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UCLA-Related Questions and Answers
on NIH Salary Cap
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NIH Salary Cap Questions and Answers
(Last updated February 2008)
| Q: |
What is the NIH salary cap? |
| A: |
The federal Consolidated Appropriations Act limits the rate at which salaries can be directly charged to contracts and grants funded by certain agencies of the federal Department of Health and Human Services (HHS). Since the inception of the cap in 1989, salary limits have been imposed on awards made by the National Institutes of Health (NIH), and the Substance Abuse and Mental Health Services Administration (SAMHSA). Beginning with the FY 2002 Appropriations Act, the cap was applied to the Agency for Healthcare Research and Quality (AHRQ) awards.
Several other federal agencies, including the Centers for Disease Control (CDC) and the Health Resources and Services Administration (HRSA) sometimes incorporate this limit on salary into their awards as well, even though they do not have legislative authority to do so.
Some non-federal agencies, including the American Cancer Society (ACS), and the State of California Department of Health Services, California Cancer Research Program (CRP), have also imposed this cap on some programs they sponsor.
Occasionally, other agencies limit the rate at which salaries can be paid. For example, the Susan G. Komen Breast Cancer Foundation continues to cap salaries at a full-time rate of $125,900 per year. |
| Q: |
What is the basis for the cap? |
| A: |
The cap is tied to levels of the Federal Executive Pay scale specified within the Consolidated Appropriations Act. Since FY 2001 the cap has been set at the Executive Level I. It remains at that level.
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| Q: |
How is the salary cap applied? |
| A: |
The cap establishes a maximum annual rate of pay at which an individual’s full time effort over a twelve-month period can be charged for a federal contract, grant or cooperative agreement. It is not intended to limit the actual salary paid by the institution. An institution may pay an individual in excess of the salary cap.
Salary charged to a contract, cooperative agreement or grant from these agencies cannot be paid at a monthly rate that exceeds 1/12th of the maximum annual rate of pay then in effect. The capped rate in effect as of January 1, 2008, is $191,300. This means that salary expenses charged on or after January 1, 2008, cannot be paid at a monthly rate that exceeds $15,941.67.
The table below shows annual rates, when they are applicable, and how the annual rates convert into monthly maximum rates of pay:
Annual Rate |
Applicable Dates |
Monthly Rate = Annual/12 |
$125,900 |
Oct 1, 1998 - Dec. 31, 1999
(FY 99 awards) |
$10,491.67 |
$130,200 |
Jan 1, 2000 - Dec 31, 2000
(FY 99 awards) |
$10,850.00 |
$136,700 |
Oct 1, 1999 - Dec 31, 1999
(FY 2000 awards) |
$11,391.67 |
$141,300 |
Jan 1, 2000 - Dec 31, 2000
(FY 2000 awards) |
$11,775.00 |
$145,100 |
Jan 1, 2001 - Dec 31, 2001
(FY 2000 awards) |
$12,091.67 |
$157,000 |
Oct 1, 2000 - Dec 31, 2000
(FY 2001 awards) |
$13,083.33 |
$161,200 |
Jan 1, 2001 - Dec 31, 2001
(FY 2001 and FY 2002 awards) |
$13,433.33 |
$166,700 |
Jan 1, 2002 - Dec 31, 2002
(FY 2001, FY 2002 and FY 2003 awards) |
$13,891.67 |
$171,900 |
Jan 1, 2003 - Dec 31, 2003
(FY 2003 and FY 2004 awards) |
$14,325.00 |
$175,700 |
Jan 1, 2004 - Dec 31, 2004
(FY 2004 and FY 2005 awards) |
$14, 641.67 |
$180,100 |
Jan 1, 2005 - Dec 31, 2005
(FY 2005 and FY 2006 awards) |
$15,008.33 |
$183,500 |
Jan 1, 2006 - Dec 31, 2006
(FY 2006 and FY 2007 awards) |
$15,291.67 |
$186,600 |
Jan. 1, 2007 – Dec 31, 2007 (FY 2007 and FY 2008 awards) |
$15,550.00 |
$191,300 |
January 1, 2008 and after (FY 2008 awards) |
$15,941.67 |
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| Q: |
How is this maximum annual rate of pay applied to fiscal year appointees? Does this differ from the way it is applied to nine-month faculty? |
| A: |
For fiscal year appointees (those who have calendar year appointments), the maximum monthly rate of pay for full time effort is 1/12th of the maximum annual rate of pay. For example, if the maximum annual rate of pay for full time effort is $191,300, the monthly maximum rate of pay as described above is $15,941.67.
Pay received by academic year appointees reflects the fact that the nine-month salary is paid out in twelve equal portions. Thus, for FY 2007 awards subject to the maximum rate of pay for full time effort of $191,300 for work performed during the academic year will reflect a maximum monthly full-time rate of $11,956.25 ($15,941.67 multiplied by 9 and divided by 12). The table below shows the same calculation for each of the applicable rates:
Annual Rate |
Monthly Rate = Annual/12 |
Pay Out Rate = (Monthly x 9)/12 |
$125,900 |
$10,491.67 |
$7,868.75 |
$130,200 |
$10,850.00 |
$8,137.50 |
$136,700 |
$11,391.67 |
$8,543.75 |
$141,300 |
$11,775.00 |
$8,831.25 |
$145,100 |
$12,091.67 |
$9,068.75 |
$157,000 |
$13,083.33 |
$9,812.50 |
$161,200 |
$13,433.33 |
$10,075.00 |
$166,700 |
$13,891.67 |
$10,418.75 |
$171,900 |
$14,325.00 |
$10,743.75 |
$174,500 |
$14,541.67 |
$10,906.25 |
$175,700 |
$14,641.67 |
$10,981.25 |
$180,100 |
$15,008.33 |
$11,256.25 |
$183,500 |
$15,291.67 |
$11,468.75 |
$186,600 |
$15,550.00 |
$11,662.50 |
$191,300 |
$15,941.67 |
$11,956.25 |
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| Q: |
Are nine-month faculty eligible to receive additional compensation during the summer from a source subject to the cap? |
| A: |
Yes.
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| Q: |
Can "summer ninths" for research be charged to NIH funds? |
| A: |
Yes.
|
| Q: |
Can a nine-month appointee receive compensation from a source subject to the salary cap during the academic year and also receive compensation from the same source or another source subject to the cap during the summer? |
| A: |
Yes.
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| Q: |
Can salaries subject to the NIH cap be supplemented? |
| A: |
Yes. Actual salary paid to an individual by UCLA is not constrained by the salary cap. Only the salary charged to sources that are subject to the cap are affected. Federal regulations permit institutions to supplement salary paid under awards that are subject to the salary cap using non-federal funds. However, University of California policy prohibits use of State general funds (19900) for salary supplementation.
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| Q: |
Does the salary cap apply to all components of salary for 11-month faculty who are members of Health Science Compensation Plans? |
| A: |
For members of the Health Science Compensation Plans, the "institutional base salary" is equivalent to the total negotiated (or guaranteed) salary. That guaranteed or negotiated salary consists of "X" and "Y" components. It does not include "Z" payments.
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| Q: |
Should proposals be prepared using the actual or capped rate if an individual’s actual salary exceeds the federal cap? |
| A: |
For traditionally formatted competitive applications, actual salaries should be used in calculating salaries and preparing budgets and should be shown on the budget form. For streamlined applications, including NIH Modular grant proposal submissions and all non-competing (continuation) submissions, the current capped rate of $191,300 should be used for calculating salary for any individual whose University rate of pay exceeds the capped rate.
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| Q: |
How does the salary cap relate to effort? |
| A: |
Ordinarily, the salary chargeable to a sponsored project is the employee's rate of pay multiplied by the employee's level of effort on the project. Salary charges to a contract or grant subject to the cap cannot be paid at a monthly rate that exceeds 1/12th of the maximum capped annual rate of pay in effect, multiplied by the number of months of full-time effort being devoted to the project.
Higher levels of effort mean proportionately more salary can be charged to the grant, cooperative agreement or contract. Under no circumstances, whether or not an employee is working on contracts or grants that are subject to the NIH cap, can the percent of full-time salary charged to the contract or grant exceed the level of full-time effort devoted to the project.
For example, if the University pays Dr. Jones an annual salary of $200,000 for a full-time fiscal year appointment, then her monthly rate of pay for full time effort (1/12th of the annual salary rate) is $16,666.67. Dr. Jones' salary exceeds the capped rate, which in calendar year 2008 is limited to a maximum of $191,300 for full-time effort. This equates to $15,941.67 per month (1/12th of the maximum allowable annual rate of pay for full-time effort under the NIH cap).
- If Dr. Jones devoted 1.2 calendar months to a grant from NIH, SAMHSA or AHRQ made with federal FY 2008 monies, a maximum of $19,097.60 could be charged to the grant.
- If Dr. Jones were able to devote 6 calendar months to the project, then a maximum of $95,650 could be charged to the grant.
- If Dr. Jones devoted 9 calendar months to the project each month, at most $143,475 could be charged to the grant.
- Assuming that Dr. Jones has no teaching or other responsibilities and is able to devote 12 calendar months effort to the project, a maximum of $191,300 could be charged to the grant.
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