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Overload Compensation for Faculty on Federal Grants, Contracts and Cooperative Agreements (including subagreements) and for some non-federally funded awards

Summary: It is generally unallowable without prior sponsor approval. Contact the appropriate SPA in SPS for specific agreement restrictions.

UO Policy Statement 3.000 Personnel Practices part 4.
Regular on-campus classes as well as time spent in support of grant and research activities shall not be allowable activities for overload compensation except under extraordinary or emergency circumstances.

Generally:

  1. Overload on externally funded agreements should be identified and justified in the original proposal if the circumstances are known at the time:
    1. The level of effort must not exceed the University policy statement 3.000, part 2.
    2. Overload compensation amounts will be determined by the campus President, per University policy statement 3.000, part 7.
  2. If overload was not identified in the proposal and approval is required the overload activity must be approved by the sponsor's grants or contracts officer, PRIOR to the effort taking place.
  3. Overload approval requests, to meet University criteria, must provide an explanation of the extraordinary or emergency circumstances as well as assurances that this overload compensation will be in compliance with Uniform Guidance requirements listed below, (h)(4) (i) thru (v):

 

Federal Regulations

2 CFR Part 200 (Uniform Guidance)

§ 200.430 Compensation - personal services.

(h)(1)(ii) Incidental activities. Incidental activities for which supplemental compensation is allowable under written institutional policy (at a rate not to exceed institutional base salary) need not be included in the records described in paragraph (i) of this section to directly charge payments of incidental activities, such activities MUST either be specifically provided for in the Federal award budget or receive prior written approval by the Federal awarding agency.

(h)(3) Intra-Institution of Higher Education (IHE) consulting. Intra-IHE consulting by faculty is assumed to be undertaken as an IHE obligation requiring no compensation in addition to IBS. However, in unusual cases where consultation is across departmental lines or involves a separate or remote operation, and the work performed by the faculty member is in addition to his or her regular responsibilities, any charges for such work representing additional compensation above IBS are allowable provided that such consulting arrangements are specifically provided for in the Federal award or approved in writing by the Federal awarding agency.

(h)(4) Extra Service Pay normally represents overload compensation, subject to institutional compensation policies for services above and beyond IBS. Where extra service pay is a result of Intra-IHE consulting, it is subject to the same requirements of paragraph (3) above. It is allowable if all of the following conditions are met:

(i) The non-Federal entity establishes consistent written policies which apply uniformly to all faculty members, not just those working on Federal awards.

(ii) The non-Federal entity establishes a consistent written definition of work covered by IBS which is specific enough to determine conclusively when work beyond that level has occurred. This may be described in appointment letters or other documentations.

(iii) The supplementation amount paid is commensurate with the IBS rate of pay and the amount of additional work performed. See paragraph (h)(2) of this section.

(iv) The salaries, as supplemented, fall within the salary structure and pay ranges established by and documented in writing or otherwise applicable to the non-Federal entity.

(v) The total salaries charged to Federal awards including extra service pay are subject to the Standards of Documentation as described in paragraph (8)(i) of this section.


End of 2 CFR Part 200



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