6 CFR §158.642

1. (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.
2. (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. (1)Unusual physical or mental hardship;
   2. (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. (3)A combination of the conditions described in paragraphs (b)(1) and (2) of this section.
3. (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.
4. (d)The Department determines whether to establish, adjust, or cancel a program under this section based on information from:
   1. (1)The work scheduling system described in § 158.705; and
   2. (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.
5. (e)The Department determines eligibility for a payment for special working conditions under this section and CTMS policy implementing this section.
   1. (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. (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. (3)A DHS-CS advisory appointee is ineligible to receive a payment for special working conditions under this section.
6. (f)CTMS policy implementing this section addresses:
   1. (1)Eligibility criteria;
   2. (2)Requirements for documenting the reason and basis for payments for special working conditions provided to a DHS-CS employee;
   3. (3)Appropriate levels of review and approval for providing payments for special working conditions;
   4. (4)Any limitations on payments for special working conditions;
   5. (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. (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.
7. (g)Any payment under this section is subject to and may be limited by the aggregate compensation limit described in § 158.604.
8. (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.
9. (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. (1)Night, standby and hazardous duty differential under 5 U.S.C. 5545;
   2. (2)Pay for Sunday and holiday work under 5 U.S.C. 5546; and
   3. (3)Extended assignment incentives under 5 U.S.C. 5757.
10. (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.