(1) 
         Senior-level (SL) positions classified above GS-15 pursuant to 5 U.S.C. 5108; and
     
    
        
        (2) 
         Scientific or professional (ST) positions established under 5 U.S.C. 3104.
     
    
        
        (b) 
         This subpart does not apply to—
     
    
        
        (1) 
         Senior Executive Service positions established under 5 U.S.C. 3132, unless the incumbent of the position declined to convert to the SES and under  § 317.303 of this chapter remained at grade GS-16, 17, or 18 (now the SL pay system) or under the ST pay system;
     
    
        
        (2) 
         Positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, Defense Intelligence Executive Service, or Senior Cryptologic Executive Service; or
     
    
        
        (3) 
         Positions where pay is fixed by administrative action and is limited to level IV of the Executive Schedule under 5 U.S.C. 5373.
     
    
        
            Code of Federal Regulations
        
        [56 FR 18662, Apr. 23, 1991, as amended at 57 FR 10125, Mar. 24, 1992]