This restriction generally applies to positions:
- For which the rate of pay is fixed according to the Executive Schedule;
- For which the rate of basic pay is equal to or greater than 86.5% of pay for Level II of the Executive Schedule;
- Appointed by the President under 3 U.S.C. § 105(a)(2)(B) or by the Vice President under 3 U.S.C. 106(a)(1)(B); and
- Held by an active duty commissioned officer of the uniformed services serving at pay grade or rank 0-7 or above.
However, with respect to SGEs, the application of section 207(c) is limited, based on the number of days the individual served during the last year in a senior position. Specifically, the one year cooling off period applies only to former SGEs who served 60 days or more during the one-year period described above before terminating their services as a senior employee. (Link to 18 U.S.C. 207