position
(1) For the purpose of this subsection, the term “position” means— (A) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105); (B) a position to which section 5372a applies (relating to contract appeals board members); (C) a Senior Executive Service position under section 3132 or 3151 or a senior level position under section 5376 stationed within the United States, but outside the 48 contiguous States and the District of Columbia in which the incumbent was an individual who on the day before the effective date of section 1912 of the Non-Foreign Area Retirement Equity Assurance Act of 2009 was eligible to receive a cost-of-living allowance under section 5941 and who thereafter has served continuously in an area in which such an allowance was payable; and (D) a position within an Executive agency not covered under the General Schedule or any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) no more than the rate payable for level IV of the Executive Schedule; but does not include— (i) a position to which subchapter IV applies (relating to prevailing rate systems); (ii) a position as to which a rate of pay is authorized under section 5377 (relating to critical positions); (iii) a position to which subchapter II applies (relating to the Executive Schedule); (iv) a Senior Executive Service position under section 3132, except for a position covered by subparagraph (C); (v) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151, except for a position covered by subparagraph (C); (vi) a position in a system equivalent to the system in clause (iv), as determined by the President’s Pay Agent designated under subsection (d); or (vii) a position to which section 5376 applies (relating to certain senior-level and scientific and professional positions), except for a position covered by subparagraph (C).