§ 3965.
(a)
Eligibility; additional lump sum payment; excessive compensation not precluding award
Subject to subsection (e), members of the Senior Foreign Service who are serving—
(1)
under career or career candidate appointments, or
(2)
under limited appointments with reemployment rights under
section 3950 of this title as career appointees in the Senior Executive Service,
shall be eligible to compete for performance pay in accordance with this section. Performance pay shall be paid in a lump sum and shall be in addition to the basic salary prescribed under
section 3962 of this title and any other award. The fact that a member of the Senior Foreign Service competing for performance pay would, as a result of the payment of such performance pay, receive compensation exceeding the compensation of any other member of the Service shall not preclude the award or its payment.
(b)
Criteria; limitations
Awards of performance pay shall take into account the criteria established by the Office of Personnel Management for performance awards under
section 5384 of title 5 and rank awards under
section 4507 of title 5. Awards of performance pay under this section shall be subject to the following limitations:
(1)
Not more than 33 percent of the members of the Senior Foreign Service may receive performance pay in any fiscal year.
(2)
Except as provided in paragraph (3), performance pay for a member of the Senior Foreign Service may not exceed 20 percent of the annual rate of basic salary for that member.
(3)
Not more than 6 percent of the members of the Senior Foreign Service may receive performance pay in any fiscal year in an amount which exceeds the percentage limitation specified in paragraph (2). Payments under this paragraph to a member of the Senior Foreign Service may not exceed, in any fiscal year, the percentage of basic pay established under
section 4507(e)(1) of title 5 for a Meritorious Executive, except that payments of the percentage of the basic pay established under section 4507(e)(2) of such title for Distinguished Executives may be made in any fiscal year to up to 1 percent of the members of the Senior Foreign Service.
(5)
The Secretary of State shall prescribe regulations, consistent with
section 5582 of title 5, under which payment under this section shall be made in the case of any individual whose death precludes payment under paragraph (4) of this subsection.
([Pub. L. 96–465, title I, § 405], Oct. 17, 1980, [94 Stat. 2088]; [Pub. L. 100–204, title I, § 175(b)], Dec. 22, 1987, [101 Stat. 1361]; [Pub. L. 103–236, title I, § 173(d)], Apr. 30, 1994, [108 Stat. 412]; [Pub. L. 105–277, div. G], subdiv. B, title XXIII, § 2311(a), Oct. 21, 1998, [112 Stat. 2681–826]; [Pub. L. 105–292, title V, § 504(a)], Oct. 27, 1998, [112 Stat. 2811]; [Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 323]], Nov. 29, 1999, [113 Stat. 1536], 1501A–437; [Pub. L. 107–228, div. A, title III, § 312(a)], Sept. 30, 2002, [116 Stat. 1378]; [Pub. L. 108–447, div. B, title IV, § 412(b)], Dec. 8, 2004, [118 Stat. 2905].)