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Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $154,501 divided by 2,087 hours yields an hourly rate of $74.03 and a biweekly rate of $5,922.40 ($74.03 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $145,700 divided by 2,087 hours yields an hourly rate of $69.81 and a biweekly rate of $5,584.80 ($69.81 x 80 hours).

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The reservist differential is not payable for periods during which the employee is receiving civilian basic pay for performing work or using civilian paid leave or other paid time off. Thus, the unadjusted reservist differential must be adjusted (reduced) to take into account any paid hours (paid work or paid time off). The agency must follow the adjustment methodology prescribed by OPM in its guidance.

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $164,200 divided by 2,087 hours yields an hourly rate of $78.68 and a biweekly rate of $6,294.40 ($78.68 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $153,800 divided by 2,087 hours yields an hourly rate of $73.69 and a biweekly rate of $5,895.20 ($73.69 x 80 hours).

OPM Policy Guidance Regarding Reservist Differential under 5 U.S.C. 5538, originally issued on December 8, 2009, via memorandum to agency Chief Human Capital Officers, and most recently amended and reissued on June 23, 2015

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable scheduled annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Washington, DC, the GS-15, step 10, scheduled annual locality rate of $135,136 divided by 2,087 hours yields an hourly rate of $64.75 and a biweekly rate of $5,180.00 ($64.75 x 80 hours). Similarly, the Executive Level V annual rate of $131,400 divided by 2,087 hours yields an hourly rate of $62.96 and a biweekly rate of $5,036.80 ($62.96 x 80 hours).

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $159,572 divided by 2,087 hours yields an hourly rate of $76.46 and a biweekly rate of $6,116.80 ($76.46 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $150,200 divided by 2,087 hours yields an hourly rate of $71.97 and a biweekly rate of $5,757.60 ($71.97 x 80 hours).

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Washington, DC, the GS-15, step 10, annual locality rate of $143,471 divided by 2,087 hours yields an hourly rate of $68.75 and a biweekly rate of $5,500 ($68.75 x 80 hours). Similarly, the Executive Level V annual rate of $136,200 divided by 2,087 hours yields an hourly rate of $65.26 and a biweekly rate of $5,220.80 ($65.26 x 80 hours).

The table below provides the biweekly and annual premium pay caps for 2019 by locality pay area. These caps are effective as of the first day of the first pay period beginning on or after January 1, 2019 (January 6, 2019, based on the standard biweekly payroll cycle).

Effective on the first pay period beginning on or after December 16, 2009, section 745 of Public Law 111-117 amended 5 U.S.C. 5538 to clarify that the reservist differential is not payable for periods following completion of active duty. The treatment of prior pay periods is addressed in the “Reservist Differential Policy Guidance Supplement”, which is posted as an attachment to the OPM memorandum “Reservist Differential Policy Update” (CPM 2011-06, 04/13/2011).

The employing agency must determine the projected gross amount of civilian "basic pay" that would otherwise have been payable to an employee for each pay period within a qualifying period if the employee's civilian employment had not been interrupted by military active duty. Only "basic pay" as defined in OPM guidance is considered.

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by: (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $172,500 divided by 2,087 hours yields an hourly rate of $82.65 and a biweekly rate of $6,612.00 ($82.65 x 80 hours). Similarly, the Executive Schedule level V annual rate of $161,700 divided by 2,087 hours yields an hourly rate of $77.48 and a biweekly rate of $6,198.40 ($77.48 x 80 hours).

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Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by: (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $170,800 divided by 2,087 hours yields an hourly rate of $81.84 and a biweekly rate of $6,547.20 ($81.84 x 80 hours). Similarly, the Executive Schedule level V annual rate of $160,100 divided by 2,087 hours yields an hourly rate of $76.71 and a biweekly rate of $6,136.80 ($76.71 x 80 hours).

The table below provides the biweekly and annual premium pay caps for 2015 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2015.

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The Internal Revenue Service has given OPM the following guidance regarding the treatment of reservist differentials paid under 5 U.S.C. 5538 for Federal tax purposes:

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $156,043 divided by 2,087 hours yields an hourly rate of $74.77 and a biweekly rate of $5,981.60 ($74.77 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $147,200 divided by 2,087 hours yields an hourly rate of $70.53 and a biweekly rate of $5,642.40 ($70.53 x 80 hours).

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $161,900 divided by 2,087 hours yields an hourly rate of $77.58 and a biweekly rate of $6,206.40 ($77.58 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $151,700 divided by 2,087 hours yields an hourly rate of $72.69 and a biweekly rate of $5,815.20 ($72.69 x 80 hours).

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $151,275 divided by 2,087 hours yields an hourly rate of $72.48 and a biweekly rate of $5,798.40 ($72.48 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $143,500 divided by 2,087 hours yields an hourly rate of $68.76 and a biweekly rate of $5,500.80 ($68.76 x 80 hours).

The receipt of a reservist differential does not affect an employee’s civilian pay and leave status. While absent from the civilian job, the employee is considered to be on leave without pay unless the employee takes civilian paid leave or other paid time off. The employee may use paid time off (e.g., military leave, annual leave, credit hours, compensatory time off), as available to the employee, subject to the normal conditions governing use of the particular paid time off. However, as required by 5 U.S.C. 6323(b), sick leave may not be used during a period of duty as a reservist that meets the conditions in that subsection. A reservist may not receive the reservist differential for periods during which he or she uses paid time off, since the reservist is already receiving full civilian pay for such periods. (During civilian paid time off, the reservist receives full military pay and full civilian pay, except that civilian pay is offset by military pay when an employee uses military leave under 5 U.S.C. 6323(b). During civilian leave without pay periods, the reservist receives full military pay and may receive a reservist differential, which represents the amount by which civilian basic pay exceeds military pay and allowances.) Thus, the reservist differential for a pay period will be adjusted to account for any hours of paid time off.

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In certain emergency or mission-critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5U.S.C. 5547(b) and 5 CFR 550.106-550.107.) The annual premium pay cap is equal to the greater of the annual rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement) or (2) level V of the Executive Schedule, using the rates in effect at the end of the given calendar year (5 CFR 550.106(c)). Neither OPM nor agencies have general authority to waive the biweekly or annual premium pay caps established under 5 U.S.C. 5547.Exceptions to those caps require specific legislation.

The table below provides the biweekly and annual premium pay caps for 2016 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2016.

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $145,464 divided by 2,087 hours yields an hourly rate of $69.70 and a biweekly rate of $5,576.00 ($69.70 x 80 hours). Similarly, the Executive Level V annual rate of $139,600 divided by 2,087 hours yields an hourly rate of $66.89 and a biweekly rate of $5,351.20 ($66.89 x 80 hours).

The table below provides the biweekly and annual premium pay caps for 2022 by locality pay area. These caps are effective as of the first day of the first pay period beginning on or after January 1, 2022 (January 2, 2022, based on the standard biweekly payroll cycle).

Note: The annual premium pay cap applies to basic pay and premium pay earned in biweekly pay periods that have a payroll pay date in the given calendar year. Depending on the year and the agency’s payroll cycle, there may be 26 or 27 pay periods covered by an annual premium pay cap. For example, under a given agency’s payroll cycle, the biweekly pay period covering December 18, 2022, through December 31, 2022, may be the first biweekly pay period with a payroll pay date in calendar year 2023 (e.g., January 6, 11, etc.). Basic pay and premium pay for that pay period would be included in applying the annual premium pay cap for 2023. For that same agency, the biweekly pay period covering December 3-16, 2023, could be the last biweekly pay period with a payroll pay date in calendar year 2023 (e.g., December 22, 27, etc.). (Note: Different agencies may have a different set of covered pay periods for calendar year 2023, since payroll pay dates vary by payroll provider and agency.)

The table below provides the biweekly premium pay caps for 2011 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2011.

Section 751 of the Omnibus Appropriations Act, 2009 (Public Law 111-8, March 11, 2009) added section 5538 to title 5, United States Code. This section provides a benefit to certain Federal civilian employees who are (1) absent from employment with the Federal Government because they are ordered to perform active duty in the uniformed services under 10 U.S.C. 12304b or a provision of law specifically referenced in 10 U.S.C. 101(a)(13)(B) and (2) entitled to reemployment rights under 38 U.S.C. chapter 43 based on such absence.

For each civilian pay period, the employing agency must compare the projected civilian basic pay to the allocated military pay and allowances. If the allocated military pay and allowances are greater than or equal to the projected civilian basic pay, no reservist differential is payable for that pay period. If the projected civilian basic pay is greater than the allocated military pay and allowances, the difference represents the unadjusted reservist differential.

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The table below provides the biweekly premium pay caps for 2006 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2006.

The table below provides the biweekly and annual premium pay caps for 2021 by locality pay area. These caps are effective as of the first day of the first pay period beginning on or after January 1, 2021 (January 3, 2021, based on the standard biweekly payroll cycle).

This document provides guidance to agencies on implementing a law providing differential payments to eligible Federal civilian employees who are members of the Reserve or National Guard (hereafter referred to as “reservists”) called or ordered to active duty under certain specified provisions of law.

The fact sheets below provide information on various topics concerning pay administration for Federal employees covered under title 5 of the United States Code and title 5 of the Code of Federal Regulations.

The reservist differential is not basic pay for any purpose. The reservist differential is considered to be pay for the purposes of various other laws governing Federal employee compensation (e.g., laws governing salary offset for debt collection, waiver of overpayments, garnishment, back pay). However, the reservist differential will not be counted as part of aggregate compensation in applying the aggregate pay limit in 5 U.S.C. 5307.

The table below provides the biweekly premium pay caps for 2007 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2007.

In considering whether to use special military leave under section 6323(b) or to receive a reservist differential, employees should take into account the following facts:

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The annual premium pay cap is computed under 5 CFR 550.106(d) by (1) dividing the applicable end-of-year published annual rate by 2,087 hours, (2) multiplying the resulting hourly rate by 80 hours, and (3) multiplying the resulting biweekly rate by the number of biweekly pay periods for which a salary payment is issued in the given calendar year under the agency’s payroll cycle (i.e., either 26 or 27 pay periods). The annual caps listed in the table below apply to employees with 26 biweekly salary payments in 2024. The caps do not match the published annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $191,900 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $191,256.00. ($191,900 / 2,087 = $91.95. $91.95 x 80 = $7,356.00. $7,356.00 x 26 = $191,256.00.) Similarly, the EX‑V annual rate is $180,000, but the corresponding annual premium pay cap based on 26 payments is $179,400. However, if employees instead have 27 biweekly salary payments during 2024, for those employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.

The biweekly premium pay cap is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $191,900 divided by 2,087 hours yields an hourly rate of $91.95 and a biweekly rate of $7,356.00 ($91.95 x 80 hours). Similarly, the Executive Schedule level V annual rate of $180,000 divided by 2,087 hours yields an hourly rate of $86.25 and a biweekly rate of $6,900.00 ($86.25 x 80 hours).

The table below provides the biweekly and annual premium pay caps for 2023 by locality pay area. Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table. The biweekly premium pay cap for such employees must be computed using the procedures in the “Computation” section below. Locality rates under 5 U.S.C. 5304 and special rates under 5 U.S.C. 5305 for most GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $183,500 in 2023.

The Office of Personnel Management (OPM) provides leadership on pay administration for civilian Federal employees. We accomplish this by developing and maintaining Governmentwide regulations and policies on authorities such as basic pay setting, locality pay, special rates, back pay, pay limitations, premium pay, grade and pay retention, severance pay, and recruitment, relocation, and retention incentives. Ultimately, each Federal agency is responsible for complying with the law and regulations and following OPM's policies and guidance to administer pay policies and programs for its own employees.

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The employing agency must adjust an employee's projected rate of basic pay as it would have been adjusted (with reasonable certainty) but for the interruption of military active duty. This would include general increases, locality pay increases, and within-grade increases (based on longevity and acceptable performance). It could also include certain career-ladder promotion increases and performance-based basic pay increases, if the reasonable certainty standard is met.

Under 5 U.S.C. 5538, employing agencies must pay differential payments to eligible Federal civilian employees who are members of the Reserve or National Guard (hereafter referred to as "reservists") called or ordered to active duty under certain specified provisions of law. Federal agencies must provide a payment (a "reservist differential") equal to the amount by which an employee's projected civilian "basic pay" for a covered pay period exceeds the employee's actual military "pay and allowances" allocable to that pay period.

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The table below provides the biweekly premium pay caps for 2010 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2010.

The table below provides the biweekly and annual premium pay caps for 2020 by locality pay area. These caps are effective as of the first day of the first pay period beginning on or after January 1, 2020 (January 5, 2020, based on the standard biweekly payroll cycle).

The table below provides the biweekly cap amounts for 2003 by locality pay area. These caps are effective as of the first pay period beginning on or after January 1, 2003.

Note: The annual premium pay cap applies to basic pay and premium pay earned in biweekly pay periods that have a payroll pay date in the given calendar year. Depending on the year and the agency’s payroll cycle, there may be 26 or 27 pay periods covered by an annual premium pay cap. For example, under a given agency’s payroll cycle, the biweekly pay period covering December 17, 2023, through December 30, 2023, may be the first biweekly pay period with a payroll pay date in calendar year 2024 (e.g., January 5, 10, etc.). Basic pay and premium pay for that pay period would be included in applying the annual premium pay cap for 2024. For that same agency, the biweekly pay period covering December 1-14, 2024, could be the last biweekly pay period with a payroll pay date in calendar year 2024 (e.g., December 20, 24, etc.). Basic pay and premium pay for that pay period would also be included in applying the annual premium pay cap for 2024. (Note: Different agencies may have a different set of covered pay periods for calendar year 2024, since payroll pay dates vary by payroll provider and agency.)

The table below provides the biweekly premium pay caps for 2004 by locality pay area. These caps are effective as of the first day of the first applicable pay period beginning on or after January 1, 2004.

The table below provides the biweekly and annual premium pay caps for 2013 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2013.

The employee-reservist must provide their employing agency with a copy of their monthly military leave and earnings statement for each affected month. Based on those statements, the employing agency must determine the actual paid gross amount of military pay and allowances allocable to each pay period in a qualifying period. A definition of "military pay and allowances" is included in OPM guidance. Military pay and allowances are payable on a monthly basis. For each affected month, a daily rate will be computed by dividing the monthly total by 30 days for full months or by the actual number of days for partial months. Military pay and allowances will be allocated to a civilian pay period (usually a 2-week period) based on the applicable daily rate for days within the pay period.

The table below provides the biweekly premium pay caps for 2005 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2005.

When the biweekly (or annual, if applicable) cap on premium pay is reached, employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990.)

The table below provides the biweekly and annual premium pay caps for 2018 by locality pay area. The biweekly caps are effective as of the first day of the first pay period beginning on or after January 1, 2018. The annual caps apply to biweekly pay periods with a payroll pay date in calendar year 2018.

In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) The annual premium pay cap is equal to the greater of the annual rate payable for: (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) level V of the Executive Schedule - using the rates in effect at the end of the given calendar year (5 CFR 550.106(c)). Neither OPM nor agencies have general authority to waive the biweekly or annual premium pay caps established under 5 U.S.C. 5547. Exceptions to those caps require specific legislation.

Section 5538 applies to all employees and agencies within the Federal Government (executive, legislative, and judicial branches) unless the employee or agency is excluded from coverage by other provision of law.

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable scheduled annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Washington, DC, the GS-15, step 10, scheduled annual locality rate of $139,774 divided by 2,087 hours yields an hourly rate of $66.97 and a biweekly rate of $5,357.60 ($66.97 x 80 hours). Similarly, the Executive Level V annual rate of $133,900 divided by 2,087 hours yields an hourly rate of $64.16 and a biweekly rate of $5,132.80 ($64.16 x 80 hours).

The employee-reservist must provide their employing agency with a copy of their military orders. The employing agency will determine whether the employee-reservist meets the conditions described above.

The table below provides the biweekly and annual premium pay caps for 2017 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2017.

The table below provides the biweekly premium pay caps for 2009 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2009.

The caps do not match the published annual rates shown on applicable salary schedules. For example, the GS-15, step 10, annual locality rate in Washington, DC, is $183,500 (EX-IV cap), but the corresponding annual premium pay cap based on 26 payments is $182,894.40. ($183,500 / 2,087 = $87.93. $87.93 x 80 = $7,034.40. $7,034.40 x 26 = $182,894.40.) Similarly, the EX V annual rate is $172,100, but the corresponding annual premium pay cap based on 26 payments is $171,516.80. However, if employees instead have 27 biweekly salary payments during 2023, for those employees, the applicable annual cap is equal to the applicable biweekly rate multiplied by 27.

Section 5538 became effective on the first day of the first pay period beginning on or after March 11, 2009 (i.e., March 15, 2009, for executive branch employees on the standard biweekly payroll cycle).

A reservist differential under section 5538 is payable to an employee during a "qualifying period" during which the employee meets both of the following conditions:

The table below provides the biweekly premium pay caps for 2008 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2008.

The table below provides the biweekly and annual premium pay caps for 2014 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2014.

The table below provides the biweekly and annual premium pay caps for 2012 by locality pay area. These caps become effective as of the first day of the first pay period beginning on or after January 1, 2012.

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate for (1) GS-15, step 10 (including any applicable locality rate or special salary rate), or (2) level V of the Executive Schedule. (See NOTES 1 and 2.) The biweekly rate is computed by (1) dividing the applicable scheduled annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Los Angeles, the GS-15, step 10, scheduled annual locality rate of $130,284 divided by 2,087 hours yields an hourly rate of $62.43 and a biweekly rate of $4,994.40 ($62.43 x 80 hours). Similarly, the Executive Level V annual rate of $125,400 divided by 2,087 hours yields an hourly rate of $60.09 and a biweekly rate of $4,807.20 ($60.09 x 80 hours).

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by: (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $176,300 divided by 2,087 hours yields an hourly rate of $84.48 and a biweekly rate of $6,758.40 ($84.48 x 80 hours). Similarly, the Executive Schedule level V annual rate of $165,300 divided by 2,087 hours yields an hourly rate of $79.20 and a biweekly rate of $6,336.00 ($79.20 x 80 hours).

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate for (1) GS-15, step 10 (including any applicable special salary rate or locality rate), or (2) level V of the Executive Schedule. (See Note 1.) The biweekly rate is computed by (1) dividing the applicable scheduled annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Los Angeles, the GS-15, step 10, scheduled annual locality rate of $136,466 divided by 2,087 hours yields an hourly rate of $65.39 and a biweekly rate of $5,231.20 ($65.39 x 80 hours). Similarly, the Executive Level V annual rate of $128,200 divided by 2,087 hours yields an hourly rate of $61.43 and a biweekly rate of $4,914.40 ($61.43 x 80 hours).

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $157,608 divided by 2,087 hours yields an hourly rate of $75.52 and a biweekly rate of $6,041.60 ($75.52 x 80 hours). Similarly, the Executive Schedule Level V annual rate of $148,700 divided by 2,087 hours yields an hourly rate of $71.25 and a biweekly rate of $5,700.00 ($71.25 x 80 hours).

These caps are effective as of the first day of the first pay period beginning on or after January 1, 2024 (January 14, 2024, based on the standard biweekly payroll cycle).

These caps are effective as of the first day of the first pay period beginning on or after January 1, 2023 (January 1, 2023, based on the standard biweekly payroll cycle).

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The annual premium pay cap is computed under 5 CFR 550.106(d) by: (1) dividing the applicable end-of-year published annual rate by 2,087 hours, (2) multiplying the resulting hourly rate by 80 hours, and (3) multiplying the resulting biweekly rate by the number of biweekly pay periods for which a salary payment is issued in the given calendar year under the agency’s payroll cycle (i.e., either 26 or 27 pay periods). The annual caps listed in the table below apply to employees with 26 biweekly salary payments in 2023.

Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. (See NOTE 1.) The biweekly rate is computed by: (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $166,500 divided by 2,087 hours yields an hourly rate of $79.78 and a biweekly rate of $6,382.40 ($79.78 x 80 hours). Similarly, the Executive Schedule level V annual rate of $156,000 divided by 2,087 hours yields an hourly rate of $74.75 and a biweekly rate of $5,980.00 ($74.75 x 80 hours).

The biweekly premium pay cap is computed by: (1) dividing the applicable annual rate by 2,087 hours, (2) rounding the resulting hourly rate to the nearest cent, and (3) multiplying the hourly rate by 80 hours. For example, in Atlanta, GA, the GS-15, step 10, annual locality rate of $183,500 divided by 2,087 hours yields an hourly rate of $87.93 and a biweekly rate of $7,034.40 ($87.93 x 80 hours). Similarly, the Executive Schedule level V annual rate of $172,100 divided by 2,087 hours yields an hourly rate of $82.46 and a biweekly rate of $6,596.80 ($82.46 x 80 hours).

The reservist differential must be paid from the same appropriation or fund that would have been used to pay the employee's civilian salary but for the interruption to perform military active duty. Reservist differentials should be paid at the same frequency as regular civilian salary payments (e.g., generally on a biweekly basis for executive branch employees). Given the need to obtain information about an individual's military pay and allowances and other matters to accurately compute the reservist differential, a reservist differential is considered due and payable on a scheduled date that is no later than 8 weeks (4 biweekly pay periods) after the normal civilian salary payment date for a given pay period, except that this scheduled date may be pushed back beyond 8 weeks if the employee does not provide the agency with a copy of any needed military orders and military leave and earnings statement on a timely basis.

The table below provides the biweekly and annual premium pay caps for 2024 by locality pay area. Certain special rate employees may have a higher biweekly premium pay cap at GS-15, step 10, than that shown in the table. The biweekly premium pay cap for such employees must be computed using the procedures in the “Computation” section below. Locality rates under 5 U.S.C. 5304 and special rates under 5 U.S.C. 5305 for most GS employees are capped at the rate for level IV of the Executive Schedule (EX-IV), which is $191,900 in 2024.