[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11599-11600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4544]


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OFFICE OF PERSONNEL MANAGEMENT


January 2012 Pay Schedules

AGENCY: U.S. Office of Personnel Management.

ACTION: Notice.

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SUMMARY: The President has signed an Executive order containing the 
2012 pay schedules for certain Federal civilian employees. The rates of 
pay for these employees will not be increased in 2012 and remain at 
2010/2011 levels, except for employees in nonforeign areas. This notice 
serves as documentation for the public record.

FOR FURTHER INFORMATION CONTACT: Lisa Dismond, Pay and Leave, Employee 
Services, U.S. Office of Personnel Management; (202) 606-2858; Fax 
(202) 606-0824; or email to pay-leave-policy@opm.gov

SUPPLEMENTARY INFORMATION: On December 19, 2011, the President signed 
Executive Order 13594 (76 FR 80191), which documented the January 2012 
pay schedules. Pursuant to Public Law 111-242, as amended by Public Law 
111-322 (December 22, 2010), the Executive order provides that the 2012 
pay rates for most civilian employee pay schedules covered by the order 
are not adjusted and remain at 2010/2011 levels. Schedule 1 of 
Executive Order 13594 provides the rates for the 2012 General Schedule 
(GS) and reflects no increase from 2010/2011. Executive Order 13594 
also includes the percentage amounts of the 2012 locality payments, 
which remain at 2010/2011 levels except for employees in nonforeign 
areas. (See Section 5 and Schedule 9 of Executive Order 13594.)
    The publication of this notice satisfies the requirement in section 
5(b) of Executive Order 13594 that the U.S. Office of Personnel 
Management (OPM) publish appropriate notice of the 2012 locality 
payments in the Federal Register.
    GS employees receive locality payments under 5 U.S.C. 5304. 
Locality payments apply in the United States (as defined in 5 U.S.C. 
5921(4)) and its territories and possessions. In 2012, locality 
payments ranging from 14.16 percent to 35.15 percent apply to GS 
employees in the 34 locality pay areas. The 2012 locality pay area 
definitions can be found at http://www.opm.gov/oca/12tables/locdef.asp.
    The 2012 locality pay percentages became effective on the first day 
of the first pay period beginning on or after January 1, 2012 (January 
1, 2012). An employee's locality rate of pay is computed by increasing 
his or her scheduled annual rate of pay (as defined in 5 CFR 531.602) 
by the applicable locality pay percentage. (See 5 CFR 531.604 and 
531.609.) As provided under the Nonforeign Area Retirement Equity 
Assurance Act of 2009 (subtitle B of title XIX of the National Defense 
Authorization Act for Fiscal Year 2010 (Pub. L. 111-84, October 28, 
2009)), the locality rate for each nonforeign area will be set at the 
full applicable locality rate in January 2012. Employees in nonforeign 
areas entitled to cost-of-living allowances (COLAs) (i.e., Alaska, 
Hawaii, and other nonforeign areas as defined in 5 CFR 591.207) have 
corresponding reductions in their COLAs when locality rates increase.
    Executive Order 13594 documents that the Executive Schedule rates 
of pay remain at the 2010/2011 levels. By law, Executive Schedule 
officials are not authorized to receive locality payments.
    Executive Order 13594 documents the 2012 range of rates of basic 
pay for members of the Senior Executive Service (SES) under 5 U.S.C. 
5382. The minimum rate of basic pay for the SES remains at $119,554 in 
2012. The maximum rate of the SES rate range continues to be $179,700 
(level II of the Executive Schedule) for SES members covered by a 
certified SES performance appraisal system and $165,300 (level III of 
the Executive Schedule) for SES members covered by an SES performance 
appraisal system that has not been certified.
    The minimum rate of basic pay for the senior-level (SL) and 
scientific and professional (ST) rate range remains at

[[Page 11600]]

$119,554 in 2012. The applicable maximum rate of the SL/ST rate range 
continues to be $179,700 (level II of the Executive Schedule) for SL or 
ST employees covered by a certified SL/ST performance appraisal system 
and $165,300 (level III of the Executive Schedule) for SL or ST 
employees covered by an SL/ST performance appraisal system that has not 
been certified. Agencies with certified performance appraisal systems 
in 2012 for SES members and employees in SL and ST positions also must 
apply a higher aggregate limitation on pay--up to the Vice President's 
salary ($230,700 in 2012, the same level as in 2010/2011).
    Executive Order 13594 provides that the rates of basic pay for 
administrative law judges (ALJs) under 5 U.S.C. 5372 are not increased 
in 2012. The rate of basic pay for AL-1 remains at $155,500 (equivalent 
to the rate for level IV of the Executive Schedule). The rate of basic 
pay for AL-2 remains at $151,800. The rates of basic pay for AL-3/A 
through 3/F continue to range from $103,900 to $143,700.
    The rates of basic pay for members of Contract Appeals Boards are 
calculated as a percentage of the rate for level IV of the Executive 
Schedule. (See 5 U.S.C. 5372a.) Therefore, these rates of basic pay are 
not increased in 2012.
    On October 28, 2011, the Director of OPM issued a memorandum on 
behalf of the President's Pay Agent (the Secretary of Labor and the 
Directors of the Office of Management and Budget (OMB) and OPM) that 
continues GS locality payments for ALJs and certain other non-GS 
employee categories in 2012. By law, officials paid under the Executive 
Schedule, SES members, employees in SL/ST positions, and employees in 
certain other equivalent pay systems are not authorized to receive 
locality payments. (Note: An exception applies to certain grandfathered 
SES, SL, and ST employees stationed in a nonforeign area on January 2, 
2010.) Except for employees in nonforeign areas, the locality payments 
continued for non-GS employees have not been increased in 2012. The 
memo is available at http://www.opm.gov/flsa/oca/11tables/Extend_2012.pdf.
    On December 21, 2011, OPM issued a memorandum (CPM 2011-21) on the 
Executive order for the 2012 pay schedules. (See http://www.opm.gov/oca/compmemo/index.asp.) The memorandum transmitted Executive Order 
13594 and provided the 2012 salary tables, locality pay areas and 
percentages, and information on general pay administration matters and 
other related information. The ``2012 Salary Tables'' posted on OPM's 
Web site at www.opm.gov/oca/12tables/index.asp are the official rates 
of pay for affected employees and are hereby incorporated as part of 
this notice.

U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2012-4544 Filed 2-24-12; 8:45 am]
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