How do OPM LEO special base rates interact with 5 U.S.C. 5305 special rates for ICE positions?
Executive summary
OPM treats Law Enforcement Officer (LEO) special base rates as a distinct base-pay construct that is used like a GS rate for pay computations, while special rates established under 5 U.S.C. 5305 function as supplements on top of a GS or LEO base and the employee is paid whichever total results in the higher pay—so ICE LEOs receive the higher of the applicable LEO locality structure or a 5305 special rate when both apply [1] [2] [3].
1. What the two authorities are and why both matter for ICE
OPM issues LEO special base rates under section 403 of FEPCA to raise the underlying base used for law enforcement GS grades 3–10, and separately OPM also establishes special rate schedules under 5 U.S.C. 5305 to address recruitment and retention for particular occupations or locations [1] [4]. Both matter for ICE because many ICE positions qualify as “law enforcement officer” under the statutory definition; therefore an ICE employee’s pay may be affected both by the LEO special base/LEO locality tables and by any 5305 special-rate schedule that covers ICE job series or locations [2] [3].
2. How OPM now classifies LEO special base rates in personnel systems
OPM has moved away from treating LEO special base rates as a “special rate” for coding purposes—removing special-rate table ID 0491 and instructing agencies to report an employee’s GS base or LEO special base in the Basic Pay field and the resulting special rate (if any) in Adjusted Basic Pay, with the GL pay plan code indicating entitlement to LEO special base rates [5]. That administrative change separates LEO base treatment from the traditional special-rate identifiers while preserving functional equivalence for payroll and pay-computation rules [5].
3. Which pay figure is used when both apply: the higher-pay rule
Where an LEO locality table and a 5 U.S.C. 5305 special rate both could apply, OPM guidance and the LEO locality tables make clear that the employee is entitled to the higher special rate—the agency must pay the higher resulting rate whether that comes from the LEO locality/LEO base construct or from 5305 special-rate tables [2] [6]. The Maximum Payable Rate rules and related guidance also allow agencies to use a special rate established under 5305 as the operative rate in pay actions where appropriate [7].
4. How special-rate supplements are computed for LEOs vs non‑LEOs
When OPM establishes a special rate schedule that covers both LEO positions and other GS positions, the special-rate supplement (the amount added to the base) will be smaller for LEOs because the LEO special base rate itself is higher than the corresponding GS base—thus the supplement is calculated off the underlying base and yields a different payable amount for LEOs [8]. Moreover, if OPM creates a special-rate schedule that covers only LEOs, it may compute the supplement as a fixed percentage of LEO special base rates instead of GS rates [9].
5. Practical outcome for ICE hires and pay actions
In practice, an ICE officer’s “rate of basic pay” for computations such as within‑grade increases or maximum‑payable‑rate comparisons will include the LEO special base rate where applicable, and a separate 5305 special rate may be applied on top—agencies must compare the outcomes and effectuate the higher payable total [1] [7]. Agencies should code entitlement via the GL/LEO pay plan and use special-rate PRD codes only when a 5305 special rate (or similar legal authority) exceeding the locality/LEO rate is actually applicable [5].
6. Limits, caps, and agency discretion
Special rates under 5 U.S.C. 5305 are subject to statutory caps—OPM notes the Executive Schedule level IV cap applies to special rates—which can constrain increases and change whether a 5305 schedule actually yields a higher payable rate than the LEO construct [4] [8]. Agencies retain some discretion and must follow OPM consultation and procedural rules when requesting or implementing 5305 special-rate schedules [4] [9].
7. Caveats and reporting limitations
The reporting and policy sources reviewed describe the interaction in agency-wide terms and OPM administrative rules, but do not provide ICE‑specific pay tables or case-by-case application examples in these excerpts; therefore implementation details for particular ICE job series, localities, or individual employee scenarios require agency payroll/OPM guidance and the applicable year’s published tables [2] [3].