§ 158.604 Aggregate compensation limit. ( 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.