Section 575.304 - Ineligible categories of employeesAn agency may not pay a retention incentive to an employee in-
(a) A position to which an individual is appointed by the President, by and with the advice and consent of the Senate;(b) A position in the Senior Executive Service as a noncareer appointee (as defined in 5 U.S.C. 3132(a)(7) ) ;(c) A position excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or(d) A position not otherwise covered by the exclusions in paragraphs (a), (b), and (c) of this section- (1) To which an individual is appointed by the President without the advice and consent of the Senate, except a Senior Executive Service position in which the individual serves as a career appointee (as defined in 5 U.S.C. 3132(a)(4) ) ;(2) Designated as the head of an agency, including an agency headed by a collegial body composed of two or more individual members;(3) In which the employee is expected to receive an appointment as the head of an agency; or(4) To which an individual is appointed as a Senior Executive Service limited term appointee or limited emergency appointee (as defined in 5 U.S.C. 3132(a)(5) and (a)(6) , respectively) when the appointment must be cleared through the White House Office of Presidential Personnel. 70 FR 25747 , May 13, 2005, as amended at 78 FR 49364 , Aug. 14, 2013