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LegalText 5 U.S.C. § 5755 Supervisory differentials us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 57 TRAVEL, TRANSPORTATION, AND SUBSISTENCE 5755 5 U.S.C. § 5755 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s5755 data/legal/raw/us/code/title-05/usc05.xml a7a61f98e1bcda93ac998f2ef462bfa26e0ebe633e2c65b9917f771fab93c255 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 99b3dc80a12eab0c4e692aa6145d014bb4a2eead0d1c374adb0eb69f4c7489d4 2026-07-04 official
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5 U.S.C. § 5755 - Supervisory differentials

Text

(a) (1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee.

(2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office.

(b) (1) A supervisory differential, which shall be stated as a percentage of the supervisory employees rate of basic pay (excluding any comparability payments under section 5304) or as a dollar amount, may not cause the supervisory employees pay to exceed the pay of the highest paid subordinate employee by more than 3 percent.

(2) A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d).

(3) A supervisory differential shall be paid in the same manner and at the same time as the employees basic pay is paid.

(c) For the purpose of this section—

(1) the terms “agency” and “employee” have the meanings given them by section 5102; and

(2) any reference to “an employee under the General Schedule” shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies.

(d) The Office shall prescribe such regulations as it considers necessary for the administration of this section.

(Added Pub. L. 101509, title V, § 529 [title II, § 211(a)], Nov. 5, 1990, 104 Stat. 1427, 1461; amended Pub. L. 11573, title I, § 107(a)(2)(B), Oct. 26, 2017, 131 Stat. 1239; Pub. L. 11591, div. A, title X, § 1097(b)(3)(B), Dec. 12, 2017, 131 Stat. 1617.)

Notes

Editorial Notes

References in TextThe General Schedule, referred to in subsecs. (a)(1), (2) and (c)(2), is set out under section 5332 of this title.

Amendments2017—Subsec. (b)(2). Pub. L. 11591 substituted “section 2302(d)” for “section 2302(c)”. Pub. L. 11573 substituted “section 2302(c)” for “section 2302(d)”.

Statutory Notes and Related Subsidiaries

Effective DateSection effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.