Treatment as rate of basic pay.

A critical position pay rate is considered a rate of basic pay for all purposes, including any applicable premium pay, except— (a) Application of any saved pay or pay retention provisions (e.g., 5 U.S.C. 5363); (b) Application of any adverse action provisions (e.g., 5 U.S.C. 7512); or (c) Application of the General Schedule (GS) pay administration rules in 5 CFR part 531, subpart B; however, a critical position pay rate is treated as a non-GS rate of basic pay in applying the maximum payable rate rule in §§ 531.221 through 531.223 of this chapter, as provided in § 531.221(a)(4). [73 FR 50181, Aug. 26, 2008, as amended at 91 FR 54941, Aug. 26, 2026]