3 FAM 3000
COMPENSATION AND BENEFITS
3 FAM 3100
COMPENSATION
3 FAM 3110
PAY LIMITATIONS
(CT:PER-1167; 12-06-2023)
(Office of Origin: GTM/OTA)
3 FAM 3111 AUTHORITY
(CT:PER-1167; 12-06-2023)
(State Only)
Authorities include:
(1) Sections 401, 402, and 403 of the Foreign Service Act of the 1980, as amended;
(2) Section 552 of the Standardized Regulations (Government Civilian, Foreign Areas);
(3) 5 U.S.C. 5925;
(4) Executive Order 10903;
(5) Executive Order 13374;
(6) 5 CFR Part 430, Subpart D;
(7) 5 U.S.C. 5307; and
(8) 5 CFR part 530, subpart B.
3 FAM 3112 SENIOR FOREIGN SERVICE (SFS) PAY CAPS
(CT:PER-1167; 12-06-2023)
(State Only)
(Applies to Foreign Service Personnel Only)
a. Maximum Rate of Basic Pay - The basic salary for members of the SFS is capped based on the employee’s class. The basic salary cap for each SFS employee class level is as follows:
•FE-CM: 100 percent of the EX-II rate
•FE-MC: 107 percent of the EX-III rate
•FE-OC: 102 percent of the EX-III rate
b. Annual Aggregate Limitation on Pay - For members of the SFS, the total sum of basic salary, awards (including performance pay awards and Presidential Rank Awards), any applicable incentives, allowances, differentials, or similar cash payments cannot exceed the salary rate for the Vice President at the end of the calendar year. Any amount that cannot be paid in a calendar year, due to this limitation, will be carried over to the next calendar year the employee's aggregate pay no longer exceeds the annual aggregate limitation and paid as a lump-sum payment at the beginning of that calendar year.
c. The caps described in 3 FAM 3112(a) and 3 FAM 3112(b) are contingent on the Under Secretary for Management certifying that the SFS performance management system makes meaningful distinctions based on relative performance. If the system is not certified, the cap in 3 FAM 3112(a) is EX-III, and the cap in 3 FAM 3112(b) is EX-I.
3 FAM 3113 Senior Executive Service (SES), SEnior Level (SL), Scientific and professional (ST) PAY CAPs
(TL:PER-1167; 12-06-2023)
(State Only)
(Applies to Civil Service Personnel Only)
a. Maximum Rate of basic pay - The maximum rate of basic salary payable to a SES, SL, or ST employee is the EX-II rate.
b. Annual Aggregate Limitation on Pay - For SES, SL, and ST employees, the total sum of the basic salary, awards (including performance pay awards and Presidential Rank awards), any applicable incentives, allowances, differentials, or similar cash payments cannot exceed the salary for the Vice President at the end of the calendar year. Any amount that cannot be paid in a calendar year, due to this limitation, will be carried over to the next calendar year the employee's aggregate pay no longer exceeds the annual aggregate limitation and paid as a lump-sum payment at the beginning of that calendar year.
c. The caps described in 3 FAM 3113(a) and 3 FAM 3113(b) are contingent the Office of Personnel Management certifying that the performance appraisal system makes meaningful distinctions based on relative performance. If the system is not certified, the cap in 3 FAM 3113(a) is EX-III, and the cap in 3 FAM 3113(b) is EX-I.
3 FAM 3114 CHIEF OF MISSION PAY CAP
(CT:PER-1167; 12-06-2023)
(State Only)
(Applies to Foreign Service Personnel Only)
a. The total sum of basic salary and any applicable charge d`affaires ad interim pay, incentives, allowances, differentials, or similar cash payments cannot exceed the salary for the Vice President at the end of the calendar year. Any amount that cannot be paid in a calendar year, due to this limitation, will be carried over to the next calendar year the employee's aggregate pay no longer exceeds the annual aggregate limitation and paid as a lump-sum payment at the beginning of that calendar year.
b. Danger pay earned by any Chief of Mission is not subject to the annual aggregate limitation described in 3 FAM 3114(a).
3 FAM 3115 non-senior pay caps
(TL:PER1167; 12-06-2023)
(State Only)
(Applies to Civil Service and Foreign Service Personnel)
a. Maximum Rate of Basic Pay - The maximum rate of basic salary for General Schedule and Foreign Service employees is the EX-IV rate. Basic salary is the sum of base pay plus the applicable locality rate or special salary rate.
b. FS Salary Schedule Limitation – The maximum salary rate for the FS-01 class level may not exceed the maximum rate of basic pay for the GS-15 grade level. Basic pay is the sum of base pay plus the applicable locality rate or special salary rate.
c. Annual Aggregate Limitation on Pay - The total sum of the basic salary, awards, any applicable incentives, allowances, differentials, or similar cash payments cannot exceed the EX-I rate at the end of a calendar year. Any amount that cannot be paid in a calendar year, due to this limitation, will be carried over to the next calendar year the employee's aggregate pay no longer exceeds the annual aggregate limitation and paid as a lump-sum payment at the beginning of that calendar year.
d. See 3 FAM 3132 for limitations on premium pay.
3 FAM 3116 THROUGH 3119 UNASSIGNED