§ 158.642 Special working conditions payment program. ( a ) In alignment with the compensation strategy described in § 158.601, the Department may establish a program to provide payments to DHS-CS employees to address special working conditions that are otherwise unaccounted for or the Department determines are accounted for insufficiently in DHS-CS employees' other types of additional compensation and salary.
( b ) Special working conditions include circumstances in which a supervisor or other appropriate official requires a DHS-CS employee to perform DHS-CS cybersecurity work that involves, as determined by the Department: ( 1 ) Unusual physical or mental hardship;
( 2 ) Performing work at atypical locations, at unexpected times, or for an uncommon duration of time exceeding the expectation described in § 158.601(c) about working unusual hours and extended hours; or
( 3 ) A combination of the conditions described in paragraphs (b)(1) and (2) of this section.
( c ) A payment for special working conditions is a payment of up to 25 percent of the receiving DHS-CS employee's salary as computed for a work period, defined in § 158.705(b), or a series of work periods.
( d ) The Department determines whether to establish, adjust, or cancel a program under this section based on information from: ( 1 ) The work scheduling system described in § 158.705; and
( 2 ) Strategic talent planning described in § 158.401(c), including information about current compensation practices of other cybersecurity employers analyzed under the talent market analysis described in § 158.403.
( e ) The Department determines eligibility for a payment for special working conditions under this section and CTMS policy implementing this section. ( 1 ) A DHS-CS employee who receives a payment for special working conditions under a program established under this section is not automatically eligible or entitled to receive any additional such payments.
( 2 ) A DHS-CS employee receiving a salary equal to or greater than EX-IV is ineligible to receive a payment under this section.
( 3 ) A DHS-CS advisory appointee is ineligible to receive a payment for special working conditions under this section.
( f ) CTMS policy implementing this section addresses: ( 1 ) Eligibility criteria;
( 2 ) Requirements for documenting the reason and basis for payments for special working conditions provided to a DHS-CS employee;
( 3 ) Appropriate levels of review and approval for providing payments for special working conditions;
( 4 ) Any limitations on payments for special working conditions;
( 5 ) Requirements for determining whether a payment for special working conditions is a lump sum payment, paid in installments, or a recurring payment; and
( 6 ) Processes for evaluating the effectiveness of any special working conditions payment program in supporting the purpose of CTMS described in § 158.101, the purpose of the DHS-CS described in § 158.202, and the operationalization of the compensation strategy described in § 158.601.
( g ) Any payment under this section is subject to and may be limited by the aggregate compensation limit described in § 158.604.
( h ) Any payment under this section is not salary under this part and is not basic pay for any purpose under Title 5 U.S.C. or 5 CFR.
( i ) A payment for special working conditions under this section is based on the following types of payments provided under 5 U.S.C.: ( 1 ) Night, standby and hazardous duty differential under 5 U.S.C. 5545;
( 2 ) Pay for Sunday and holiday work under 5 U.S.C. 5546; and
( 3 ) Extended assignment incentives under 5 U.S.C. 5757.
( j ) A payment for special working conditions under this section is in lieu of the types of payment provided under 5 U.S.C. listed in paragraph (g) of this section, and a DHS-CS employee is ineligible to receive any such payments under 5 U.S.C.