
| Philadelphia-Camden-Vineland, PA-NJ-DE-MD | 18.85% | 5,512.00 | 143,312.00 |
| Phoenix-Mesa-Scottsdale, AZ | 13.22% | 5,250.40 | 136,510.40 |
| Pittsburgh-New Castle, PA | 14.16% | 5,294.40 | 137,654.40 |
| Portland-Vancouver-Beaverton, OR-WA | 17.63% | 5,455.20 | 141,835.20 |
| Raleigh-Durham-Cary, NC | 16.18% | 5,388.00 | 140,088.00 |
| Richmond, VA | 14.41% | 5,305.60 | 137,945.60 |
| Sacramento--Arden-Arcade--Truckee, CA-NV | 18.99% | 5,518.40 | 143,478.40 |
| San Diego-Carlsbad-San Marcos, CA | 20.34% | 5,573.60 | 144,913.60 |
| San Jose-San Francisco-Oakland, CA | 30.33% | 5,573.60 | 144,913.60 |
| Seattle-Tacoma-Olympia, WA | 18.58% | 5,499.20 | 142,979.20 |
| Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV | 18.59% | 5,500.00 | 143,000.00 |
| Rest of United States | 12.64% | 5,224.00 | 135,824.00 |
| Outside Continental United States | NA | 5,220.80 | 135,740.80 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See Note 4 regarding the method of computing the annual premium pay cap.
- See 5 CFR 531.603(b) and the OPM website for definitions of locality pay areas.
- Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in this chart. Since both locality rates and special rates may not exceed level IV of the Executive Schedule ($145,400 annual rate, $5,573.60 biweekly rate), the highest possible biweekly cap is $5,573.60.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year (26 in 2007 for most employees). (See 5 CFR 550.106(d).) Based on the payroll schedule of their agencies' servicing payroll provider, some employees will have 27 biweekly salary payments in 2007. For these employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.
- Under section 1105 of the Fiscal Year 2007 National Defense Authorization Act (Public Law 109-364), the head of an agency may waive the premium pay cap provisions under 5 U.S.C. 5547 in calendar year 2007 for an employee who performs work while in an overseas location that is in the area of responsibility of the commander of the United States Central Command, in direct support of or directly related to a military operation (including a contingency operation as defined in 10 U.S.C. 101(13)). Under the waiver authority, a covered employee may receive premium pay in calendar year 2007 to the extent that such premium pay would not cause the employee's aggregate amount of basic pay and premium pay payable in calendar year 2007 to exceed $212,100. (See CPM 2006-11.)
2006
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable scheduled annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Washington, DC, the GS-15, step 10, scheduled annual locality rate of $139,774 divided by 2,087 hours yields an hourly rate of $66.97 and a biweekly rate of $5,357.60 ($66.97 x 80 hours). Similarly, the Executive Level V annual rate of $133,900 divided by 2,087 hours yields an hourly rate of $64.16 and a biweekly rate of $5,132.80 ($64.16 x 80 hours).
The table below provides the biweekly premium pay caps for 2006 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2006.
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) |
|
|---|---|---|---|
| Biweekly Cap | Applicable Annual Rate (see NOTE 4) |
||
| Atlanta | 15.10% | $5,248.80 | $136,468.80 |
| Boston | 19.99% | 5,471.20 | 142,251.20 |
| Buffalo | 13.52% | 5,176.80 | 134,596.80 |
| Chicago | 21.15% | 5,481.60 | 142,521.60 |
| Cincinnati | 17.08% | 5,338.40 | 138,798.40 |
| Cleveland | 15.41% | 5,262.40 | 136,822.40 |
| Columbus, OH | 14.85% | 5,236.80 | 136,156.80 |
| Dallas-Ft. Worth | 16.39% | 5,307.20 | 137,987.20 |
| Dayton | 13.83% | 5,190.40 | 134,950.40 |
| Denver | 19.49% | 5,448.80 | 141,668.80 |
| Detroit | 21.00% | 5,481.60 | 142,521.60 |
| Hartford | 21.30% | 5,481.60 | 142,521.60 |
| Houston | 26.37% | 5,481.60 | 142,521.60 |
| Huntsville | 13.35% | 5,168.80 | 134,388.80 |
| Indianapolis | 12.85% | 5,145.60 | 133,785.60 |
| Los Angeles | 23.18% | 5,481.60 | 142,521.60 |
| Miami | 17.84% | 5,373.60 | 139,713.60 |
| Milwaukee | 14.74% | 5,232.00 | 136,032.00 |
| Minneapolis-St. Paul | 17.31% | 5,349.60 | 139,089.60 |
| New York | 22.97% | 5,481.60 | 142,521.60 |
| Philadelphia | 18.04% | 5,382.40 | 139,942.40 |
| Phoenix | 12.65% | 5,136.80 | 133,556.80 |
| Pittsburgh | 13.81% | 5,189.60 | 134,929.60 |
| Portland, OR | 17.16% | 5,342.40 | 138,902.40 |
| Raleigh | 15.57% | 5,269.60 | 137,009.60 |
| Richmond | 14.15% | 5,204.80 | 135,324.80 |
| Sacramento | 17.91% | 5,376.80 | 139,796.80 |
| San Diego | 19.19% | 5,435.20 | 141,315.20 |
| San Jose-San Francisco | 28.68% | 5,481.60 | 142,521.60 |
| Seattle | 17.93% | 5,377.60 | 139,817.60 |
| Washington, DC | 17.50% | 5,357.60 | 139,297.60 |
| Rest of United States | 12.52% | 5,132.80 | 133,452.80 |
| Outside Continental U.S. | NA | 5,132.80 | 133,452.80 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) See Note 4 regarding method of computing the annual premium pay cap.
- See 5 CFR 531.603(b) and the OPM website for definitions of locality pay areas.
- Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in this chart.
- The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year (26 in 2006). (See 5 CFR 550.106(d).)
2005
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable scheduled annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Washington, DC, the GS-15, step 10, scheduled annual locality rate of $135,136 divided by 2,087 hours yields an hourly rate of $64.75 and a biweekly rate of $5,180.00 ($64.75 x 80 hours). Similarly, the Executive Level V annual rate of $131,400 divided by 2,087 hours yields an hourly rate of $62.96 and a biweekly rate of $5,036.80 ($62.96 x 80 hours).
The table below provides the biweekly premium pay caps for 2005 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2005.
| Locality Pay Area (see NOTE 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see NOTE 3) |
|
|---|---|---|---|
| Biweekly Cap | Applicable Annual Rate | ||
| Atlanta | 13.87% | $5,085.60 | $132,678 |
| Boston | 18.49% | 5,292.00 | 138,061 |
| Chicago | 19.70% | 5,346.40 | 139,471 |
| Cincinnati | 16.04% | 5,182.40 | 135,206 |
| Cleveland | 14.24% | 5,102.40 | 133,109 |
| Columbus, OH | 13.98% | 5,090.40 | 132,806 |
| Dallas-Ft. Worth | 15.07% | 5,139.20 | 134,076 |
| Dayton | 12.86% | 5,040.80 | 131,501 |
| Denver | 18.06% | 5,272.80 | 137,560 |
| Detroit | 19.67% | 5,344.80 | 139,436 |
| Hartford | 19.52% | 5,338.40 | 139,261 |
| Houston | 24.77% | 5,378.40 | 140,300 |
| Huntsville | 12.42% | 5,036.80 | 131,400 |
| Indianapolis | 12.01% | 5,036.80 | 131,400 |
| Kansas City | 12.36% | 5,036.80 | 131,400 |
| Los Angeles | 21.65% | 5,378.40 | 140,300 |
| Miami | 16.77% | 5,215.20 | 136,057 |
| Milwaukee | 13.62% | 5,074.40 | 132,387 |
| Minneapolis-St. Paul | 15.99% | 5,180.80 | 135,148 |
| New York | 20.99% | 5,378.40 | 140,300 |
| Orlando | 11.75% | 5,036.80 | 131,400 |
| Philadelphia | 16.67% | 5,211.20 | 135,940 |
| Pittsburgh | 12.86% | 5,040.80 | 131,501 |
| Portland, OR | 15.93% | 5,177.60 | 135,078 |
| Richmond | 13.15% | 5,053.60 | 131,839 |
| Sacramento | 16.51% | 5,204.00 | 135,754 |
| St. Louis | 12.09% | 5,036.80 | 131,400 |
| San Diego | 17.68% | 5,256.00 | 137,117 |
| San Jose-San Francisco | 26.39% | 5,378.40 | 140,300 |
| Seattle | 16.53% | 5,204.80 | 135,777 |
| Washington, DC | 15.98% | 5,180.00 | 135,136 |
| Rest of United States | 11.72% | 5,036.80 | 131,400 |
| Outside Continental U.S. | NA | 5,036.80 | 131,400 |
Notes:
- In certain emergency or mission-critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) Please note that the applicable annual rate in this table is not the annual premium pay cap. The amount of the annual premium pay cap is computed by multiplying the applicable biweekly rate by the number of biweekly salary payments in the given year (26 or 27). (See 5 CFR 550.106(d).)
- See 5 CFR 531.603(b) and the OPM website for definitions of locality pay areas.
- Effective May 1, 2005, the cap on special salary rates under 5 U.S.C. 5305 increased to the rate for level IV of the Executive Schedule. (See section 301 of Public Law 108-411.) The biweekly premium pay cap for certain special rate employees may have increased at that time. Thus, certain special salary rate employees may have a higher biweekly premium pay pay cap at GS-15, step 10, than that shown in this chart.
2004
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate for (1) GS-15, step 10 (including any applicable special salary rate or locality rate), or (2) level V of the Executive Schedule. (See Note 1.) The biweekly rate is computed by (1) dividing the applicable scheduled annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Los Angeles, the GS-15, step 10, scheduled annual locality rate of $136,466 divided by 2,087 hours yields an hourly rate of $65.39 and a biweekly rate of $5,231.20 ($65.39 x 80 hours). Similarly, the Executive Level V annual rate of $128,200 divided by 2,087 hours yields an hourly rate of $61.43 and a biweekly rate of $4,914.40 ($61.43 x 80 hours).
The table below provides the biweekly premium pay caps for 2004 by locality pay area. These caps are effective as of the first day of the first applicable pay period beginning on or after January 1, 2004.
| Locality Pay Area (see Note 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see Note 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Rate | ||
| Atlanta | 12.61% | $4,914.40 | $128,200 |
| Boston | 16.99% | 5,097.60 | 132,987 |
| Chicago | 18.26% | 5,152.80 | 134,431 |
| Cincinnati | 15.07% | 5,014.40 | 130,805 |
| Cleveland | 13.14% | 4,929.60 | 128,611 |
| Columbus, OH | 13.14% | 4,929.60 | 128,611 |
| Dallas-Ft. Worth | 13.85% | 4,960.80 | 129,418 |
| Dayton | 12.03% | 4,914.40 | 128,200 |
| Denver | 16.66% | 5,083.20 | 132,612 |
| Detroit | 18.32% | 5,156.00 | 134,499 |
| Hartford | 17.87% | 5,136.00 | 133,988 |
| Houston | 23.14% | 5,248.00 | 136,900 |
| Huntsville | 11.49% | 4,914.40 | 128,200 |
| Indianapolis | 11.11% | 4,914.40 | 128,200 |
| Kansas City | 11.54% | 4,914.40 | 128,200 |
| Los Angeles | 20.05% | 5,231.20 | 136,466 |
| Miami | 15.54% | 5,034.40 | 131,339 |
| Milwaukee | 12.64% | 4,914.40 | 128,200 |
| Minneapolis-St. Paul | 14.75% | 5,000.00 | 130,441 |
| New York | 19.29% | 5,197.60 | 135,602 |
| Orlando | 10.93% | 4,914.40 | 128,200 |
| Philadelphia | 15.32% | 5,024.80 | 131,089 |
| Pittsburgh | 11.92% | 4,914.40 | 128,200 |
| Portland, OR | 14.69% | 4,997.60 | 130,373 |
| Richmond | 12.13% | 4,914.40 | 128,200 |
| Sacramento | 15.18% | 5,019.20 | 130,930 |
| St. Louis | 11.27% | 4,914.40 | 128,200 |
| San Diego | 16.16% | 5,061.60 | 132,044 |
| San Francisco | 24.21% | 5,248.00 | 136,900 |
| Seattle | 15.12% | 5,016.00 | 130,862 |
| Washington, DC | 14.63% | 4,995.20 | 130,305 |
| Rest of United States | 10.90% | 4,914.40 | 128,200 |
| Outside Continental U.S. | NA | 4,914.40 | 128,200 |
Notes:
- In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106 - 550.107.)
- See 5 CFR 531.603(b) and the OPM website for definitions of locality pay areas.
- Under current law, special salary rates under both title 5 (established by OPM under 5 U.S.C. 5305) and title 38 (established by the Department of Veterans Affairs under 38 U.S.C. 7455) are capped at the rate for level V of the Executive Schedule. Thus, no GS 15, step 10, special salary rate will produce a cap higher than that shown in the above chart.
2003
(Revised to Reflect the Consolidated Appropriations Resolution, Public Law 108-7, February 20, 2003 )
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate for (1) GS-15, step 10 (including any applicable locality rate or special salary rate), or (2) level V of the Executive Schedule. (See NOTES 1 and 2.) The biweekly rate is computed by (1) dividing the applicable scheduled annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Los Angeles, the GS-15, step 10, scheduled annual locality rate of $130,284 divided by 2,087 hours yields an hourly rate of $62.43 and a biweekly rate of $4,994.40 ($62.43 x 80 hours). Similarly, the Executive Level V annual rate of $125,400 divided by 2,087 hours yields an hourly rate of $60.09 and a biweekly rate of $4,807.20 ($60.09 x 80 hours).
The table below provides the biweekly cap amounts for 2003 by locality pay area. These caps are effective as of the first pay period beginning on or after January 1, 2003.
| Locality Pay Area (see Note 2) |
Locality Pay Percentage | Greater of the GS-15, Step 10, Locality Rate or Level V of the Executive Schedule (see Note 3) | |
|---|---|---|---|
| Biweekly Cap | Applicable Annual Rate | ||
| Atlanta | 10.85% | $4,807.20 | $125,400 |
| Boston | 15.00% | 4,879.20 | 127,284 |
| Boston (LEO 1) | 16.00% | 4,921.60 | 128,391 |
| Boston (LEO 2) | 15.00% | 4,879.20 | 127,284 |
| Chicago | 16.15% | 4,928.00 | 128,557 |
| Cincinnati | 13.44% | 4,812.80 | 125,558 |
| Cleveland | 11.50% | 4,807.20 | 125,400 |
| Columbus, OH | 11.78% | 4,807.20 | 125,400 |
| Dallas-Ft. Worth | 12.10% | 4,807.20 | 125,400 |
| Dayton | 10.67% | 4,807.20 | 125,400 |
| Denver | 14.77% | 4,869.60 | 127,030 |
| Detroit | 16.27% | 4,932.80 | 128,690 |
| Hartford | 15.56% | 4,903.20 | 127,904 |
| Houston | 20.53% | 5,113.60 | 133,405 |
| Huntsville | 10.06% | 4,807.20 | 125,400 |
| Indianapolis | 9.83% | 4,807.20 | 125,400 |
| Kansas City | 10.26% | 4,807.20 | 125,400 |
| Los Angeles | 17.71% | 4,994.40 | 130,284 |
| Miami | 13.81% | 4,828.80 | 125,967 |
| Milwaukee | 11.20% | 4,807.20 | 125,400 |
| Minneapolis-St. Paul | 12.84% | 4,807.20 | 125,400 |
| New York (see Note 5) | 16.83% | 4,956.80 | 129,310 |
| Orlando | 9.65% | 4,807.20 | 125,400 |
| Philadelphia | 13.43% | 4,812.80 | 125,547 |
| Pittsburgh | 10.52% | 4,807.20 | 125,400 |
| Portland | 12.97% | 4,807.20 | 125,400 |
| Richmond | 10.75% | 4,807.20 | 125,400 |
| Sacramento | 13.29% | 4,807.20 | 125,400 |
| St. Louis | 9.99% | 4,807.20 | 125,400 |
| San Diego | 14.07% | 4,840.00 | 126,255 |
| San Francisco | 21.08% | 5,136.80 | 134,000 |
| Seattle | 13.11% | 4,807.20 | 125,400 |
| Washington, DC | 12.74% | 4,807.20 | 125,400 |
| Rest of U.S. | 9.62% | 4,807.20 | 125,400 |
| Outside Continental U.S. | NA | 4,807.20 | 125,400 |
Notes:
- In certain emergency or mission-critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.)
- Section 1114 of Public Law 107-107 (December 28, 2001) amended 5 U.S.C. 5547 effective on the first day of the first pay period beginning on or after April 27, 2002. On April 19, 2002, OPM issued interim regulations implementing this new law and revising 5 CFR 550.105-550.107. The interim regulations may be viewed as a PDF .
- See 5 CFR 531.603(b) for definitions of locality pay areas.
- Under current law, special salary rates under both title 5 (established by OPM under 5 U.S.C. 5305) and title 38 (established by the Veterans Administration under 38 U.S.C. 7455) are capped at the rate for level V of the Executive Schedule. Thus, no GS-15, step 10, special salary rate will produce a cap higher than that shown in the above chart.
- The locality pay percentage for New York in 2003 (16.83 percent) is higher than the special LEO geographic pay adjustment of 16 percent. Therefore, LEOs in the New York locality pay area are entitled to receive the higher locality pay percentage (16.83 percent). The LEO special geographical adjustment in New York was terminated retroactively as of the first applicable pay period beginning on or after January 1, 2003.
Fact Sheets
The fact sheets below provide information on various topics concerning pay administration for Federal employees covered under title 5 of the United States Code and title 5 of the Code of Federal Regulations.
- Administering Locality Rates
- Administrative Appeals Judge Pay System
- Administrative Law Judge Pay System
- Aggregate Limitation on Pay
- Back Pay
- Computing Hourly Rates of Pay Using the 2,087-Hour Divisor
- Critical Position Pay
- Domestic Employees Teleworking Overseas (DETO) – Locality Pay
- Evacuation Payments
- Evacuation Payments During a Pandemic Health Crisis
- Expert and Consultant Pay
- Extended Assignment Incentives
- Federal Employee Compensation Package: It’s More than Just Salary
- Federal Wage System
- General Schedule Classification and Pay
- Grade Retention
- Grade and Pay Retention Examples
- How to Compute FLSA Overtime Pay
- How to Compute Rates of Pay
- Index of Laws, Regulations, and Other References Related to Pay Administration
- Interest Rates Used for Computation of Back Pay
- Interpreting References in Law to Maximum Rates under the General Schedule or 5 U.S.C. 5376
- January 2024 Pay Examples
- Maximum GS Pay Limitations
- Maximum Payable Rate Rule
- Alert: Paysetting for FWS to GS Movements
- NAFI Employees Moving to General Schedule (GS) Positions - Setting Pay
- Official Worksite for Location-Based Pay Purposes
- Pay Action Examples in the Federal Wage System
- Pay Action Examples Other than Promotions and Grade and Pay Retention
- Pay Plans
- Pay Retention
- Pay Retention for Former NSPS Employees
- Physicians' Comparability Allowances
- Promotions
- Promotion Examples
- Quality Step Increase
- Rates of Pay to Use in Processing Pay Actions
- Recruitment Incentives
- Relocation Incentives
- Retention Incentives (likely to leave the Federal service)
- Retention Incentives (likely to leave for a different Federal position)
- Group Retention Incentives (likely to leave for a different Federal position)
- Recruitment, Relocation, and Retention Incentives: Coverage of Non-General Schedule Employees Under Single-Agency Pay Systems
- Recruitment, Relocation, and Retention Incentives Oversight and Accountability
- Severance Pay
- Severance Pay Estimation Worksheet
- Simultaneous Pay Actions
- Special Conversion Rules For Certain Non-GS Employees
- Special Rates Requests
- Special Rates - Changes in Documentation
- Special Rates for Student Trainees
- Student Loan Repayment Program
- Superior Qualifications and Special Needs Pay-Setting Authority
- Uniform Allowances
- Waiving Overpayments
- Within-Grade Increases
Premium Pay Fact Sheets
- Availability Pay
- Biweekly Caps on Premium Pay
- Computing Hourly Rates of Pay Using the 2,087-Hour Divisor
- Compensatory Time Off
- Compensatory Time Off for Travel
- Compensatory Time Off for Travel - Examples
- Compensatory Time Off for Travel - Questions & Answers to Fact Sheet
- Federal Holidays - Work Schedules and Pay