{"identifier":"/us/usc/t5/s5402","title":5,"num":"\u00a7\u202f5402.","heading":"Definitions","text":"\u00a7\u202f5402.\nDefinitions\nFor the purpose of this chapter\u2014\n(1) \u201cagency\u201d means an Executive agency under section 105, but does not include the Government Accountability Office;\n(2) \u201cemployee\u201d includes\u2014\n(A) an individual paid under a statutory pay system defined in section 5302(1);\n(B) a prevailing rate employee, as defined in section 5342(a)(2); and\n(C) a category of employees included by the Office of Personnel Management following the review of an agency plan under section 5403(b)(1);\nbut does not include\u2014\n(i) an individual paid at an annual rate of basic pay for a level of the Executive Schedule, under subchapter II of chapter 53, or at a rate provided for one of those levels under another provision of law;\n(ii) a member of the Senior Executive Service paid under subchapter VIII of chapter 53, or an equivalent system;\n(iii) an administrative law judge paid under section 5372;\n(iv) a contract appeals board member paid under section 5372a;\n(v) an administrative appeals judge paid under section 5372b; and\n(vi) an individual in a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; and\n(3) \u201cOffice\u201d means the Office of Personnel Management.","url":"https://projectusc.org/usc/t5/s5402.html","content":[{"t":"sec","id":"/us/usc/t5/s5402","children":[{"t":"num","text":"\u00a7\u202f5402."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"For the purpose of this chapter\u2014"},{"t":"para","id":"/us/usc/t5/s5402/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" \u201cagency\u201d means an Executive agency under section 105, but does not include the Government Accountability Office;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s5402/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" \u201cemployee\u201d includes\u2014"},{"t":"subpara","id":"/us/usc/t5/s5402/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an individual paid under a statutory pay system defined in section 5302(1);","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s5402/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a prevailing rate employee, as defined in section 5342(a)(2); and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s5402/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a category of employees included by the Office of Personnel Management following the review of an agency plan under section 5403(b)(1);","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"but does not include\u2014","tail":"\n"},{"t":"clause","id":"/us/usc/t5/s5402/2/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" an individual paid at an annual rate of basic pay for a level of the Executive Schedule, under subchapter II of chapter 53, or at a rate provided for one of those levels under another provision of law;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s5402/2/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a member of the Senior Executive Service paid under subchapter VIII of chapter 53, or an equivalent system;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s5402/2/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" an administrative law judge paid under section 5372;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s5402/2/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" a contract appeals board member paid under section 5372a;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s5402/2/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" an administrative appeals judge paid under section 5372b; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s5402/2/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" an individual in a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s5402/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" \u201cOffice\u201d means the Office of Personnel Management.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}