---
kind: "section"
citation: "6 C.F.R. § 158.642"
title: "6"
number: "158.642"
heading: "Special working conditions payment program."
url: "https://uscodex.org/cfr/6/158.642"
---

# §158.642. Special working conditions payment program.

- (a) In alignment with the compensation strategy described in [§ 158.601](/cfr/6/158.601.md), 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.
- (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) Unusual physical or mental hardship;
  - (2) Performing work at atypical locations, at unexpected times, or for an uncommon duration of time exceeding the expectation described in [§ 158.601(c)](/cfr/6/158.601.md?p=c) about working unusual hours and extended hours; or
  - (3) **A combination of the conditions described in paragraphs (b)(1) and (2) of this section.**
- (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)](/cfr/6/158.705.md?p=b), or a series of work periods.
- (d) The Department determines whether to establish, adjust, or cancel a program under this section based on information from:
  - (1) The work scheduling system described in [§ 158.705](/cfr/6/158.705.md); and
  - (2) Strategic talent planning described in [§ 158.401(c)](/cfr/6/158.401.md?p=c), including information about current compensation practices of other cybersecurity employers analyzed under the talent market analysis described in [§ 158.403](/cfr/6/158.403.md).
- (e) The Department determines eligibility for a payment for special working conditions under this section and CTMS policy implementing this section.
  - (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) A DHS-CS employee receiving a salary equal to or greater than EX-IV is ineligible to receive a payment under this section.
  - (3) A DHS-CS advisory appointee is ineligible to receive a payment for special working conditions under this section.
- (f) **CTMS policy implementing this section addresses—**
  - (1) Eligibility criteria;
  - (2) Requirements for documenting the reason and basis for payments for special working conditions provided to a DHS-CS employee;
  - (3) Appropriate levels of review and approval for providing payments for special working conditions;
  - (4) Any limitations on payments for special working conditions;
  - (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) Processes for evaluating the effectiveness of any special working conditions payment program in supporting the purpose of CTMS described in [§ 158.101](/cfr/6/158.101.md), the purpose of the DHS-CS described in [§ 158.202](/cfr/6/158.202.md), and the operationalization of the compensation strategy described in [§ 158.601](/cfr/6/158.601.md).
- (g) Any payment under this section is subject to and may be limited by the aggregate compensation limit described in [§ 158.604](/cfr/6/158.604.md).
- (h) Any payment under this section is not salary under this part and is not basic pay for any purpose under [Title 5](/cfr/5.md) U.S.C. or [5 CFR](/cfr/5.md).
- (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) Night, standby and hazardous duty differential under [5 U.S.C. 5545](/usc/5/5545.md);
  - (2) Pay for Sunday and holiday work under [5 U.S.C. 5546](/usc/5/5546.md); and
  - (3) Extended assignment incentives under [5 U.S.C. 5757](/usc/5/5757.md).
- (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)](#g) of this section, and a DHS-CS employee is ineligible to receive any such payments under 5 U.S.C.

## 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.