(b)
(2)
The aggregate of an employee’s rate of basic pay, adjusted by any locality-based comparability payments, and human capital performance pay, as defined by regulation, may not exceed the rate of basic pay for Executive Level IV in any year.
(3)
Any human capital performance payment provided to an employee from the Fund is in addition to any annual pay adjustment (under section 5303 or any similar provision of law) and any locality-based comparability payment that may apply.
(c)
No monies from the Human Capital Performance Fund may be used to pay for a new position, for other performance-related payments, or for recruitment or retention incentives paid under sections 5753 and 5754.
(d)
(1)
An agency may finance initial human capital performance payments using monies from the Human Capital Performance Fund, as available.
(2)
In subsequent years, continuation of previously awarded human capital performance payments shall be financed from other agency funds available for salaries and expenses.