5 C.F.R. § 591.201

Definitions

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In this subpart—

Agency means an Executive agency as defined in section 105 of title 5, United States Code, but does not include Government-controlled corporations.

Bureau of Labor Statistics (BLS) means the Bureau of Labor Statistics of the Department of Labor.

Commonwealth of the Northern Mariana Islands (CNMI) means the Commonwealth of the Northern Mariana Islands, which is part of the Guam/CNMI COLA area.

Consumer Expenditure Survey (CES) means the BLS survey of consumers and their expenditures.

Consumer Price Index (CPI) means the BLS survey of the change of consumer prices over time.

Cost-of-living allowance (COLA) means an allowance that the Office of Personnel Management (OPM) establishes under 5 U.S.C. 5941 at a location in a nonforeign area where living costs are substantially higher than in the Washington, DC, area.

Cost-of-living allowance area means a geographic area for which OPM has authorized a COLA. COLA areas are listed in § 591.207.

Detailed Expenditure Category (DEC) means the lowest level of expenditure shown in tabulated nationwide CES data.

Major Expenditure Group (MEG) means one of the nine major groups into which OPM categorizes expenditures. These categories are food, shelter and utilities, clothing, transportation, household furnishings and supplies, medical, education and communication, recreation, and miscellaneous.

Nonforeign area means one of the areas listed in § 591.205.

Office of Personnel Management (OPM) means the Office of Personnel Management.

Official worksite means the official location of an employee's position of record as determined under 5 CFR 531.605.

Position of record means an employee's official position (defined by grade, occupational series, employing agency, law enforcement officer status, and any other condition that determines coverage under a pay schedule (other than official worksite)), as documented on the employee's most recent Notification of Personnel Action (Standard Form 50 or equivalent) and the current position description, excluding any position to which the employee is temporarily detailed. For an employee whose change in official position is followed within 3 workdays by a reduction in force resulting in the employee's separation before he or she is required to report for duty in the new position, the position of record in effect immediately before the position change is deemed to remain the position of record through the date of separation.

Post differential means an allowance OPM establishes under 5 U.S.C. 5941 at a location in a nonforeign area where conditions of environment differ substantially from conditions of environment in the contiguous United States and warrant its payment as a recruitment incentive.

Post differential area means a geographic area for which OPM authorizes a post differential. Post differential areas are listed in § 591.231.

Primary Expenditure Group (PEG) means one of approximately 40 expenditure groups into which OPM categorizes expenditures. A PEG is the first level of categorization under the MEG.

Rate of basic pay means the rate of pay fixed by statute for the position held by an individual, including any supplement included as part of basic pay under this subpart by law or regulation (e.g., a special rate supplement under 5 CFR part 530, subpart C), before any deductions and exclusive of additional pay of any other kind, such as overtime pay, night differential, extra pay for work on holidays, or other allowances and differentials. For firefighters covered by 5 U.S.C. 5545b, straight-time pay for regular overtime hours is basic pay, as provided in § 550.1305(b) of this chapter.

Washington, DC, area or DC area means the District of Columbia; Montgomery County, MD; Prince Georges County, MD; Arlington County, VA; Fairfax County, VA; Prince William County, VA; and the independent cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park, Virginia; and in the context of certain survey items, includes additional geographic locations beyond these jurisdictions.

[67 FR 22340, May 3, 2002, as amended at 69 FR 59762, Oct. 6, 2004; 70 FR 31314, May 31, 2005]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1979–2024 · leading case: Ah Sam v. United States, 230 Ct. Cl. 596 (Ct. Cl. 1982).
Ah Sam v. United States, 230 Ct. Cl. 596 (Ct. Cl. 1982). “By definition "rate of basic pay” excludes COLA, as COLA is defined as an allowance under 5 C.F.R. § 591.201 (e). By referring to "rate of basic pay” in § 5334(a), Congress obviously intended to use the term to establish wages in accordance with the GS rates set by statute.”
Kester v. Campbell, 467 F. Supp. 913 (D. Haw. 1979). “In 1976, defendants issued new regulations, 5 C.F.R. § 591.201 , et seq. (1978), which interpreted the words “are furnished,” within the meaning of § 205(b)(2), to mean furnished by any source in the federal government.”
Alaniz v. Off. of Pers. Mgmt., 545 F. Supp. 1182 (D. Alaska 1982). “§ 5941 , 5 C.F.R. §§ 591.201 -.213 and/or Executive Order No.”
Delon Johns v. Dep't of Vets. Affairs (MSPB 2024). “§ 5901 from the definition of “basic pay” for civil service retirement purposes); 5 C.F.R. § 591.201 (excluding allowances and differentials from rate of basic pay for purposes of 5 C.”
Cost of Living Allowances for Employees on Pay Retention (OLC 1989). · cites it 2× “In 5 C.F.R. § 591.201 (i) the phrase “rate of basic pay” is defined to mean “the rate of pay fixed by statute for the position held by an individual, before any deductions and exclusive of additional pay of any kind, such as overtime pay, night dif­ ferential, extra pay for work…”
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