§ 575.102 Definitions

5 CFR 575.102In this subpart:

5 CFR 575.102 (definition of "Agency")Agency means an executive agency or a legislative branch agency included in 5 U.S.C. 5102(a)(1).

5 CFR 575.102 (definition of "Authorized agency official")Authorized agency official means the head of an agency or an official who is authorized to act for the head of the agency in the matter concerned.

5 CFR 575.102 (definition of "Competencies")Competencies means the knowledge, skills, abilities, behaviors, and other characteristics an individual needs to perform the duties of a position.

5 CFR 575.102 (definition of "Employee")Employee has the meaning given that term in 5 U.S.C. 2105, except that the term also includes an employee described in 5 U.S.C. 2105(c). For the purpose of determining whether an individual was an employee of the Federal Government during the 90-day period referred to in the definition of newly appointed, employee also includes an employee described in 5 U.S.C. 2105(e). For the purpose of § 575.109(d), an employee means an individual not yet employed who has received a written offer to be newly appointed or reappointed and has signed the written service agreement required by § 575.110 before payment of the recruitment incentive.

5 CFR 575.102 (definition of "Executive agency")Executive agency has the meaning given that term in 5 U.S.C. 105.

5 CFR 575.102 (definition of "Federal Government")Federal Government means all entities of the Government of the United States, including the United States Postal Service and the Postal Regulatory Commission.

5 CFR 575.102 (definition of "Newly appointed")Newly appointed refers to—

5 CFR 575.102 (definition of "Newly appointed", paragraph (1))(1) The first appointment, regardless of tenure, as an employee of the Federal Government;

5 CFR 575.102 (definition of "Newly appointed", paragraph (2))(2) An appointment of a former employee of the Federal Government following a break in Federal Government service of at least 90 days; or

5 CFR 575.102 (definition of "Newly appointed", paragraph (3))(3) An appointment of an individual in the Federal Government when his or her service in the Federal Government during the 90-day period immediately preceding the appointment was not in a position excluded by § 575.104 and was limited to one or more of the following:

5 CFR 575.102 (definition of "Newly appointed", paragraph (3)(i))(i) A time-limited appointment in the competitive or excepted service;

5 CFR 575.102 (definition of "Newly appointed", paragraph (3)(ii))(ii) A non-permanent appointment in the competitive or excepted service;

5 CFR 575.102 (definition of "Newly appointed", paragraph (3)(iii))(iii) Employment with the government of the District of Columbia (DC) when the candidate was first appointed by the DC government on or after October 1, 1987;

5 CFR 575.102 (definition of "Newly appointed", paragraph (3)(iv))(iv) An appointment as an expert or consultant under 5 U.S.C. 3109 and 5 CFR part 304;

5 CFR 575.102 (definition of "Newly appointed", paragraph (3)(v))(v) Employment under a provisional appointment designated under 5 CFR 316.403;

5 CFR 575.102 (definition of "Newly appointed", paragraph (3)(vi))(vi) Employment under an Internship Program appointment under § 213.3402(a) of this chapter; or

5 CFR 575.102 (definition of "Newly appointed", paragraph (3)(vii))(vii) Employment as a Senior Executive Service limited term appointee or limited emergency appointee (as defined in 5 U.S.C. 3132(a)(5) and (a)(6), respectively).

5 CFR 575.102 (definition of "OPM")OPM means the Office of Personnel Management.

5 CFR 575.102 (definition of "Rate of basic pay")Rate of basic pay means the rate of pay fixed by law or administrative action for the position to which an employee is or will be appointed before deductions and including any special rate under 5 CFR part 530, subpart C, or similar payment under other legal authority, and any locality-based comparability payment under 5 CFR part 531, subpart F, or similar payment under other legal authority, but excluding additional pay of any other kind. For example, a rate of basic pay does not include additional pay such as night shift differentials under 5 U.S.C. 5343(f) or environmental differentials under 5 U.S.C. 5343(c)(4).

5 CFR 575.102 (definition of "Service agreement")Service agreement means a written agreement between an agency and an employee under which the employee agrees to a specified period of employment of not more than 4 years with the agency in return for payment of a recruitment incentive.