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| Compensation System | 158.601 – 158.605 | ||||||||||||||||
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Subpart H also issued under 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430.
86 FR 47893, Aug. 26, 2021, unless otherwise noted.
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To ensure the DHS-CS fulfills its purpose, as stated in § 158.202, the Secretary or designee aims to establish and administer a compensation system, described in § 158.602, that:
(a) Ensures the compensation for DHS-CS employees is sufficiently competitive to recruit and retain individuals possessing CTMS qualifications;
(b) Values, encourages, and recognizes, in alignment with the DHS-CS core values described in § 158.305:
(1) Exceptional CTMS qualifications and mission impact,
(2) Excellence and innovation in the performance of DHS-CS cybersecurity work, and
(3) Continual learning to adapt to evolving cybersecurity risks and cybersecurity threats; and
(c) Acknowledges the unpredictable nature of cybersecurity work and the expectation that DHS-CS employees occasionally work unusual hours and extended hours, as needed, to execute the DHS cybersecurity mission, especially in response to exigent circumstances and emergencies, including cybersecurity incidents; and
(d) Reflects an understanding of the cybersecurity talent market, including:
(1) Leading compensation practices and trends,
(2) Current cybersecurity work expectations and arrangements, and
(3) An understanding of the concepts of total compensation and total rewards.
(a) The Secretary or designee establishes and administers a compensation system based on:
(1) The compensation strategy in § 158.601;
(2) Information from strategic talent planning described in § 158.401(c);
(3) Generally recognized compensation principles and practices; and
(4) Strategic talent priorities.
(a) Compensation. As compensation for service in the DHS-CS, a DHS-CS employee receives a salary as described in paragraph (b) of this section. A DHS-CS employee may also receive additional compensation as described in paragraph (c) of this section.
(b) Salary. Except as provided in paragraphs (b)(1) and (2) of this section, a DHS-CS employee receives a salary under the salary system described in § 158.610. The Department sets a DHS-CS employee's salary as described in § 158.620, and salary may include a local cybersecurity talent market supplement described in § 158.612. The Department adjusts a DHS-CS employee's salary as described in § 158.621.
(1) Uncompensated service. A DHS-CS employee providing uncompensated service described in § 158.523(a)(2) does not receive a salary under this part.
(2) Advisory appointees. A DHS-CS advisory appointee receives a salary as described under subpart J of this part.
(c) Additional compensation. In alignment with the compensation strategy in § 158.601 and subject to the requirements of this subpart F, the Department may provide the additional compensation described in paragraph (c)(1) of this section to DHS-CS employees, unless a DHS-CS employee is providing uncompensated service under § 158.523(a)(2).
(1) Types. Additional compensation under CTMS is:
(i) Recognition under §§ 158.632 through 158.634;
(ii) Other special payments under §§ 158.640 through 158.643; and
(iii) Other types of compensation, including leave and benefits, authorized under §§ 158.650 through 158.654 and provided in accordance with relevant provisions of other laws.
(2) Combining types. A DHS-CS employee, except such an employee providing uncompensated service and a DHS-CS advisory appointee, may receive any type of additional compensation described in paragraph (c)(1) of this section in combination with any other such type subject to the requirements of this subpart F, and subject to the limit described in paragraph (c)(3) of this section.
(3) Limit. Additional compensation described in paragraph (c)(1) of this section is subject to, and may be limited by, the aggregate compensation limit described in § 158.604.
(4) Advisory appointees. A DHS-CS advisory appointee may receive additional compensation as described in subpart J of this part.
(5) Department discretion. Any payment or nonpayment of additional compensation under this part, or the amount of any such compensation, is under the Department's discretion, and may be reviewable only as provided for under subpart I of this part.
(a) Limiting aggregate compensation. A DHS-CS employee may not receive additional compensation listed in in paragraphs (b)(1)(i) through (iv) of this section if such receipt would cause a DHS-CS employee's aggregate compensation for a calendar year to exceed the aggregate compensation limit applicable to that employee. A DHS-CS employee's applicable aggregate compensation limit is the limit amount assigned to the subrange of a salary structure, described in § 158.611, that contains the employee's salary. The Department assigns an aggregate compensation limit to each subrange in a salary structure by assigning the amounts referenced in 5 U.S.C. 5307(d)(1) in ascending order to the subranges, such that each subrange has an aggregate compensation limit that is greater than or equal to the salary maximum of that subrange.
(b) Aggregate compensation. For purposes of this part—
(1) A DHS-CS employee's aggregate compensation means the total of the employee's salary, including any local cybersecurity talent market supplement, and the following types of additional compensation the employee receives under this part:
(i) Recognition payments;
(ii) Payments for special working conditions;
(iii) Payments for quarters allowances, overseas differentials and allowances, and remote worksite allowances, foreign currency allowances, and hostile fire pay; and
(iv) Other similar payments described in CTMS policy as being authorized under this part and provided in accordance with other relevant provisions of law.
(2) The following types of compensation a DHS-CS employee receives under this part are excluded from the employee's aggregate compensation:
(i) Payments or reimbursements for professional development and training;
(ii) CTMS student loan repayments;
(iii) CTMS allowances in nonforeign areas;
(iv) Back pay because of an unjustified or unwarranted talent management action;
(v) Severance pay;
(vi) Lump-sum payments for accumulated and accrued annual leave;
(vii) Voluntary separation incentive payments;
(viii) Payments for reservist differentials; and
(ix) Monetary value of any honorary recognition, leave, or other benefits.
(c) Forfeiture of compensation exceeding limit amount. Except under corrective action described in paragraph (d) of this section, a DHS-CS employee may not receive any portion of a payment for the additional compensation listed in paragraphs (b)(1)(i) through (iv) of this section that would cause the employee's aggregate compensation in any calendar year to exceed the applicable limit amount for that employee described in paragraph (a) of this section and the DHS-CS employee forfeits any such portion of a payment.
(d) Corrective actions. The Department may make a corrective action if the Department underestimated or overestimated a DHS-CS employee's aggregate compensation in a calendar year, including if an applicable aggregate compensation limit amount changed, resulting in the employee receiving aggregate compensation in excess of the applicable limit amount for a DHS-CS employee or the Department limiting or prohibiting an employee's aggregate compensation incorrectly. Corrective actions may include the Secretary or designee waiving a debt to the Federal Government for a DHS-CS employee under 5 U.S.C. 5584, if warranted, or making appropriate corrective payments to a DHS-CS employee.
The provisions of the following laws, among other similar laws, do not apply under CTMS, to the DHS-CS, or to talent management involving the individuals described in § 158.103:
(a) The following provisions of 5 U.S.C.:
(1) Chapter 51 regarding classification,
(2) Chapter 53 regarding pay rates and systems (except section 5379 regarding student loan repayments),
(3) Chapter 55, Subchapter V regarding premium pay (except section 5550a regarding compensatory time off for religious observances),
(4) Chapter 61 regarding work schedules (except sections 6103-6104 regarding holidays),
(5) Section 4502 regarding cash awards and time-off awards,
(6) Section 4503 regarding agency awards (except regarding honorary recognition),
(7) Section 4505a regarding performance-based cash awards,
(8) Sections 4507 and 4507a regarding presidential rank awards,
(9) Section 5307 regarding limitation on certain payments,
(10) Section 5384 regarding performance awards for the Senior Executive Service,
(11) Section 5753 regarding recruitment and relocation bonuses,
(12) Section 5754 regarding retention bonuses,
(13) Section 5755 regarding supervisory differentials, and
(14) Section 5757 regarding extended assignment incentives;
(b) The provisions of 29 U.S.C. 206 and 207 regarding minimum wage payments and overtime pay under the Fair Labor Standards Act of 1938, as amended; and
(c) The following provisions of 5 CFR:
(1) Part 451 regarding awards (except regarding honorary recognition);
(2) Part 511 regarding classification under the General Schedule;
(3) Part 530 regarding pay rates and systems;
(4) Part 531 regarding pay under the General Schedule;
(5) Part 534 regarding pay under other systems;
(6) Part 536 regarding grade and pay retention;
(7) Part 550, subparts A regarding premium pay, I regarding pay for duty involving physical hardship or hazard, M regarding firefighter pay, N regarding compensatory time off for travel, and P regarding overtime pay for border patrol agents;
(8) Part 551 regarding pay administration under the Fair Labor Standards Act;
(9) Part 575 regarding recruitment, relocation, and retention incentives, supervisory differentials; and extended assignment incentives; and
(10) Part 610 regarding hours of duty (except subpart B regarding holidays).