---
kind: "section"
citation: "5 C.F.R. § 536.302"
title: "5"
number: "536.302"
heading: "Optional pay retention."
url: "https://uscodex.org/cfr/5/536.302"
---

# §536.302. Optional pay retention.

- (a) Subject to the requirements in [§ 536.102](/cfr/5/536.102.md) and this section, an authorized agency official may provide pay retention to an employee not entitled to pay retention under [§ 536.301](/cfr/5/536.301.md), but whose payable rate of basic pay otherwise would be reduced (after application of any applicable geographic conversion under [§ 536.303(a)](/cfr/5/536.303.md?p=a)) as the result of a management action. This includes a management action to move an employee's position, without a break in service of more than 3 days, from a Department of Defense or Coast Guard nonappropriated fund instrumentality (as defined in [5 U.S.C. 2105(c)](/usc/5/2105.md?p=c)) to a position under a covered pay system in the same agency.
- (b) If an employee's official worksite changes in conjunction with an action that may entitle the employee to pay retention under [paragraph (a)](#a) of this section, the agency must apply the geographic conversion rule in [§ 536.303(a)](/cfr/5/536.303.md?p=a) before determining whether an employee's rate of basic pay otherwise would be reduced.
- (c) Eligibility for pay retention under this section ceases under the conditions specified in [§ 536.308](/cfr/5/536.308.md).

## Notes

### Source

Source: 70 FR 31310, 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.