CFR > Title 5 - Administrative Personnel > CHAPTER XCIX—DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS (DEPARTMENT OF DEFENSE—OFFICE OF PERSONNEL MANAGEMENT) > PART 9901—DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM (NSPS) > SUBPART C—Pay and Pay Administration (§9901.301 to §9901.372) > 9901.303—Waivers.

9901.303—Waivers.

(a) When a specified category of employees is covered under this subpart—
(1) The provisions of 5 U.S.C. chapter 53 are waived with respect to that category of employees, except as provided in § 9901.106 and paragraphs (b) and (c) of this section; and
(2) The provisions of 5 U.S.C. chapter 55, subchapter V (except sections 5544 and 5545b ), are waived with respect to that category of employees to the extent that those employees are covered by alternative premium pay provisions established by the Secretary under §§ 9901.361 through 9901.364 in lieu of the provisions in 5 U.S.C. chapter 55, subchapter V.
(b) The following provisions of 5 U.S.C. chapter 53 are not waived:
(1) Sections 5311 through 5318, dealing with Executive Schedule positions;
(2) Sections 5341 through 5349, dealing with prevailing rate systems;
(3) Section 5371, insofar as it authorizes OPM to apply the provisions of 38 U.S.C. chapter 74 to DoD employees in health care positions covered by section 5371 in lieu of any NSPS classification and pay system established under this part or the following provisions of title 5, U.S. Code: chapters 51, 53, and 61, and subchapter V of chapter 55. The reference to “chapter 51” in section 5371(c) is deemed to include a classification system established under subpart B of this part; and
(4) Section 5377, dealing with the critical pay authority.
(c) Section 5379 continues to apply but is modified to allow the Secretary to modify the minimum service period and the limitations on the amount of student loan benefits in order to address critical hiring needs, subject to § 9901.105.