Senior Level (SL) Positions

The Senior Level (SL) category of high level Federal jobs was established in 1990 to replace GS-16, 17, and 18 of the General Schedule. There are two broad types of SL positions.

Most Senior Level employees are in non-executive positions whose duties are broad and complex enough to be classified above GS 15. However, in a few agencies that are statutorily exempt from inclusion in the Senior Executive Service (SES), executive positions are staffed with SL employees. The exemption from the SES covers Government corporations and a few other small agencies; examples include the Pension Benefit Guarantee Corporation (PBGC), Export-Import Bank, and Federal Election Commission.

Scientific or Professional (ST) Positions

This unique category of Federal jobs covers non-executive positions classified above the GS-15 level, and involves performance of high-level research and development in the physical, biological, medical, or engineering sciences, or a closely-related field. Many of the Federal Government's most renowned scientists and engineers serve in ST positions.

Allocations

Executive agencies must be granted an SL/ST space allocation from OPM before filling an SL/ST position. There are approximately 640 SL and 470 ST positions allocated to several Executive agencies.

Supervisory Duties

SL/ST positions may include some supervisory and related managerial duties, provided that these duties occupy less than 25 percent of the incumbent's time. Positions in which supervisory and managerial work constitutes 25 percent or more of the incumbent's time almost always meet the criteria for the Senior Executive Service (SES). Again, this rule does not apply in agencies exempt from the SES, where Senior Leaders function as executives and often have extensive supervisory responsibilities.

Awards

An SL/ST employee who receives a performance rating at the fully successful level or better may be granted a cash award of up to $25,000, but not in excess of $10,000 without the approval of OPM. (The Department of Defense and Internal Revenue Service are authorized to give awards up to $25,000 without OPM approval.) In rare circumstances, cash awards above $25,000 may be given but only with White House approval.

Superior accomplishment incentive awards for a suggestion, invention, or special act or service not linked to a performance rating may also be given. Dollar limits for these awards are the same as those based on performance rating.

Career SL/ST employees can also be nominated for Presidential Rank Awards to recognize sustained and sustained extraordinary accomplishments. Recipients of the Distinguished Rank are entitled to 35% of annual basic pay, while Meritorious Rank recipients are entitled to 20% of annual basic pay.

Job Opportunities

Vacant SL/ST positions may be advertised on OPM's website at http://www.usajobs.gov. Agencies with the largest numbers of SL positions include Agriculture, Defense, PBGC, Justice, Treasury, Homeland Security, Interior, National Archives and Records Administration, Energy and NASA. Agencies with the largest number of ST positions include Agriculture, Commerce, Defense, EPA, HHS, Interior, and NASA. Each vacancy announcement describes the application requirements for the particular position to be filled.

Appointment

SL positions are in the competitive service unless excepted from the competitive service under statute or regulations. An SES member may be appointed to an SL position noncompetitively if he or she has reinstatement eligibility and is qualified for the position.

All ST positions are in the competitive civil service; however, by statute appointments may be made to ST positions without going through the competitive examination process required for most entrants into the competitive civil service. This means qualified applicants for ST positions can often be hired more quickly than applicants for other Federal positions.

Benefits

SL/ST employees qualify for retirement, health and life insurance benefits generally available to Federal employees, and under the same basic eligibility requirements. Additional information can be found at Healthcare and Insurance site and the Retirement site.

Qualifications

Each SL/ST position has its own particular set of qualification requirements. Time in grade requirements do not apply to SL/ST positions, so applicants do not need to have spent a certain period of time at the GS-15 or equivalent level. As noted above, most SL positions are for experts classified above GS-15. They do not meet the criteria for the SES, nor do they involve the fundamental research and development responsibilities that are characteristic of the Scientific or Professional (ST) system. Examples include a high level special assistant, senior attorney, or policy advisor in a highly-specialized field who is not a manager or supervisor. SL positions in agencies exempted from the SES will typically require executive qualifications.

For each ST position, the special qualifications, stature, and contributions of the individual placed in a given position will also have a direct and major impact on the level of difficulty and responsibility of the work. Typically, applicants for ST positions are expected to have a graduate degree, significant research experience, and a national or international reputation in his/her field.

Pay

The Senior Professional Performance Act of 2008 established a new pay system for SL/ST employees effective April 12, 2009. This pay system is similar to the one in place for SES members. Under the new law, SL/ST employees are under a pay-for-performance system. They no longer receive locality pay but receive a rate of basic pay only, based primarily on an annual performance rating.

The top end of the salary range an agency may pay its SL/ST employees depends on whether OPM has certified the effectiveness of the agency's performance appraisal system. The maximum rate of basic pay for SL/ST employees who are under a performance appraisal system that is not certified is Executive Level III and the aggregate compensation limit is Executive Level I. (Aggregate compensation refers to the total compensation an employee may receive in a given year, including salary, awards and other incentives.) An agency with a certified performance appraisal system may pay SL/ST employees basic pay rates up to Executive Level II and may apply a higher aggregate compensation limit (equal to the Vice President's salary). Current salary rates for the various Executive Levels and the Vice President can be found at http://www.opm.gov/oca/10tables/indexSES.asp. On December 22, 2010, the President signed an Executive order containing the 2011 pay schedules for SL/ST employees. The Executive order provides that the 2011 pay rates for SL/ST employees are not adjusted and remain at 2010 levels. Visit the website for pay freeze Qs and As.

Leave

Employees in SL/ST positions are entitled to accrue annual leave at the rate of 8 hours per biweekly pay period regardless of the length of their Federal service, and can accumulate a total of up to 90 days (720 hours) of annual leave. All Federal employees including SL/ST members earn 13 days of sick leave each year. There is no ceiling on the amount of sick leave that may be carried over from year to year.

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Impact of Pay Freeze Legislation on Senior Level (SL) and Scientific or Professional (ST) employees

• How does the pay freeze affect the annual pay adjustment required for SL/ST employees by 5 U.S.C. 5376(b)(2)? View more

  In January 2011 and January 2012, these pay adjustments will normally be precluded by the pay freeze. Under 5 U.S.C. 5376(b)(2) and 5 CFR 534.504, the agency head is required to adjust the rate of pay for SL/ST positions by such amount as the agency head considers appropriate in January of each year at the same time an adjustment is made in the General Schedule. However, section 147(c) of the Act applies the pay freeze "notwithstanding any other provision of law" and restricts any senior professional employee from receiving an increase in his or her rate of basic pay during the designated two-year period. The Act also includes the criteria for an exception in that section - i.e., an increase based on "a change of position that results in a substantial increase in responsibility, or a promotion." An agency may not grant any pay increase during the pay freeze, including an annual pay adjustment otherwise required by 5 U.S.C. 5376(b)(2), unless the increase meets the stated criteria for this exception.

  An agency might determine that a senior professional's change of position meets the criteria for the exception in section 147(c) of the Act and the timing supports an increase in pay through an annual pay adjustment under 5 CFR 534.504. The agency must still consider the 12-month restriction in 5 CFR 534.503(c) to determine whether the pay increase may be provided in this way or must be deferred until a later time. In this regard, 5 CFR 534.503(c)(2) provides that the annual adjustment in pay under 5 CFR 534.504 is not considered to be subject to the 12-month restriction if, and only if, the annual adjustment does not exceed the greater of the annual General Schedule adjustment under 5 U.S.C. 5303 or the Executive Schedule adjustment under 5 U.S.C. 5318, effective the same date. Since both the GS and EX statutory adjustments will be 0% in January 2011 and January 2012, any annual adjustment proposed in January 2011 or 2012 that is above 0% must be considered a pay adjustment subject to the 12-month restriction.

  For example, a senior professional last received a pay increase on April 25, 2010. In November 2010, the agency reassigned the individual to a position with substantially greater responsibility. The agency would have increased pay at that time but could not because of the 12-month restriction. Although the pay freeze restricts annual pay adjustments generally, the agency head finds that the reassignment met the criteria for the exception to the pay freeze in section 147(c) of the Act and considers a pay increase appropriate. The proposed pay increase may not be provided through an annual pay adjustment under 5 CFR 534.504 in January 2011 because it would exceed the 0% GS and EX statutory adjustments and, therefore, would be subject to the 12-month restriction that applies to the employee. The agency may properly grant the pay increase on April 25, 2011, after the 12-month period expires. An agency should document the amount of a pay increase that is prevented by the 12-month restriction at the time of a change of position, or as soon as possible thereafter, and must document the basis for its finding that the reassignment meets the criteria for the exception in section 147(c) of the Act.

• How does the pay freeze affect pay increases normally granted to SL/ST employees based upon results of a recently completed performance appraisal cycle? View more
  Such pay increases are precluded by the pay freeze. Under section 147(c) of the Act, basic pay adjustments that would otherwise be granted by an authorized agency official based upon performance during the most recently completed appraisal period are restricted because this basis does not meet the criteria in that section for the exception to the pay freeze.
• How does the pay freeze affect awards for SL/ST employees that are approved based upon performance during a recently completed appraisal cycle or other awards under chapter 45? View more
  The pay freeze does not restrict these awards. Agencies are authorized to grant incentive awards and performance awards to SL/ST employees under chapter 45 of title 5. Therefore, agencies may proceed with any appropriate steps to reward the performance and other accomplishments of these employees.
• How does the pay freeze impact a senior professional (SL/ST) who is voluntarily or involuntarily reassigned to another SL/ST position? View more
  An agency may grant a basic pay increase to a senior professional upon voluntary or involuntary reassignment only if the increase is based on a position change resulting in a substantial increase in responsibility, consistent with applicable statutory and regulatory requirements. For example, such a pay adjustment would be subject to the 12-month restriction at 5 CFR 534.503(c). Therefore, an agency may not grant such a pay adjustment within 12 months of the senior professional's most recent basic pay increase. An agency may still determine whether a pay increase is justified under section 147(c) through such procedures as the agency head may establish. The procedures should include, as appropriate, review by an official at a higher level than the agency official otherwise authorized to take the pay action and must ensure verification and objective comparison of the positions' relative responsibilities. If at the time of the reassignment the agency documents the basis for the exception under the criteria in section 147(c) of the Act, and specifies the pay adjustment that was prevented by the 12-month restriction, then the agency may properly grant the basic pay increase when the 12-month period expires.
• How does the pay freeze impact senior professionals who transfer to another senior professional position? View more
  An agency head may grant a basic pay increase to a senior professional upon transfer from another agency only if the increase is based on a position change resulting in a substantial increase in responsibility, consistent with applicable statutory and regulatory requirements. The pay increase may be made within 12 months of the senior professional's last pay adjustment but would initiate a new 12-month waiting period, as provided in 5 CFR 534.503(c).
• Does the pay freeze preclude a pay increase for a senior professional detailed to another position with a substantially higher level of responsibility? View more
  Yes. For purposes of pay and benefits, a senior professional on detail continues to encumber the position from which he or she is detailed. Agencies may not grant a pay increase to a senior professional detailed to another position because no position change has occurred for purposes of pay and benefits. The same is true of a senior professional assigned to "act" in a position of substantially greater responsibility rather than reassigned to that position.
• Does the pay freeze apply to Presidential Rank Awards for senior professionals under 5 U.S.C. 4507a? View more
  No, the pay freeze does not apply to these awards.
• Does the pay freeze apply to base salary decreases for senior professionals? View more
  No. An agency may involuntarily reduce a senior professional's rate of basic pay under 5 CFR part 752, subpart D. The pay freeze only addresses and prevents increases in pay, not pay reductions. However, an agency should take the duration of the pay freeze into account when assessing the appropriate reduction for a senior professional. Under 5 CFR 534.503(c), a senior professional whose pay is reduced but who resolves any problems and demonstrates stronger performance has the opportunity for a pay increase after 12 months, but the pay freeze can impose a significantly longer waiting period. For example, a pay reduction in January 2011 is fixed for 24 months until January 2013; a pay reduction in April 2011 is fixed for 21 months, and so on-absent a change of position that meets the criteria in section 147(c) of the Act for the exception to the pay freeze.