Covered Noncareer Employee [Administrative Personnel] Law and Legal Definition

According to 5 CFR 2636.303 [ Title 5 -- Administrative Personnel Chapter XVI -- Office of Government Ethics; Subchapter B -- Government Ethics; Part 2636 -- Limitations on Outside Earned Income, Employment And Affiliations for Certain Noncareer Employees; Subpart C -- Outside Earned Income Limitation and Employment and Affiliation Restrictions Applicable to Certain Noncareer Employees], covered noncareer employee means “an employee, other than a Special Government employee as defined in 18 U.S.C. 202, who occupies a position classified above GS-15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule, and who is:

(1) Appointed by the President to a position described in the Executive Schedule, 5 U.S.C. 5312 through 5317, or to a position that, by statute or as a matter of practice, is filled by Presidential appointment, other than:

(i) A position within the uniformed services; or

(ii) A position within the foreign service below the level of Assistant Secretary or Chief of Mission;

(2) A noncareer member of the Senior Executive Service or of another SES-type system, such as the Senior Foreign Service;

(3) Appointed to a Schedule C position or to a position under an agency-specific statute that establishes appointment criteria essentially the same as those set forth in § 213.3301 of this title for Schedule C positions; or

(4) Appointed to a noncareer executive assignment position or to a position under an agency-specific statute that establishes appointment criteria essentially the same as those for noncareer executive assignment positions.”