5 CFR 451.105 - Award restrictions.
(1) In a Senior Executive Service position and not a career appointee as defined under 5 U.S.C. 3132(a)(4); or
(2) In an excepted service position of a confidential or policy-determining character (schedule C).
(1) An Executive Schedule position, or
(2) A position for which pay is set in statute by reference to a section or level of the Executive Schedule.