---
kind: "section"
citation: "5 C.F.R. § 530.202"
title: "5"
number: "530.202"
heading: "Definitions."
url: "https://uscodex.org/cfr/5/530.202"
---

# §530.202. Definitions.


In this subpart:

Agency means an executive agency as defined at [5 U.S.C. 105](/usc/5/105.md).

Aggregate compensation means the total of—

- (1) Basic pay received as an employee of the executive branch or as an employee outside the executive branch to whom the General Schedule applies;
- (2) Premium pay under 5 U.S.C. chapter 53, subchapter IV;
- (3) Premium pay under 5 U.S.C. chapter 55, subchapter V;
- (4) Incentive awards and performance-based cash awards under 5 U.S.C. chapters 45 and 53;
- (5) Recruitment and relocation incentives under [5 U.S.C. 5753](/usc/5/5753.md) and retention incentives under [5 U.S.C. 5754](/usc/5/5754.md);
- (6) Extended assignment incentives under [5 U.S.C. 5757](/usc/5/5757.md);
- (7) Supervisory differentials under [5 U.S.C. 5755](/usc/5/5755.md);
- (8) Post differentials under [5 U.S.C. 5925](/usc/5/5925.md);
- (9) Danger pay allowances under [5 U.S.C. 5928](/usc/5/5928.md);
- (10) Post differentials based on environmental conditions for employees stationed in nonforeign areas under [5 U.S.C. 5941(a)(2)](/usc/5/5941.md?p=a-2);
- (11) Physicians' comparability allowances under [5 U.S.C. 5948](/usc/5/5948.md);
- (12) Continuation of pay under [5 U.S.C. 8118](/usc/5/8118.md);
- (13) Lump-sum payments in excess of the aggregate limitation on pay as required by [§ 530.204](/cfr/5/530.204.md); and
- (14) **Other similar payments authorized under title 5, United States Code, excluding—**
  - (i) Overtime pay under the Fair Labor Standards Act of 1938, as amended, and [5 CFR part 551](/cfr/5/part551.md);
  - (ii) Severance pay under [5 U.S.C. 5595](/usc/5/5595.md);
  - (iii) Lump-sum payments for accumulated and accrued annual leave upon separation under 5 U.S.C. [5551](/usc/5/5551.md) or [5552](/usc/5/5552.md);
  - (iv) Back pay awarded to an employee under [5 U.S.C. 5596](/usc/5/5596.md) because of an unjustified personnel action;
  - (v) Student loan repayments under [5 U.S.C. 5379](/usc/5/5379.md); and
  - (vi) Nonforeign area cost-of-living allowances under [5 U.S.C. 5941(a)(1)](/usc/5/5941.md?p=a-1).

    Aggregate limitation means the limitation on aggregate compensation received in any given calendar year as established by [5 U.S.C. 5307](/usc/5/5307.md). For an executive branch employee (including employees in Senior Executive Service positions paid under [5 U.S.C. 5383](/usc/5/5383.md) and employees in senior-level or scientific or professional positions paid under [5 U.S.C. 5376](/usc/5/5376.md)), a General Schedule employee in the legislative branch, or General Schedule employee in the judicial branch (excluding those paid under 28 U.S.C. [332(f)](/usc/28/332.md?p=f), [603](/usc/28/603.md), and [604](/usc/28/604.md)), the limitation on aggregate compensation is equal to the rate for level I of the Executive Schedule in effect at the end of the applicable calendar year. For an employee in a Senior Executive Service position paid under [5 U.S.C. 5383](/usc/5/5383.md) and an employee in a senior-level or scientific or professional position paid under [5 U.S.C. 5376](/usc/5/5376.md) covered by an applicable performance appraisal system that has been certified under [5 CFR part 430](/cfr/5/part430.md), [subpart D](/cfr/5/subpartD.md), the limitation on aggregate compensation is equal to the total annual compensation payable to the Vice President under [3 U.S.C. 104](/usc/3/104.md) at the end of a calendar year.

    Basic pay means the total amount of pay received at a rate fixed by law or administrative action for the position held by an employee, including any special rate under [5 CFR part 530](/cfr/5/part530.md), [subpart C](/cfr/5/subpartC.md), or any locality-based comparability payment under [5 CFR part 531](/cfr/5/part531.md), [subpart F](/cfr/5/subpartF.md), or other similar payment under other legal authority, before any deductions. Basic pay includes night and environmental differentials for prevailing rate employees under 5 U.S.C. [5343(f)](/usc/5/5343.md?p=f) and [5](/usc/5/5.md) CFR 532.511. Basic pay excludes additional pay of any other kind.

    Discretionary payment means a payment an agency has discretion to make to an employee. Payments that are authorized to be made to an employee under the terms of a service agreement or preauthorized to be made to an employee at a regular fixed rate each pay period are not discretionary payments.

    Employee has the meaning given that term in [5 U.S.C. 2105](/usc/5/2105.md).

    Estimated aggregate compensation means the agency's projection of the aggregate compensation an employee actually would receive during a calendar year but for application of the aggregate limitation to future payments. This projection must be based upon known factors. Estimated aggregate compensation includes—

- (1) The total amount of basic pay the employee will receive during the calendar year;
- (2) Any lump-sum payment of excess amounts from a previous calendar year, as described in [§ 530.204](/cfr/5/530.204.md);
- (3) The total amount of nondiscretionary payments the employee would be entitled to receive during the calendar year; and
- (4) The total amount of discretionary payments the employee would be authorized to receive during the calendar year.

## Notes

### Amendments

[69 FR 70360, Dec. 6, 2004, as amended at 70 FR 25739, May 13, 2005; 72 FR 67837, Dec. 3, 2007]

### Source

Source: 69 FR 70360, Dec. 6, 2004, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 5305 and 5307; subpart C also issued under 5 U.S.C. 5338, sec. 4 of the Performance Management and Recognition System Termination Act of 1993 (Pub. L. 103-89), 107 Stat. 981, and sec. 1918 of Public Law 111-84, 123 Stat. 2619.

### Amendments

[69 FR 70360, Dec. 6, 2004, as amended at 70 FR 25739, May 13, 2005; 72 FR 67837, Dec. 3, 2007]