---
kind: "section"
citation: "5 C.F.R. § 535.106"
title: "5"
number: "535.106"
heading: "Treatment as rate of basic pay."
url: "https://uscodex.org/cfr/5/535.106"
---

# §535.106. Treatment as rate of basic pay.


A critical position pay rate is considered a rate of basic pay for all purposes, including any applicable premium pay, except—

- (a) Application of any saved pay or pay retention provisions (e.g., [5 U.S.C. 5363](/usc/5/5363.md)); or
- (b) Application of any adverse action provisions (e.g., [5 U.S.C. 7512](/usc/5/7512.md)).

## 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.