CHAPTER 650 DANGER PAY ALLOWANCE (Last Updated 12/13/2015)
651 Definitions
For the purpose of this chapter:
a. "Danger Pay Allowance" means the additional compensation of up to 35 percent over basic compensation granted to employees (Section 031 and 040i) for service at designated danger pay posts, pursuant to Section 5928, Title 5, United States Code (Section 2311, Foreign Service Act of 1980) and the provisions of this chapter. (eff. 03/05/06 TL:SR 661)
b. "Danger Pay Post" means:
1. a place listed individually in Section 920 which has been so designated by the Secretary of State;
2. a place which is not listed individually in Section 920 but which is located in a country or area which has been so designated by the Secretary of State.
c. “Detail” means detail as defined by Section 040p, for a minimum of four (4) cumulative hours in one day, at a place designated a danger pay area. All periods of leave while present at such place of detail may be included to meet the four hour requirement, but days of absence away from the designated post or country/area may not be included. Employees transiting a post who are inadvertently detained thereat for four (4) hours or more shall be considered on detail.
d. "Day" When an employee is detailed to a danger pay post or area four hours or more, he/she may receive the danger pay allowance for the full day.
*652 Scope
a. The danger pay allowance is designed to provide additional compensation above basic compensation to all U.S. Government civilian employees, including Chiefs of Mission, for service at places in foreign areas where there exist conditions of civil insurrection, civil war, terrorism or wartime conditions which threaten physical harm or imminent danger to the health or well-being of an employee. These conditions do not include acts characterized chiefly as economic crime.
b. The danger pay allowance may be granted separately from any grant of post differential in Chapter 500 and may be granted at foreign posts or country/areas which have no post differential.
c. The danger pay allowance, if prescribed, is in lieu of any difficult to staff incentive differential authorized at post, which may have been in effect at the post at the time of designation as a danger pay post to the extent that combined payments may not exceed 35 percent of basic compensation. (eff. 03/05/06 TL:SR 661)
d. The danger pay allowance is in lieu of that part of the hardship post differential rate (Chapter 500) at a post which is attributable to political violence and terrorism. Consequently, the rate of post differential may be reduced while danger pay allowance is in effect to avoid dual crediting for political violence and terrorism. However, combined danger pay, post hardship differential, and difficult-to-staff incentive differential for each employee will be at least five percent of basic compensation above the previous combined post hardship differential and difficult-to-staff incentive differential in effect at the post. (eff. 10/4/2015 TL:SR 874)
e. The amount of the danger pay cannot exceed 35 percent of basic compensation. (eff. 03/05/06 TL:SR 661)
*f. The amount of danger pay allowance shall be at the rates of 15, 25, or 35 percent, based on the determined level of danger and the presence of non-essential personnel and dependents at post. Except in the case of danger pay granted pursuant to subsection "g" of this section, the amount of danger pay allowance shall be at the rates prescribed in this subsection. (eff. 12/13/15 TL:SR 879)
g. Under circumstances defined by the Secretary of State, a danger pay allowance may be granted to civilian employees who accompany U.S. military forces designated by the Secretary of Defense as eligible for imminent danger pay. The Secretary of State will define the area of application for civilian employees and the amount of danger pay shall be the same flat rate amount paid to uniformed military personnel as imminent danger pay. Danger pay authorized under this subparagraph will not be paid for periods of time that the employee either receives danger pay authorized under subparagraph "f" or post differential that would duplicate political violence credit.
*653 Basis for Danger Pay Allowance
*653.1 Designation
A danger pay allowance is established by the Secretary of State when, and only when, civil insurrection, civil war, terrorism or wartime conditions threaten physical harm or imminent danger to the health or well being of a majority of employees officially stationed or detailed at a post or country/area in a foreign area. To determine whether the situation meets the danger pay criteria, the Department of State (Office of Allowances) will conduct a regular review. The Director of the Office of Allowances will chair a working group which will make a recommendation to the Assistant Secretary of State for Administration concerning a danger pay designation. (eff. 12/13/15 TL:SR 879)
653.2 Criterion
In general, the conditions described under Section 652a and 653.1 must be such that there must exist a continuing threat of physical harm or imminent danger to health or well being of employees at the post.
*653.3 Periodic Review
Posts designated for danger pay will undergo a review of conditions on sn annual basis, or more frequently when necessary. The danger pay working group will use Goverment security reports to review conditions at danger pay allowance posts to ensure that the allowance continues only during the existence of conditions justifying such payment. As a result of such reviews, the danger pay allowance for a particular post may be modified or removed at any time. (eff. 12/13/15 TL:SR 879)
654 Danger Pay Allowance Applicable to Post (Section 040h)
654.1 Commencement
Danger pay allowance commences on the date of designation by the Secretary of State for employees present at the post on assignment or detail, and on the date of arrival at post for subsequently assigned or detailed employees or for employees returning to post after temporary absence.
654.2 Termination
The danger pay allowance terminates as of the close of business on the day the designation is removed by the Secretary of State, or the day the employee departs the post for any reason for a post or country/area not designated for the danger pay allowance.
655 Danger Pay Allowance on Detail
Employees on detail at a danger pay post may be granted the danger pay allowance at the prescribed rate for all days of detail at such post except for days of absence from the post in a post or area not designated for the danger pay allowance. Note: Danger Pay is paid only for hours for which basic compensation is paid.
656 Payments
656.1 Full-time, Temporary and Intermittent Employees
The danger pay allowance for full-time employees and employees appointed for temporary periods (section 013.3 and 031.4) shall be at the percentage of basic compensation established for the post. For part-time regularly scheduled employees and intermittent employees the danger pay allowance shall be computed at the prescribed percentage of basic compensation earned during the applicable pay period.
656.2 No Ceiling on Payments
The danger pay allowance is not subject to any ceiling which would provide a payment less than the full percentage rate prescribed for the post.
657 Exclusion of Danger Pay Allowance from Step Pay Increase Computations
Payment of the danger pay allowance shall not be construed as part of basic compensation for computing within-grade, step, merit pay increases and Senior Executive Service or Senior Foreign Service bonuses.