The president issued an executive order Friday that officially cancels the 0.5% pay increase previously scheduled to go into effect this year. OPM director John Berry followed suit in a memorandum directing agencies to not make increases in pay until after December 31, 2013. Both documents follow below.
The pay freeze was officially continued when the president signed legislation that extends it for the remainder of the year into law on March 26, 2013.
Executive Order — Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Continuing Appropriations and Surface Transportation Extensions Act, 2011 (Public Law 111-322), as extended by the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6), which requires certain pay schedules for civilian Federal employees to remain at 2010 levels through 2013, it is hereby ordered as follows:
Section 1. Statutory Pay Systems. Pursuant to the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6), the rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)) are set forth on the schedules attached hereto and made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law 102-40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for senior executives in the Senior Executive Service, as established pursuant to 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part hereof.
Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates of basic pay or salaries for the following offices and positions are set forth on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31) at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a), and section 140 of Public Law 97-92) at Schedule
Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services, as adjusted under 37 U.S.C. 1009, and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8 attached hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to sections 5304 and 5304a of title 5, United States Code, and the Continuing Appropriations and Surface Transportation Extensions Act, 2011 (Public Law 111-322), as extended by the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6), locality-based comparability payments shall be paid in accordance with Schedule 9 attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take such actions as may be necessary to implement these payments and to publish appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. Pursuant to section 5372 of title 5, United States Code, the rates of basic pay for administrative law judges are set forth on Schedule 10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2013. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2013.
Sec. 8. Prior Order Superseded. Executive Order 13635 of December 27, 2012, is superseded as of the effective dates specified in section 7 of this order.
MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
From: John Berry, Director
Subject: Continued Freeze on Pay Adjustments for Federal Civilian Employees
On March 26, 2013, President Obama signed legislation to continue the freeze on statutory pay adjustments for most Federal civilian employees until December 31, 2013. (See section 1112 of the Consolidated and Further Continuing Appropriations Act, 2013, in Attachment 1). Pay schedules showing a 0.5 percent increase in Executive Order 13635, December 27, 2012, have been superseded.
Consistent with the Act, the President issued a memorandum on April 5, 2013, stating that any increases in pay systems or pay schedules covering executive branch employees or any general increases in covered employees’ rates of pay that could otherwise take effect as a result of the exercise of administrative discretion should not be made until after December 31, 2013. (See Attachment 2.) The President directed the U.S. Office of Personnel Management (OPM) to issue any necessary guidance on implementing this memorandum.
Agencies should continue to comply with the guidance in my memorandum of December 30, 2010. (See CPM 2010-24.) Any reference in that guidance to an expiration date of December 31, 2012, is hereby revised to December 31, 2013. Absent any intervening change in law, after the expiration of the Act, agencies may grant increases in pay schedules and general increases in covered employees’ rates of pay in accordance with their administrative discretion.
For general information on Federal pay, leave, and work scheduling policies, go to www.opm.gov/oca/index.asp. Employees should contact their agency human resources office for information on the continued freeze on pay adjustments for Federal civilian employees. Agency field human resources offices should contact their appropriate agency headquarters-level human resources office. Agency headquarters-level officials may contact Pay and Leave at OPM at [email protected] Requests from individual employees will be returned or forwarded to the appropriate agency human resources office.
Attachment 1—Section 1112 of Public Law 113-6
Attachment 2—Presidential Memorandum
cc: Chief Human Capital Officers and Human Resources Directors
Attachment 1—Section 1112 of Public Law 113-6
SEC. 1112. (a) Section 147 of the Continuing Appropriations Act, 2011 (Public Law 111–242), as added by section 1(a)(2) of the Continuing Appropriations and Surface Transportation Extensions Act, 2011 (Public Law 111–322; 5 U.S.C. 5303 note), is amended—
(1) In subsection (b)(1), by striking the matter after “ending on” and before “shall be made” and inserting “December 31, 2013,”; and
(2) In subsection (c), by striking the matter after “ending on” and before “no senior executive” and inserting “December 31, 2013,”.
(b) Section 114 of the Continuing Appropriations Resolution, 2013 (Public Law 112-175; 5 U.S.C. note) is repealed.
Attachment 2—Presidential Memorandum
April 5, 2013
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Federal Employee Pay Schedules and Rates That Are Set by Administrative Discretion
Section 1112 of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6), reflects the Congress’s decision to continue to deny statutory adjustments to any pay systems or pay schedules covering executive branch employees. In light of the Congress’s action, I am instructing heads of executive departments and agencies to continue through December 31, 2013, to adhere to the policy set forth in my memoranda of December 22, 2010, and December 21, 2012, regarding general increases in pay schedules and employees’ rates of pay that might otherwise take effect as a result of the exercise of administrative discretion.
This memorandum shall be carried out to the extent permitted by law and consistent with executive departments’ and agencies’ legal authorities. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Director of the Office of Personnel Management shall issue any necessary guidance on implementing this memorandum, and is also hereby authorized and directed to publish this memorandum in the Federal Register.