Superior qualifications and special needs pay-setting authority.

CFR · 2024-01-01 · US · Title 5

(a) (i) A first appointment (regardless of tenure) as a civilian employee of the Federal Government; or (ii) A reappointment that is considered a new appointment under 5 U.S.C. 5333 because it meets the conditions prescribed in paragraph (a)(2) and (3) of this section. (2) An agency may use the superior qualifications and special needs pay-setting authority for a reappointment only when the employee has had a break in service of at least 90 days from the last period of civilian employment with the Federal Government, except as provided in paragraph (a)(3) of this section. (3) Except as provided in paragraph (a)(5) of this section, an agency may use the superior qualifications and special needs pay-setting authority for a reappointment without requiring a 90-day break in service if the candidate's civilian employment with the Federal Government during the 90-day period immediately preceding the appointment was limited to one or more of the following: (i) A time-limited appointment in the competitive or excepted service; (ii) A non-permanent appointment in the competitive or excepted service; (iii) Employment with the government of the District of Columbia (DC) when the candidate was first appointed by the DC government on or after October 1, 1987; (iv) An appointment as an expert or consultant under 5 U.S.C. 3109 and 5 CFR part 304; (v) Employment under a provisional appointment designated under 5 CFR 316.403; (vi) Employment under an Internship Program appointment under § 213

official document · source cfr-2024 · id 5:§ 531.212