3 FAM 2280
Superior Qualifications AND Special Needs Pay-Setting Authority
(CT:PER-1117; 12-06-2022)
(Office of Origin: GTM/CSTM)
3 FAM 2281 AUTHORITY
(CT:PER-671; 04-26-2012)
(State Only)
(Applies to Civil Service Employees Only)
The authorities cited for this subchapter are:
(1) 5 U.S.C. 5333; and
(2) 5 CFR 531.212.
3 FAM 2282 POLICY
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
This policy outlines how the Department will exercise its authority to appoint individuals to General Schedule (GS) positions above Step 1 of the grade based on the individual's superior qualifications or a special need of the Department for the individual’s service. Use of the superior qualifications or special needs pay-setting authority is not to solely match existing pay, if applicable, but to enable the Department to compete for top quality candidates.
When considering the use of superior qualifications or special needs to set pay, agencies must determine whether to authorize a recruitment incentive instead of or in addition to using superior qualifications or special needs pay-setting authority. The reason to authorize or not authorize a recruitment incentive must be documented in the bureau's justification.
3 FAM 2283 Covered positions
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
The superior qualifications and special needs pay-setting authority may be used to set the rate of basic pay for a newly-appointed employee to any General Schedule position, including permanent and temporary positions in the competitive service or excepted service (e.g., Schedule A, B, C), at any grade level.
Use of the superior qualifications or special needs pay-setting request must be approved before the individual enters on duty. Superior qualifications or special needs pay setting determinations cannot be made retroactively.
3 FAM 2284 CriTERIA
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
To use superior qualifications or special needs authority to set pay, candidates must meet at least one of the criteria identified in 5 CFR 531.212(b).
Justification may be based on a single factor; if more than one factor is used bureaus must document all that apply. A determination based on more than one factor may provide a stronger justification than a determination based on one factor, such as salary.
3 FAM 2285 ELIGIBILITY
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
a. To set pay using the superior qualifications or special needs pay-setting authority (see 5 CFR 531.212(a)):
(1) Individuals must be newly appointed or reappointed after a break in service of at least 90 days from their last Federal appointment (refer to 5 CFR 531.212(a)(3) for exceptions to break in service of at least 90 days);
(2) It must be determined that the individual’s current and prior appointments, if any, do not preclude use of the superior qualifications provision as outlined in 5 CFR 531.212(a)(5); and
(3) Individuals meet the criteria for either superior qualifications or special needs determination as outlined in 5 CFR 531.212(b).
b. Generally, this authority will not be used unless the higher rate is needed in order for the individual to accept the position offered. Justifications under 5 CFR 531.212 must be provided and documented to set pay a rate higher than needed to match existing pay.
3 FAM 2286 Pay rate determination
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
In documenting superior qualifications or special needs pay setting determinations, bureaus must follow the Civil Service Hiring Handbook, which is maintained by the Office of Civil Service Talent Management (CSTM) and located on CSTM's intranet site, in addition to 5 CFR 531.212.
3 FAM 2287 RECORDKEEPING AND REPORTING
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
a. To ensure compliance with 5 CFR 531.212 and the Department’s ability to reconstruct superior qualifications or special needs pay-setting determinations, copies of all documentation included with the recommendation must be maintained for a minimum of 3 years.
b. In addition, the information below must be maintained by the designated approving official for a period of 3 years or until completion of an audit by the Office of Civil Service Talent Management (CSTM) or an Office of Personnel Management (OPM) inspection, whichever is earlier:
(1) The written justification;
(2) A copy of the Certificate of Eligible Applicants and/or copies of the pool of applications or resumés, if applicable; and
(3) All supporting documentation including a copy of the individual’s application or resumé and if applicable, evidence of forfeited income.
3 FAM 2288 Granting of AUTHORITY
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
a. The Director General and Director of Global Talent Management may delegate the authority to approve superior qualifications or special needs pay-setting determination in writing.
b. When a delegation of authority has been approved by DGTM, superior qualifications or special needs pay-setting determinations must be approved by an official who is at a minimum or equivalent to the level of the executive director.
3 FAM 2289 RESPONSIBILITIES
3 FAM 2289.1 Director General of the Foreign Service and Director of Global Talent Management (DGTM)
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
The Director General of the Foreign Service and Director of Global Talent Management (DGTM) has oversight and managerial responsibility for the following:
(1) Superior qualifications or special needs pay-setting determinations;
(2) Ensuring that the Department’s use of superior qualifications or special needs pay-setting authority conforms to the requirements established in 5 CFR 531.212; and
(3) 3 FAM 2280, Superior Qualifications or Special Needs Pay-Setting Authority and the Civil Service Hiring Handbook.
3 FAM 2289.2 Recommending Official
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
The supervisor or manager making the selection is the recommending official and is responsible for the following:
(1) Preparing the written recommendation with appropriate supporting documentation, justifying the request to use superior qualifications or special needs to set pay above the step 1; and
(2) Submitting the request for superior qualifications or special needs pay-setting determination to the bureau’s executive director for review once a selection is made.
3 FAM 2289.3 Executive Directors
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
Executive directors, or the equivalent level position, have overall administrative responsibility for the following:
(1) Review and ensure that the bureau’s use of the superior qualifications or special needs pay-setting authority conforms to the requirements established in this subchapter, the Civil Service Hiring Handbook and 5 CFR 531.212;
(2) Forwarding all requests to the bureau's Human Resources Service Provider (HRSP) for approval unless otherwise delegated specific authority to approve superior qualifications or special needs pay-setting determinations by DGTM. Authority to approve superior qualifications or special needs pay-setting determinations must be requested in writing through GTM/CSTM to DGTM.
3 FAM 2289.4 Office of Civil Service Talent Management (GTM/CSTM)
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
The primary responsibility of the Director of the Office of Civil Service Talent Management (GTM/CSTM) is to assist the Director General of the Foreign Service and Director of Global Talent Management in managing and conducting oversight of the use of superior qualifications and special needs pay-setting authorities . In carrying out these responsibilities, GTM/CSTM must:
(1) Ensure compliance with the requirements established under 5 CFR 531.212, this subchapter and the Civil Service Hiring Handbook;
(2) Prepare reports for oversight purposes;
(3) Review and implement policy changes; and
(4) Develop and issue guidance.
3 FAM 2289.5 Human Resources Service Provider (HRSP)
(CT:PER-1117; 12-06-2022)
(State Only)
(Applies to Civil Service Employees Only)
The primary responsibility of the Human Resources Service Provider (HRSP) is to review the requests for superior qualifications or special needs authority to set pay for client bureaus. In carrying out this responsibility, the HRSP must:
(1) Review request packages for completeness to include applicable bureau signatures;
(2) Ensure compliance with regulatory and agency requirements;
(3) Recommend approval or denial of superior qualifications or special needs pay-setting requests based on the merits of the request and the requirements established in 5 CFR 531.212, this subchapter and the Civil Service Hiring Handbook to the approving official;
(4) Obtain approval from an official who is at a minimum or equivalent to the level of the executive director;
(5) Communicate final disposition to bureau; and
(6) Maintain all documentation and records of the request and final disposition.