5 CFR § 535.102 - Definitions.

---
identifier: "/us/cfr/t5/s535.102"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 535.102 - Definitions."
title_number: 5
title_name: "Administrative Personnel"
section_number: "535.102"
section_name: "Definitions."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "535"
part_name: "CRITICAL POSITION PAY AUTHORITY"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 5377; E.O. 13415, 71 FR 70641."
regulatory_source: "73 FR 50181, Aug. 26, 2008, unless otherwise noted."
cfr_part: "535"
---


# 535.102 Definitions.

*Agency* has the meaning given that term in 5 U.S.C. 5102.

*Critical position* means a position for which OPM has granted authority to the head of an agency to exercise the pay-setting authority provided in 5 U.S.C. 5377.

*Critical position pay authority* means the authority that may be granted to the head of an agency by OPM under 5 U.S.C. 5377 to set the rate of basic pay for a given critical position under the provisions of that section.

*Critical position pay rate* means the specific rate of pay established by the head of an agency for an employee in a critical position based upon the exercise of the critical position pay authority. A critical position pay rate is a rate of basic pay to the extent provided in § 535.106.

*Employee* means an employee (as defined in 5 U.S.C. 2105) in or under an agency.

*Head of an agency* means the agency head or an official who has been delegated the authority to act for the agency head in the matter concerned.