---
kind: "section"
citation: "5 C.F.R. § 575.305"
title: "5"
number: "575.305"
heading: "Applicability to employees."
url: "https://uscodex.org/cfr/5/575.305"
---

# §575.305. Applicability to employees.

- (a) An agency may pay a retention incentive to an individual employee under the conditions prescribed in this subpart when the agency determines that—
  - (1) The unusually high or unique qualifications (i.e., competencies) of the employee or a special need of the agency for the employee's services makes it essential to retain the employee; and
  - (2) **The employee would be likely to leave the Federal service in the absence of a retention incentive.**
- (b) Except as provided in [paragraph (c)](#c) of this section, an agency may pay a retention incentive to a group or category of employees under the conditions prescribed in this subpart when the agency determines that—
  - (1) The unusually high or unique qualifications (i.e., competencies) of the group or category of employees or a special need of the agency for the employees' services makes it essential to retain the employees in that group or category; and
  - (2) There is a high risk that a significant number of the employees in the group would be likely to leave the Federal service in the absence of a retention incentive.
- (c) An agency may not include in a group retention incentive authorization an employee covered by § [575.303(a)(2)](/cfr/5/575.303.md?p=a-2), [(a)(3)](/cfr/5/575.303.md?p=a-3), or [(a)(5)](/cfr/5/575.303.md?p=a-5) or those in similar categories of positions approved by OPM to receive retention incentives under [§ 575.303(a)(7)](/cfr/5/575.303.md?p=a-7).
- (d) A retention incentive may be paid only when the employee's rating of record (or an official performance appraisal or evaluation under a system not covered by 5 U.S.C. chapter [43](/cfr/5/ch43.md) or [5](/cfr/5/ch5.md) CFR [part 430](/cfr/5/part430.md)) is at least “Fully Successful” or equivalent.

## Notes

### Amendments

[70 FR 25747, May 13, 2005, as amended at 78 FR 49364, Aug. 14, 2013]

### Source

Source: 70 FR 25747, May 13, 2005, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 1104(a)(2) and 5307. Subparts A and B also issued under 5 U.S.C. 5753. Subpart C also issued under 5 U.S.C. 5754. Subpart D also issued under 5 U.S.C. 5755. Subpart E also issued under 5 U.S.C. 5757 and sec. 207 Pub. L. 107-273, 116 Stat. 1780 (5 U.S.C. 5307 note).

### Source

Source: 56 FR 12838, Mar. 28, 1991, unless otherwise noted.

### Amendments

[70 FR 25747, May 13, 2005, as amended at 78 FR 49364, Aug. 14, 2013]