---
kind: "section"
citation: "5 C.F.R. § 535.102"
title: "5"
number: "535.102"
heading: "Definitions."
url: "https://uscodex.org/cfr/5/535.102"
---

# §535.102. Definitions.


Agency has the meaning given that term in [5 U.S.C. 5102](/usc/5/5102.md).

Critical position means a position for which OPM has granted authority to the head of an agency to exercise the pay-setting authority provided in [5 U.S.C. 5377](/usc/5/5377.md).

Critical position pay authority means the authority that may be granted to the head of an agency by OPM under [5 U.S.C. 5377](/usc/5/5377.md) to set the rate of basic pay for a given critical position under the provisions of that section.

Critical position pay rate means the specific rate of pay established by the head of an agency for an employee in a critical position based upon the exercise of the critical position pay authority. A critical position pay rate is a rate of basic pay to the extent provided in [§ 535.106](/cfr/5/535.106.md).

Employee means an employee (as defined in [5 U.S.C. 2105](/usc/5/2105.md)) in or under an agency.

Head of an agency means the agency head or an official who has been delegated the authority to act for the agency head in the matter concerned.


## Notes

### Authority

Authority: 5 U.S.C. 5377; E.O. 13415, 71 FR 70641.

### Source

Source: 73 FR 50181, Aug. 26, 2008, unless otherwise noted.