---
kind: "section"
citation: "5 C.F.R. § 575.402"
title: "5"
number: "575.402"
heading: "Delegation of authority."
url: "https://uscodex.org/cfr/5/575.402"
---

# §575.402. Delegation of authority.

- (a) The head of an agency may pay a supervisory differential to a supervisor who is—
  - (1) In a General Schedule position paid under [5 U.S.C. 5332](/usc/5/5332.md); and
  - (2) Responsible for providing direct, technical supervision over the work of one or more civilian employees whose positions are not under the General Schedule if the continuing pay (as determined under [§ 575.405(d)](/cfr/5/575.405.md?p=d) of this part) of one or more of the subordinates would, in the absence of such a differential, be more than the continuing pay (as determined under [§ 575.405(c)](/cfr/5/575.405.md?p=c) of this part) of the supervisor.
- (b) A supervisory differential may not be paid on the basis of supervising a civilian employee whose rate of basic pay exceeds the maximum rate of basic pay established for grade GS-15 on the pay schedule applicable to the GS supervisor, including a schedule for any applicable special rate under [5 CFR part 530](/cfr/5/part530.md), [subpart C](/cfr/5/subpartC.md); locality-based comparability payment under [5 CFR part 531](/cfr/5/part531.md), [subpart F](/cfr/5/subpartF.md); or similar payment or supplement under other legal authority.

## Notes

### Amendments

[56 FR 20338, May 3, 1991, as amended at 57 FR 37394, Aug. 19, 1992; 58 FR 65537, Dec. 15, 1993; 61 FR 3543, Feb. 1, 1996; 70 FR 25751, May 13, 2005; 72 FR 67841, Dec. 3, 2007]

### Source

Source: 56 FR 20338, May 3, 1991, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 1104(a)(2) and 5307. Subparts A and B also issued under 5 U.S.C. 5753. Subpart C also issued under 5 U.S.C. 5754. Subpart D also issued under 5 U.S.C. 5755. Subpart E also issued under 5 U.S.C. 5757 and sec. 207 Pub. L. 107-273, 116 Stat. 1780 (5 U.S.C. 5307 note).

### Source

Source: 56 FR 12838, Mar. 28, 1991, unless otherwise noted.

### Amendments

[56 FR 20338, May 3, 1991, as amended at 57 FR 37394, Aug. 19, 1992; 58 FR 65537, Dec. 15, 1993; 61 FR 3543, Feb. 1, 1996; 70 FR 25751, May 13, 2005; 72 FR 67841, Dec. 3, 2007]