Appropriate Rate of Pay

GAO was requested to determine the appropriate rate of pay for the Federal Communication Commission's (FCC) Managing Director. The issue was whether the position is a Senior Executive Service (SES) position to be paid at the Senior Executive Schedule rate, or whether the position must be paid at the rate of Level V of the Executive Schedule. According to the Omnibus Reconciliation Act of 1981, the position should be paid at a rate equal to the rate for Level V of the Executive Schedule. However, the Civil Service Reform Act of 1978 includes within the definition of SES positions any position in GS-16, 17, or 18, or in Level IV or V of the Executive Schedule. GAO concluded that, in order to harmonize the apparent conflict in the two laws as to the rate of pay for the position in question, the position is within the SES and that the Managing Director should be paid in accordance with the SES schedule.