---
kind: "section"
citation: "6 C.F.R. § 158.604"
title: "6"
number: "158.604"
heading: "Aggregate compensation limit."
url: "https://uscodex.org/cfr/6/158.604"
---

# §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)](#b-1-i..b-1-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](/cfr/6/158.611.md), 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)](/usc/5/5307.md?p=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)](#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)](#b-1-i..b-1-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)](#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](/usc/5/5584.md), if warranted, or making appropriate corrective payments to a DHS-CS employee.

## Notes

### Authority

Authority: 6 U.S.C. 658. Subpart H also issued under 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430.

### Source

Source: 86 FR 47893, Aug. 26, 2021, unless otherwise noted.