5 C.F.R. § 9901.303 Waivers.
Title 5 - Administrative Personnel
(a) When a specified category of employees is covered under this subpart— (1) The provisions of 5 U.S.C. chapter 53 are waived with respect to that category of employees, except as provided in §9901.107 and paragraphs (b) and (c) of this section; and (2) The provisions of 5 U.S.C. chapter 55, subchapter V (except section 5545b), are waived with respect to that category of employees to the extent that those employees are covered by alternative premium pay provisions established by the Secretary under §9901.361 in lieu of the provisions in 5 U.S.C. chapter 55, subchapter V. (b) The following provisions of 5 U.S.C. chapter 53 are not waived: (1) Sections 5311 through 5318, dealing with Executive Schedule positions; (2) Section 5371, insofar as it authorizes OPM to apply the provisions of 38 U.S.C. chapter 74 to DoD employees in health care positions covered by section 5371 in lieu of any NSPS pay system established under this subpart or the following provisions of title 5, U.S. Code: Chapters 51, 53, and 61, and subchapter V of chapter 55. The reference to “chapter 51” in section 5371 is deemed to include a classification system established under subpart B of this part; and (3) Section 5377, dealing with the critical pay authority. (c) Section 5379 is modified. The Secretary may establish and administer a student loan repayment program for DoD employees, except that the Secretary may not make loan payments for any noncareer appointee in the SES (as defined in 5 U.S.C. 3132(a)(7)) or for any employee occupying a position that is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character. Notwithstanding §9901.302(a), any DoD employee otherwise covered by section 5379 is eligible for coverage under the provisions established under this paragraph, subject to a determination by the Secretary under §9901.102(b)(2).
Title 5: Administrative Personnel
PART 9901—DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS
Subpart C—Pay and Pay Administration
General
§ 9901.303 Waivers.
