---
kind: "section"
citation: "5 C.F.R. § 536.102"
title: "5"
number: "536.102"
heading: "Coverage."
url: "https://uscodex.org/cfr/5/536.102"
---

# §536.102. Coverage.

- (a) Subject to the exclusions in [paragraphs (b) through (e)](#b..e) of this section, this part covers any employee who, at the time this part is applied—
  - (1) Is in a covered pay system; or
  - (2) Is moving to a position under a covered pay system from a position not under a covered pay system, as long as the individual was an employee as defined in [5 CFR 536.103](/cfr/5/536.103.md) while serving in the position in a noncovered pay system.
- (b) An agency may not provide grade or pay retention under this part to an employee who—
  - (1) Is reduced in grade or pay for personal cause or at the employee's request;
  - (2) Was employed on a temporary or term basis immediately before the action causing the reduction in grade or pay;
  - (3) Does not satisfactorily complete the probationary period prescribed by [5 U.S.C. 3321(a)(2)](/usc/5/3321.md?p=a-2), and, as a result, is removed from a supervisory or managerial position;
  - (4) Is entitled to receive a saved rate of basic pay under 5 U.S.C. [3594(c)](/usc/5/3594.md?p=c) and [5](/usc/5/5.md) CFR 359.705 because of removal from the Senior Executive Service and placement in a civil service position (other than a Senior Executive Service position) under [5 U.S.C. 3594(b)(2)](/usc/5/3594.md?p=b-2);
  - (5) Moves from an Executive Schedule position paid under 5 U.S.C. chapter 53, subchapter II, or a position whose rate of pay is fixed by law at a rate equal to a rate for the Executive Schedule;
  - (6) Moves between positions not under a covered pay system or from a position under a covered pay system to a position not under a covered pay system;
  - (7) Moves to a nonappropriated fund position as described in [5 U.S.C. 2105(c)](/usc/5/2105.md?p=c) (except a position occupied by a prevailing rate employee);
  - (8) Moves from a nonappropriated fund position as described in [5 U.S.C. 2105(c)](/usc/5/2105.md?p=c) (except a position occupied by a prevailing rate employee) to a position in a covered pay system, unless covered by [§ 536.302(a)](/cfr/5/536.302.md?p=a); or
  - (9) **Is reduced in pay upon termination of a critical position pay authority under 5 CFR part 535.**
- (c) An agency may not provide grade or pay retention under this part based on the grade or rate of basic pay held by the employee during a temporary promotion or temporary reassignment. However, a temporary promotion or temporary reassignment does not affect an employee's preexisting entitlement to grade or pay retention.
- (d) An agency may not provide grade retention under subpart B of this part to an employee who moves from a position not under a covered pay system to a position under a covered pay system.
- (e) An employee loses eligibility for or entitlement to grade or pay retention under the conditions specified in §§ [536.207](/cfr/5/536.207.md), [536.208](/cfr/5/536.208.md), and [536.308](/cfr/5/536.308.md).

## Notes

### Amendments

[70 FR 31305, May 31, 2005, as amended at 73 FR 50183, Aug. 26, 2008]

### Source

Source: 70 FR 31305, May 31, 2005, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 5361-5366; sec. 4 of the Performance Management and Recognition System Termination Act of 1993 (Pub. L. 103-89), 107 Stat. 981; § 536.301(b) also issued under 5 U.S.C. 5334(b); § 536.308 also issued under sec. 301(d)(2) of the Federal Workforce Flexibility Act of 2004 (Pub. L. 108-411), 118 Stat. 2305; § 536.310 also issued under sections 1913 and 1918 of the Non-Foreign Area Retirement Equity Assurance Act of 2009 (subtitle B of title XIX of Pub. L.111-84), 123 Stat. 2619; § 536.405 also issued under 5 U.S.C. 552, Freedom of Information Act, Public Law 92-502.

### Source

Source: 45 FR 85656, Dec. 30, 1980, unless otherwise noted.

### Amendments

[70 FR 31305, May 31, 2005, as amended at 73 FR 50183, Aug. 26, 2008]