SECTION 5. Advanced In Hire Rates/Superior Qualifications Appointments
What is it
A superior qualifications appointment is an appointment made at a rate above the minimum rate of the appropriate General Schedule (GS) grade because of the candidate's superior qualifications or the agency's need of the candidate's services. It is not intended solely to match a candidate's existing salary. Heads of operating units and those to whom authority has been delegated may authorize a superior qualifications appointment.
Who gets it
A superior qualifications appointment may be made on appointment for the first time in the Federal service or on reappointment after a break in service of 90 days. The candidate must be a GS employee, eligible for reinstatement, direct-hire, or noncompetitive appointment. This authority cannot be used for a current Federal employee unless the employee is currently working as:
- an expert or consultant under 5 U.S.C. 3109;
- in a position which is neither full-time nor the principal employment of the individual;
- on assignment to the Federal government under the provisions of the Intergovernmental Personnel Act;
- under a temporary appointment in which work performed by a graduate student is to be used toward completion of academic requirements for an advanced degree; or
- as a member of the NOAA Commissioned Corps.
Justification
A superior qualifications appointment must be justified in writing in advance of the candidate's appointment. Justification may be based on superior qualifications or the agency's special need. If a specific rate is required by the candidate's qualifications, it also must be justified.
Demonstrating superior qualifications
Superior qualifications means that a candidate's experience and education, or the quality of the candidate's accomplishments are clearly superior to what would be expected from a well-qualified candidate for the job being filled. Advanced degrees, publications, and recognition by professional organizations are ways of demonstrating superior accomplishments. When there is a shortage of qualified candidates for a position, a basically qualified candidate may be found to be superior without having unusual accomplishments, based on a finding that he or she is better able to perform the work of the position than other available candidates. Difficulty in recruiting can be demonstrated by showing the number of recruitment attempts over a period of time, the total number of applicants, offers made and acceptances, and losses of employees in the same or similar positions.
Special need
Occasionally a agency project is so singular that unusual qualifications are necessary for its accomplishment. A case may be made for a superior qualifications appointment when a candidate is identified who presents singular qualifications that correspond to the requirements of the project.
Salary above the minimum
When supporting a request to pay salary above the minimum rate, a candidate's current salary and any additional earnings which would be available to the individual absent employment in the Federal service would be addressed. For example, firm offers of employment as demonstrated by letters of offer or proof of a prospective salary increase or two years of tax withholding statements to prove income above and beyond salary, e.g., from consulting or bonuses. Justification statements for advanced in hire rates should also indicate that other alternatives, such as a recruitment bonus, have been considered. Fringe benefits, if they are substantially better than government benefits, may also be addressed. Annualizing nine months salary will generally not support an advanced in hire rate because it is usually offset by vacation benefits associated with the job and opportunity to earn other income.
References
5 U.S.C. 5333
5 C.F.R. 531.203