---
kind: "section"
citation: "5 U.S.C. § 5755"
title: "5"
title_heading: "Government Organization and Employees"
number: "5755"
heading: "Supervisory differentials"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5755"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 57 — Travel, Transportation, and Subsistence"
  - "Subchapter IV — Miscellaneous Provisions"
---

# §5755. Supervisory differentials

- (a)
  - (1) The [Office](/usc/5/5402.md?p=3) of Personnel Management may authorize the head of an [agency](/usc/5/5701.md?p=1) to [pay](/usc/5/7511.md?p=a-4) a differential to an [employee](/usc/5/5701.md?p=2) under the General Schedule who has supervisory responsibility for 1 or more [employees](/usc/5/5701.md?p=2) not under the General Schedule, if 1 or more of the subordinate [employees](/usc/5/5701.md?p=2) would, in the absence of such a differential, be paid more than the supervisory [employee](/usc/5/5701.md?p=2).
  - (2) For the purposes of comparing the [pay](/usc/5/7511.md?p=a-4) of a supervisory [employee](/usc/5/5701.md?p=2) under the General Schedule with the [pay](/usc/5/7511.md?p=a-4) of a subordinate [employee](/usc/5/5701.md?p=2) not under the General Schedule, comparability payments under [section 5304](/usc/5/5304.md), differentials, and allowances that are not a part of [basic pay](/usc/5/8401.md?p=4) may be taken into consideration, as provided by regulations of the [Office](/usc/5/5402.md?p=3).
- (b)
  - (1) A supervisory differential, which shall be stated as a percentage of the supervisory [employee](/usc/5/5701.md?p=2)’s rate of [basic pay](/usc/5/8401.md?p=4) (excluding any comparability payments under [section 5304](/usc/5/5304.md)) or as a dollar amount, may not cause the supervisory [employee](/usc/5/5701.md?p=2)’s [pay](/usc/5/7511.md?p=a-4) to exceed the [pay](/usc/5/7511.md?p=a-4) of the highest paid subordinate [employee](/usc/5/5701.md?p=2) by more than 3 percent.
  - (2) A supervisory differential may not be considered to be part of the [basic pay](/usc/5/8401.md?p=4) of an [employee](/usc/5/5701.md?p=2), and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of [chapter 12](/usc/5/chptII/ch12.md) or under any of the laws referred to in [section 2302(d)](/usc/5/2302.md?p=d).
  - (3) A supervisory differential shall be paid in the same manner and at the same time as the [employee](/usc/5/5701.md?p=2)’s [basic pay](/usc/5/8401.md?p=4) is paid.
- (c) For the purpose of this section—
  - (1) the terms “[agency](/usc/5/5701.md?p=1)” and “[employee](/usc/5/5701.md?p=2)” have the meanings given them by [section 5102](/usc/5/5102.md); and
  - (2) any reference to “an [employee](/usc/5/5701.md?p=2) under the General Schedule” shall be considered to be a reference to any [employee](/usc/5/5701.md?p=2) holding a [position](/usc/5/5102.md?p=a-3) to which subchapter III of [chapter 53](/usc/5/chptIII/sptD/ch53.md) applies.
- (d) The [Office](/usc/5/5402.md?p=3) shall prescribe such regulations as it considers necessary for the [administration](/usc/5/9801.md?p=1) of this section.

## Source credit

(Added Pub. L. 101–509, title V, § 529 [title II, § 211(a)], Nov. 5, 1990, 104 Stat. 1427, 1461; amended Pub. L. 115–73, title I, § 107(a)(2)(B), Oct. 26, 2017, 131 Stat. 1239; Pub. L. 115–91, div. A, title X, § 1097(b)(3)(B), Dec. 12, 2017, 131 Stat. 1617.)

## Notes

### Editorial Notes

### References in Text

The General Schedule, referred to in subsecs. (a)(1), (2) and (c)(2), is set out under section 5332 of this title.

### Amendments

2017—Subsec. (b)(2). Pub. L. 115–91 substituted “section 2302(d)” for “section 2302(c)”.

Pub. L. 115–73 substituted “section 2302(c)” for “section 2302(d)”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.