Last Updated: October 19, 2026 Reading Time: 6 min
If you're a Senior Level or Scientific or Professional employee, your performance rules just changed. OPM and OMB published a final rule on October 19, 2026 that moves SL/ST appraisal into a new subpart of 5 C.F.R. part 430, lets OPM set a forced distribution of ratings, and ties raises more tightly to ratings. It takes effect November 18, 2026. Below is what changes for your rating, your pay and your options if you disagree.
What the SL/ST Performance Rule Does
The final rule creates subpart E of 5 C.F.R. part 430 for senior professionals: Senior Level positions above GS-15 and Scientific or Professional positions, both paid under 5 U.S.C. 5376. OPM estimates about 1,420 people hold an SL or ST pay plan in the executive branch.
OPM proposed the rule on February 24, 2026, received 12 comments, and finalized it essentially as proposed. The only changes were technical: updated cross-references in the reduction-in-force rules and a typo fix. OPM certifies SL/ST appraisal systems only with OMB's concurrence.
The rule sets five summary rating levels:
| Level | Name |
|---|---|
| 5 | Outstanding |
| 4 | Exceeds Fully Successful |
| 3 | Fully Successful |
| 2 | Minimally Satisfactory |
| 1 | Unacceptable |
You need at least 90 days under your performance plan before you can be rated, and agencies must appraise at least once a year.
Forced Distribution: What the Rule Says and Doesn't
The rule removes the old ban on forced distribution for senior professionals. In OPM's words, it "eliminates the prior prohibition on forced, or standardized, distribution for senior professionals." Under the new § 430.505(d), OPM "may establish, and refine as needed, a standardized distribution of some or all rating levels for senior professionals."
What the new section does and doesn't do:
- No percentage is in the rule. It lets OPM set a distribution later. Any figure you've seen for SL/ST top ratings didn't come from this rule's text.
- OPM says Level 3 isn't limited. OPM says Level 3 "represents fully adequate performance and remains unrestricted." That is OPM's stated intent, not regulatory text, which says "some or all rating levels."
- Political appointees can be excluded. Schedule C and Schedule G senior professionals may be left out of the distribution.
OPM's senior professional appraisal system also lets the President waive the distribution by certifying that an agency's senior professionals performed outstandingly. That waiver is in OPM's appraisal system, not in the regulation text.
OPM's case for the change is that about 90% of senior professionals were rated Level 4 or 5 in fiscal 2023 and 2024, and fewer than half of one percent were rated below Level 3. For OPM's separate September 21 memo on FY2026 rating caps, see our forced-distribution self-check.
How Ratings Affect Your Pay
The rule tightens the link between your rating and your pay:
- Below Level 3, generally no raise. A current rating of record below Level 3 bars a pay increase, except where another paragraph of the rule requires one.
- No discretionary raise is guaranteed. The written-reasons rule "may not be construed to require a pay increase for any senior professional employee," though the adjustment needed to keep pay at the SL/ST minimum rate still applies.
- A zero raise at Level 3 or higher needs reasons. If you're rated Fully Successful or better and get no adjustment when General Schedule rates go up, your agency has to explain why in writing. For senior professionals paid at the rates described in 5 C.F.R. § 534.505(c)(1), that applies only if Executive Schedule rates also rise and you're rated Level 5.
The rule bars increases for low ratings. We found no provision in it that cuts pay for a low rating.
Appeals, Reviews and Performance Actions
Your rating isn't appealable beyond what other law provides. Before it's final, you can respond in writing and ask a higher-level official to review your initial rating. That official can recommend a different rating but can't change it. At agencies with 10 or more senior professionals, a Performance Review Board reviews ratings and makes recommendations to the approving official.
The rule removes two protections from the old subpart: the informal grievance process and the mandatory review of Level 1 ratings.
An Unacceptable rating can lead to suspension, demotion or removal. Those actions follow statutory procedures, with MSPB appeal and judicial review where the law provides them. Your SL/ST rating of record also counts in a reduction in force. Our guide to performance ratings and RIF standing explains how ratings feed retention.
What Happens Next
The rule takes effect November 18, 2026. It doesn't say which appraisal period is the first one governed by the new subpart. OPM's senior professional appraisal system has applied since October 1, 2025, and its Level 4 and 5 distribution was written to depend on this rule becoming final. Ask your agency's human capital office which rating cycle the new rules will apply to.
No FedTools calculator models SL/ST pay. For general pay benchmarks, our Federal Salary Explorer compares GS pay with agency and job-series averages.
Frequently Asked Questions
When does the SL/ST performance rule take effect?
November 18, 2026. OPM and OMB published the final rule on October 19, 2026. The rule doesn't say which appraisal period is the first one it governs.
Does the rule cap top ratings for SL/ST employees?
Not by itself. It lets OPM set a standardized distribution of some or all rating levels, but the rule doesn't state a percentage. OPM says Level 3, Fully Successful, remains unrestricted.
Can I appeal my SL/ST rating?
No, beyond what other law provides. You can respond in writing and ask a higher-level official to review your initial rating. That official can recommend a different rating but can't change it. The rule also removes the informal grievance process and the mandatory review of Level 1 ratings.
What does a low rating do to my pay?
A current rating of record below Level 3 generally bars an SL/ST pay increase, except where another paragraph of the rule requires one. A rating alone doesn't guarantee a discretionary raise, though the adjustment needed to keep pay at the SL/ST minimum rate still applies. If you're rated Level 3 or higher and get no adjustment when General Schedule rates rise, your agency generally has to explain why in writing.
Who is covered?
Senior Level (SL) and Scientific or Professional (ST) employees paid under 5 U.S.C. 5376, about 1,420 people across the executive branch by OPM's estimate. It isn't the Senior Executive Service rule.
Related Resources
- Federal Salary Explorer: Average pay by agency and job series
- Forced Distribution FY2026 Self-Check: OPM's September 21 memo on this cycle's rating caps
- OPM's Performance Appraisal Overhaul: The governmentwide appraisal rule for GS employees
- Performance Ratings and RIF Standing: Why your rating matters in a RIF
Sources: OPM and OMB, Managing Senior Professional Performance, final rule, 91 FR 65904 (Oct. 19, 2026), proposed rule, 91 FR 8763 (Feb. 24, 2026).
