Applicability to employees.

§ 575.305 Applicability to employees. (a) An agency may pay a retention incentive to an individual employee under the conditions prescribed in this subpart when the agency determines that— (1) The unusually high or unique qualifications ( i.e. , competencies) of the employee or a special need of the agency for the employee's services makes it essential to retain the employee; and (2) The employee would be likely to leave the Federal service in the absence of a retention incentive. (b) Except as provided in paragraph (c) of this section, an agency may pay a retention incentive to a group or category of employees under the conditions prescribed in this subpart when the agency determines that— (1) The unusually high or unique qualifications ( i.e. , competencies) of the group or category of employees or a special need of the agency for the employees' services makes it essential to retain the employees in that group or category; and (2) There is a high risk that a significant number of the employees in the group would be likely to leave the Federal service in the absence of a retention incentive. (c) An agency may not include in a group retention incentive authorization an employee covered by § 575.303(a)(2), (a)(3), or (a)(5) or those in similar categories of positions approved by OPM to receive retention incentives under § 575.303(a)(7). (d) A retention incentive may be paid only when the employee's rating of record (or an official performance appraisal or evaluation under a system not covered by 5 U.S.C. chapter 43 or 5 CFR part 430) is at least “Fully Successful” or equivalent. [70 FR 25747, May 13, 2005, as amended at 78 FR 49364, Aug. 14, 2013]