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5 U.S.C. § 5402

Title 5 Chapter 54 Current through PL 116-220 ~1 min read Last updated: March 30, 2026 View on OLRC →
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§ 5402. Definitions

For the purpose of this chapter—

  • (1) “agency” means an Executive agency under section 105, but does not include the Government Accountability Office;
  • (2) “employee” includes—
    • (A) an individual paid under a statutory pay system defined in section 5302(1);
    • (B) a prevailing rate employee, as defined in section 5342(a)(2); and
    • (C) a category of employees included by the Office of Personnel Management following the review of an agency plan under section 5403(b)(1);
      • (i) an individual paid at an annual rate of basic pay for a level of the Executive Schedule, under subchapter II of chapter 53, or at a rate provided for one of those levels under another provision of law;
      • (ii) a member of the Senior Executive Service paid under subchapter VIII of chapter 53, or an equivalent system;
      • (iii) an administrative law judge paid under section 5372;
      • (iv) a contract appeals board member paid under section 5372a;
      • (v) an administrative appeals judge paid under section 5372b; and
      • (vi) an individual in a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; and
  • (3) “Office” means the Office of Personnel Management.

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