[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR930.210] [Page 573-575] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 930_PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS) --Table of Contents Subpart B_Appointment, Pay, and Removal of Administrative Law Judges Sec. 930.210 Pay. (a) OPM will place each administrative law judges position in one of the three grades or levels of basic pay, AL-3, AL-2, or AL-1, of the Administrative Law Judge Pay System established under 5 U.S.C. 5372 in accordance with this section. AL-3 has six rates of basic pay, A, B, C, D, E, and F. (1) The rate of basic pay for AL-3, rate A, may not be less than 65 percent of the rate of basic pay for level IV of the Executive Schedule. The rate of basic pay for AL-1 may not exceed the rate for level IV of the Executive Schedule. (2) The President will determine the appropriate adjustment for each rate in the Administrative Law Judge Pay System, subject to paragraph (a)(1) of this section. Such adjustments will take effect on the first day of the first applicable pay period beginning on or after the first day of the month in which adjustments in the General Schedule rates of basic pay under 5 U.S.C. 5303 take effect. (3) An agency must use the following procedures to convert an administrative law judge's annual rate of basic pay to an hourly, daily, weekly, or biweekly rate: (i) To derive an hourly rate, divide the annual rate of pay by 2,087 and round to the nearest cent, counting one-half cent and over as the next higher cent. (ii) To derive a daily rate, multiply the hourly rate by the number of daily hours of service required by the administrative appeals judge's basic daily tour of duty. (iii) To derive a weekly or biweekly rate, multiply the hourly rate by 40 or 80, as the case may be. (b) An agency may not grant a monetary and honorary award under 5 U.S.C. 4503 for superior accomplishment by an administrative law judge in the performance of adjudicatory functions. (c) AL-3 is the basic pay level for administrative law judge positions filled through competitive examination under OPM Examination Announcement No. 318, as provided in section 930.203 of this part. (d) Subject to the approval of OPM, agencies may establish administrative law judge positions at pay levels AL-2 and AL-1. Administrative law judge positions may be placed at such levels when they involve significant administrative and managerial responsibilities. (e) Judges must serve at least 1 year in each AL level, in an equivalent or higher level in positions in the Federal service, before advancing to the next higher level and may advance only one level at a time. (f) Except as provided in paragraph (g) of this section, upon appointment to an administrative law judge position placed in AL-3, an administrative law judge shall be paid at the minimum rate A of AL-3, and shall be automatically advanced successively to rates B, C, and D of that level upon completion of 52 weeks of service in the next lower rate, and to rates E and F of that level upon completion of 104 weeks of service [[Page 574]] in the next lower rate. Time in a nonpay status is generally creditable service in the computation of a waiting period only in so far as it does not exceed 2 weeks per year for each 52 weeks of service. However, time in a nonpay status is also fully creditable if absence is due to military service, as defined in 5 U.S.C. 8331(13), or due to receipt of injury compensation under chapter 81 of title 5, United States Code. (g) Upon appointment to a position at AL-3, an administrative law judge will be paid at the minimum rate A, unless the administrative law judge is eligible for a higher rate B, C, D, E, or F because of prior service or superior qualifications, as follows-- (1) An agency may offer an administrative law judge applicant with prior Federal service a higher than minimum rate, without obtaining the prior approval of OPM in order to pay the rate that is next above the applicant's highest previous Federal rate of pay, up to the maximum rate F. (2) An agency may offer an administrative law judge applicant with superior qualifications a higher than minimum rate if it first obtains approval from OPM to offer such a higher rate to an applicant who is within reach on a certificate of eligible administrative law judge applicants in order to pay that rate of pay that is next above the applicant's existing pay or earnings up to the maximum rate F. ``Superior qualifications'' for applicants includes having legal practice before the hiring agency, having practice in another forum with legal issues of concern to the hiring agency, or having an outstanding reputation among others in the field. OPM will approve such payment of higher than minimum rates for applicants with superior qualifications only when it is clearly necessary to meet the needs of the Government. (h) Subject to the approval of OPM, and on the appropriate recommendation of the employing agency, an agency may on a one-time basis, advance an administrative law judge in a position at AL-3 with added administrative and managerial duties and responsibilities one rate beyond that allowed under current pay rates for AL-3, up to the maximum Rate F. (i) Upon appointment to an administrative law judge position placed at AL-2 or AL-1, administrative law judges will be paid at the established rates for those levels. (j) In making initial pay adjustments for administrative law judges from positions paid under the General Schedule to positions paid under the new pay system established under 5 U.S.C. 5372, the rate of basic pay for any such judge shall, upon conversion to the new pay system, be at least equal to the rate that was payable to that individual immediately before such conversion. (k) Except as provided in paragraph (l) of this section, on the first day of the first applicable pay period beginning on or after February 10, 1991, administrative law judges will be converted from the General Schedule to AL-3, 2, and 1 as follows: ------------------------------------------------------------------------ General schedule AL ------------------------------------------------------------------------ GS-15, Steps 1-2-3-4...................... AL-3, Rate A. GS-15, Steps 5-6.......................... AL-3, Rate B. GS-15, Steps 7-8-9........................ AL-3, Rate C. GS-15, Step 10............................ AL-3, Rate D. GS-16, Steps 1-2-3........................ AL-3, Rate C. GS-16, Steps 4-5-6........................ AL-3, Rate D. GS-16, Steps 7-8.......................... AL-3, Rate E. GS-16, Step 9............................. AL-3, Rate F. GS-17, Steps 1-5.......................... AL-2. GS-18..................................... AL-1. ------------------------------------------------------------------------ (l) In making the initial conversion from the General Schedule pay rates to the new AL pay system for administrative law judges, effective on the first day of the first applicable pay period beginning on or after February 10, 1991, those GS-15 and GS-16 administrative law judges receiving the 8 percent interim geographic adjustments authorized by Schedule 9 of Executive Order 12736 of December 12, 1990, will convert as follows: ------------------------------------------------------------------------ General schedule AL ------------------------------------------------------------------------ GS-15, Steps 1-2.......................... AL-3, Rate A. GS-15, Steps 3-4-5........................ AL-3, Rate B. GS-15, Steps 6-7.......................... AL-3, Rate C. GS-15, Steps 8-9-10....................... AL-3, Rate D. GS-16, Steps 1-2.......................... AL-3, Rate C. GS-16, Steps 3-4.......................... AL-3, Rate D. GS-16, Steps 5-6-7........................ AL-3, Rate E. GS-16, Steps 8-9.......................... AL-3, Rate F. ------------------------------------------------------------------------ (m) Agencies must document all pay changes made in accordance with this section by completing a Standard Form 50, or equivalent, in the usual manner and forwarding an extra copy [[Page 575]] directly to the Office of Administrative Law Judges, Career Entry Group, U.S. Office of Personnel Management, 1900 E Street, NW., Washington, DC 20415. [56 FR 6210, Feb. 14, 1991, as amended at 57 FR 1369, Jan. 14, 1992; 66 FR 63909, Dec. 11, 2001]