Critical Position Pay Authority

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Office of Personnel Management 5 CFR Parts 535 and 752 [Docket ID: OPM-2026-0232] RIN 3206-AP02 ( printed page 54937) AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management (OPM) is amending its regulations governing the critical position pay (CPP) authority to establish level I of the Executive Schedule as the default maximum critical pay rate, with higher rates subject to written approval by the Director of OPM. The final rule eliminates non-statutory caps and approval criteria; addresses the use of service agreements; clarifies that reductions or terminations of CPP are not adverse actions or subject to grievance or appeal rights; and clarifies the treatment of critical pay rates as basic pay. This final rule simplifies and better aligns OPM's regulations with governing law and delegated authority. DATES: Effective date: This regulation is effective August 26, 2026. OPM is waiving the 30-day delayed effective date under 5 U.S.C. 553(d)(1) , as this rule relieves restrictions that are not required by statute. FOR FURTHER INFORMATION CONTACT: Kristen Foy by telephone at (202) 606-2858 or by email at paypolicy@opm.gov . SUPPLEMENTARY INFORMATION: On April 24, 2026, OPM issued a proposed rule ( 91 FR 22070 ) to amend the CPP regulations under 5 CFR part 535 and adverse action regulations at 5 CFR part 752 . The proposed rule had a 30-day comment period ending May 26, 2026. OPM received one substantive comment and is adopting the…