---
kind: "section"
citation: "5 C.F.R. § 451.105"
title: "5"
number: "451.105"
heading: "Award restrictions."
url: "https://uscodex.org/cfr/5/451.105"
---

# §451.105. Award restrictions.

- (a) In accordance with [5 U.S.C. 4508](/usc/5/4508.md), agencies shall not grant awards under this subpart during a Presidential election period to employees who are—
  - (1) In a Senior Executive Service position and not a career appointee as defined under [5 U.S.C. 3132(a)(4)](/usc/5/3132.md?p=a-4); or
  - (2) **In an excepted service position of a confidential or policy-determining character (schedule C).**
- (b) In accordance with [5 U.S.C. 4509](/usc/5/4509.md), agencies shall not grant cash awards under this subpart to employees appointed by the President with Senate confirmation who serve in—
  - (1) An Executive Schedule position, or
  - (2) A position for which pay is set in statute by reference to a section or level of the Executive Schedule.

## Notes

### Source

Source: 60 FR 43946, Aug. 23, 1995, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 4302, 4501-4509; E.O. 11438, 33 FR 18085, 3 CFR, 1966-1970 Comp., p. 755; E.O. 12828, 58 FR 2965, 3 CFR, 1993 Comp., p. 569.