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5 CFR § 534.402 - Definitions.

---
identifier: "/us/cfr/t5/s534.402"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 534.402 - Definitions."
title_number: 5
title_name: "Administrative Personnel"
section_number: "534.402"
section_name: "Definitions."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "534"
part_name: "PAY UNDER OTHER SYSTEMS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 1104, 3161(d), 5307, 5351, 5352, 5353, 5376, 5382, 5383, 5384, 5385, 5541, 5550a, sec. 1125 of the National Defense Authorization Act for FY 2004, Pub. L. 108-136, 117 Stat. 1638 (5 U.S.C. 5304, 5382, 5383, 7302; 18 U.S.C. 207); and sec. 2 of Pub. L. 110-372, 122 Stat. 4043 (5 U.S.C. 5304, 5307, 5376)."
cfr_part: "534"
---

# 534.402 Definitions.

In this subpart—

*Agency* means an executive agency or military department, as defined by 5 U.S.C. 105 and 102.

*Authorized agency official* means the head of an agency or an official who is authorized to act for the head of the agency in the matter concerned. The agency's Inspector General is the *authorized agency official* for senior executive positions in the Office of the Inspector General, consistent with the requirements in section 3(a) of the Inspector General Act of 1978.

*Outstanding performance* means performance that substantially exceeds the normally high performance expected of any senior executive, as evidenced by exceptional accomplishments or contributions to the agency's performance.

*Performance expectations* means the critical and other performance elements and performance requirements that constitute the senior executive performance plans (as defined in § 430.303).

*PRB* means Performance Review Board, as described in § 430.310.

*Rate of basic pay* means the rate of pay fixed by law or administrative action for the senior executive, within the established SES rate range or, in the case of a senior executive entitled to pay retention, the employee's retained rate of pay, excluding any applicable locality-based comparability payments under 5 U.S.C. 5304, but before any deductions and exclusive of additional pay of any other kind.

*Relative performance* means the performance of a senior executive with respect to the performance of other senior executives, including their contribution to agency performance, where appropriate, as determined by the application of a certified performance appraisal system under 5 CFR part 430, subpart D.

*Senior executive* means a member of the Senior Executive Service (SES) paid under 5 U.S.C. 5383.

*SES rate* means a rate of basic pay within the SES rate range assigned to a member of the SES under § 534.403(a).

*SES rate range* means the range of rates of basic pay established for the SES under 5 U.S.C. 5382 and § 534.403(a).

[69 FR 70362, Dec. 6, 2004]