CFR › Title 5 › Part 535 › §535.1065 CFR §535.106Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗Copy linkA critical position pay rate is considered a rate of basic pay for all purposes, including any applicable premium pay, except—(a)Application of any saved pay or pay retention provisions (e.g., 5 U.S.C. 5363); or(b)Application of any adverse action provisions (e.g., 5 U.S.C. 7512).