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5 U.S.C. 5941; E.O. 10000, 3 CFR, 1943-1948 Comp., p. 792; and E.O. 12510, 3 CFR, 1985 Comp., p. 338.
67 FR 22340, May 3, 2002, unless otherwise noted.
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Subscribe to: 5 CFR Part 591 Subpart B - Cost-of-Living Allowances and Post Differentials
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Nomenclature changes to subpart B of part 591 appear at 70 FR 31313, May 31, 2005.
The Government pays COLAs as additional compensation to certain civilian Federal employees in specified nonforeign areas in consideration of higher living costs in the local area compared with living costs in the Washington, DC, area.
The Government pays post differentials to certain civilian Federal employees in specified nonforeign areas as a recruitment incentive based on conditions of environment in the local area compared with conditions in the continental United States. Post differentials are designed to attract persons from outside the area to work for the Federal Government in the post differential area.
(a) Agencies pay COLAs and post differentials authorized under this subpart to civilian Federal employees whose rates of basic pay are fixed by statute. The following pay plans are covered by this subpart:
(1) General Schedule,
(2) Veterans Health Administration (Department of Veterans Affairs),
(3) Foreign Service (including the Senior Foreign Service),
(4) Postal Service (where applicable under title 39, United States Code),
(5) Administrative law judges paid under 5 U.S.C. 5372,
(6) Senior Executive Service (including the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service),
(7) Senior-level and scientific or professional positions paid under 5 U.S.C. 5376, and
(8) Administrative appeals judges paid under 5 U.S.C. 5372b.
(b) At its sole discretion and consistent with the intent of 5 U.S.C. 5941, an agency may apply this subpart to other positions authorized by specific law.
(c) Agencies pay COLAs to employees covered by paragraphs (a) or (b) of this section and whose official worksite is in a COLA area as defined in § 591.207.
(d) Agencies pay post differentials to employees covered by paragraphs (a) or (b) of this section whose official worksite or detail to temporary duty is in a post differential area as defined in § 591.231 and who are eligible to receive a post differential under § 591.233.
(a) The nonforeign areas are States, commonwealths, territories, and possessions of the United States outside the 48 contiguous United States and any additional areas the Secretary of State designates as being within the scope of Part II of Executive Order 10000, as amended.
(b) The following areas are nonforeign areas:
(1) State of Alaska;
(2) State of Hawaii;
(3) American Samoa (including the island of Tutuila, the Manua Islands, and all other islands of the Samoa group east of longitude 171 degrees west of Greenwich, together with Swains Island);
(4) Commonwealth of Puerto Rico;
(5) Commonwealth of the Northern Mariana Islands;
(6) Howland, Baker, and Jarvis Islands;
(7) Johnston Atoll;
(8) Kingman Reef;
(9) Midway Atoll;
(10) Navassaa Island;
(11) Palmyra Atoll;
(12) Territory of Guam;
(13) United States Virgin Islands;
(14) Wake Atoll;
(15) Any small guano islands, rocks, or keys that, in pursuance of action taken under the Act of Congress, August 18, 1856, are considered as pertaining to the United States; and
(16) Any other islands outside of the contiguous 48 states to which the U.S. Government reserves claim.