[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR930.205]

[Page 601-602]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 930_PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS)--
 
               Subpart B_Administrative Law Judge Program
 
Sec.  930.205  Administrative law judge pay system.

    (a) OPM assigns each administrative law judge position to one of the 
three 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. Pay level 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 determines the appropriate adjustment for each 
level in the administrative law judge pay system, subject to paragraph 
(a)(1) of this section. Such adjustments take effect on the 1st day of 
the first 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 law judge's 
basic daily tour of duty.
    (iii) To derive a weekly or biweekly rate, multiply the hourly rate 
by 40 or 80, respectively.
    (b) Pay level AL-3 is the basic pay level for administrative law 
judge positions filled through a competitive examination.
    (c) Subject to OPM approval, agencies may establish administrative 
law judge positions in pay levels AL-2 and AL-1. Administrative law 
judge positions are placed at these levels when they involve significant 
administrative and managerial responsibilities.
    (d) Administrative law judges must serve at least 1 year in each AL 
pay level, or 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.
    (e) Except as provided in paragraph (f) of this section, upon 
appointment to an administrative law judge position and placement in 
level AL-3, an administrative law judge is paid at the minimum rate A of 
AL-3. He or she is 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 in the next lower rate. Time in a non-pay status is 
generally creditable service when computing the 52-or 104-week period as 
long as it does not exceed 2 weeks per year for each 52 weeks of 
service. However, absence due to uniformed service or compensable injury 
is fully creditable upon reemployment as provided in part 353 of this 
chapter.
    (f) Upon appointment to a position at AL-3, an administrative law 
judge may be paid at the minimum rate A, unless the administrative law 
judge is eligible for the higher rate B, C, D, E, or F because of prior 
service or superior qualifications, as provided in paragraphs (f)(1) and 
(f)(2) of this section.
    (1) An agency may offer an administrative law judge applicant with 
prior Federal service a higher than minimum rate up to the lowest rate 
of basic pay that equals or exceeds the applicant's highest previous 
Federal rate of basic pay, not to exceed the maximum rate F.
    (2) With prior OPM approval, an agency may pay the rate of pay that 
is next above the applicant's existing pay or earnings up to the maximum 
rate F. The agency may offer a higher than minimum rate to:
    (i) An administrative law judge applicant with superior 
qualifications (as defined in Sec.  930.202) who is within reach for 
appointment from an administrative law judge certificate of eligibles; 
or
    (ii) A former administrative law judge with superior qualifications 
who is eligible for reinstatement.
    (g) With prior OPM approval, an agency, on a one-time basis, may 
advance an administrative law judge in

[[Page 602]]

an AL-3 position with added administrative and managerial duties and 
responsibilities one rate above the administrative law judge's current 
AL-3 pay rate, up to the maximum rate F.
    (h) Upon appointment to an administrative law judge position placed 
at AL-2 or AL-1, an administrative law judge is paid at the established 
rate for the level.
    (i) An employing agency may reduce the level or rate of basic pay of 
an administrative law judge under Sec.  930.211.
    (j) With prior OPM approval, an employing agency may reduce the 
level of basic pay of an administrative law judge if the administrative 
law judge submits to the employing agency a written request for a 
voluntary reduction due to personal reasons.