(a) 
         A recruitment incentive may be paid under the conditions prescribed in this subpart to an employee who is newly appointed to a position listed in  § 575.103 that is likely to be difficult to fill, as determined under  § 575.106.
     
    
        
        (b) 
         An agency may target groups of similar positions (excluding positions covered by  § 575.103(b), (c), or (e) or those in similar categories approved by OPM under  § 575.103(g)) that have been difficult to fill in the past or that may be difficult to fill in the future and make the required determination to offer a recruitment incentive to newly-appointed employees on a group basis.
     
    
        
        (c) 
         An agency may not commence a recruitment incentive service agreement during—
     
    
        
        (1) 
         A period of employment established under any service agreement required for a relocation incentive under  5 CFR part 575, subpart B, or
     
    
        
        (2) 
         A period of employment established under any service agreement required for a retention incentive or for which an employee receives retention incentive payments without a service agreement under  5 CFR part 575, subpart C.
     
    
        
            Code of Federal Regulations
        
        [70 FR 25740, May 13, 2005, as amended at 72 FR 67838, Dec. 3, 2007]