5 USC § 10105 - Retention bonuses

---
identifier: "/us/usc/t5/s10105"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 10105 - Retention bonuses"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "10105"
section_name: "Retention bonuses"
chapter_number: 101
chapter_name: "FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL"
part_number: "III"
part_name: "EMPLOYEES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1414.)"
---


# § 10105. Retention bonuses

**(a)** **Authority.—** The Administrator may pay, on a case-by-case basis, a bonus under this section to an employee of the Agency if—

**(1)** the unusually high or unique qualifications of the employee or a special need of the Agency for the employee’s services makes it essential to retain the employee; and

**(2)** the Administrator determines that, in the absence of such a bonus, the employee would be likely to leave—

**(A)** the Federal service; or

**(B)** for a different position in the Federal service.

**(b)** **Service Agreement.—** Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Agency to complete a period of service with the Agency. Such agreement shall include—

**(1)** the period of service the individual shall be required to complete in return for the bonus; and

**(2)** the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.

**(c)** **Bonus Amount.—**

**(1)** **In general.—** The amount of a bonus under this section shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position involved.

**(2)** **Form of payment.—** A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay.

**(d)** **Limitation.—** A bonus under this section—

**(1)** may not be based on any period of service which is the basis for a recruitment bonus under section 10104;

**(2)** may not be paid to an individual who is appointed to or holds—

**(A)** a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;

**(B)** a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or

**(C)** a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; and

**(3)** upon completion of the strategic human capital plan, shall be paid in accordance with that plan.

**(e)** **Termination of Authority.—** The authority to grant bonuses under this section shall expire 5 years after the date of enactment of this chapter.

**(f)** **Reports.—**

**(1)** **In general.—** The Office of Personnel Management shall submit to the appropriate committees of Congress, annually for each of the first 5 years during which this section is in effect, a report on the operation of this section.

**(2)** **Contents.—** Each report submitted under this subsection shall include, with respect to the period covered by such report, a description of how the authority to pay bonuses under this section was used by the Agency, including, with respect to each such agency—

**(A)** the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and

**(B)** a determination of the extent to which such bonuses furthered the purposes of this section.

---

**Source Credit**: (Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1414.)

## Editorial Notes

### References in Text

The date of enactment of this chapter, referred to in subsec. (e), is the date of enactment of , which was approved .