5 U.S.C. § 9502

Pay authority for critical positions

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(a) When the Secretary of the Treasury seeks a grant of authority under section 5377 for critical pay for 1 or more positions at the Internal Revenue Service, the Office of Personnel Management may fix the rate of basic pay, notwithstanding sections 5377(d)(2) and 5307, at any rate up to the salary set in accordance with section 104 of title 3.(b) Notwithstanding section 5307, no allowance, differential, bonus, award, or similar cash payment may be paid to any employee receiving critical pay at a rate fixed under subsection (a), in any calendar year if, or to the extent that, the employee’s total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3.(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 712; amended Pub. L. 110–161, div. D, title I, § 107, Dec. 26, 2007, 121 Stat. 1977.)Editorial NotesAmendments

2007—Subsec. (a). Pub. L. 110–161 substituted “Office of Personnel Management” for “Office of Management and Budget”.

Notes of Decisions

Cited in 1 case, 2000–2000 · leading case: Applicability of 18 U.S.C. § 207(d) to Certain Employees in the Treasury Dep't (OLC 2000).

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Applicability of 18 U.S.C. § 207(d) to Certain Employees in the Treasury Dep't (OLC 2000). “5 U.S.C. § 9502 (a) (Supp. IV 1998). Second, the Secretary may “ fix the compensation of, and appoint individuals to, designated critical adminis trative, technical, and professional positions needed to carry out the functions of the Internal Revenue Service.”

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