Federal Register #2026-07996

OPM Proposes Amendments to Critical Position Pay Authority Regulations

This notice announces proposed regulatory amendments by the Office of Personnel Management (OPM) regarding critical position pay authority. - Government Buyer: - Office of Personnel Management (OPM) - No OEMs or vendors are involved, as this is a regulatory change, not a procurement. - No products or services are being requested or procured. - Key Regulatory Changes Proposed: - Establishes level I of the Executive Schedule as the default maximum critical pay rate - Requires written approval from the OPM Director for higher pay rates - Eliminates non-statutory caps and approval criteria - Addresses the use of service agreements for critical position pay - Clarifies that reductions or terminations of critical position pay are not adverse actions and are not subject to grievance or appeal rights - Clarifies that critical pay rates are considered basic pay - Purpose is to simplify and align OPM regulations with governing law and delegated authority - No procurement activity, products, or services are associated with this notice

Description

The Office of Personnel Management (OPM) proposes to amend its regulations governing the critical position pay authority. The amendments include establishing level I of the Executive Schedule as the default maximum critical pay rate, with higher rates subject to written approval by the Director of OPM. The proposal also aims to eliminate non-statutory caps and approval criteria, address the use of service agreements, clarify that reductions or terminations of critical position pay are not adverse actions or subject to grievance or appeal rights, and clarify the treatment of critical pay rates as basic pay. This proposed rule seeks to simplify and better align OPM's regulations with governing law and delegated authority.

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