---
kind: "section"
citation: "5 C.F.R. § 9701.202"
title: "5"
number: "9701.202"
heading: "Coverage."
url: "https://uscodex.org/cfr/5/9701.202"
---

# §9701.202. Coverage.

- (a) This subpart applies to eligible DHS employees and positions listed in [paragraph (b)](#b) of this section, subject to a determination by the Secretary or designee under [§ 9701.102(b)](/cfr/5/9701.102.md?p=b).
- (b) **The following employees and positions are eligible for coverage under this subpart—**
  - (1) Employees and positions that would otherwise be covered by the General Schedule classification system established under 5 U.S.C. chapter 51;
  - (2) Employees and positions that would otherwise be covered by a prevailing rate system established under 5 U.S.C. chapter 53, subchapter IV;
  - (3) Employees in senior-level (SL) and scientific or professional (ST) positions who would otherwise be covered by [5 U.S.C. 5376](/usc/5/5376.md); and
  - (4) Members of the Senior Executive Service (SES) who would otherwise be covered by 5 U.S.C. chapter 53, subchapter VIII, subject to [§ 9701.102(d)](/cfr/5/9701.102.md?p=d).

## Notes

### Authority

Authority: 5 U.S.C. 9701.

### Source

Source: 70 FR 5318, Feb. 1, 2005, unless otherwise noted.