[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR591.209]

[Page 674]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 591--ALLOWANCES AND DIFFERENTIALS--Table of Contents
 
 Subpart B--Cost-of-Living Allowance and Post Differential--Nonforeign 
                                  Areas
 
Sec. 591.209  Eligibility for a differential.

    A department or agency will determine employee eligibility to 
receive a differential as follows:
    (a) To be eligible to receive a differential:
    (1) The employee must be a citizen or national of the United States;
    (2) The employee's residence in the area where the differential 
applies must be attributable to employment by the United States; and
    (3) Any prior residence in the area must be because of employment by 
the United States or by U.S. firms, interests, or organizations.
    (b) Subject to paragraph (a) of this section, the classes of persons 
eligible to receive differentials include, but are not limited to--
    (1) Those recruited or transferred from outside the area where the 
differential applies.
    (2) Those employed in the area where the differential applies but 
who--
    (i) Were originally recruited from outside the area and have been in 
substantially continuous employment by other Federal agencies, 
contractors of Federal agencies, or international organizations in which 
the U.S. Government participates, and whose conditions of employment 
provide for their return transportation to places outside the 
differential area concerned; or
    (ii) Were at the time of employment temporarily present in the 
differential area concerned for travel or formal study and maintained 
residence outside the area during that period.
    (3) Those who are not normally residents of the area where the 
differential applies and who are discharged from the military service of 
the United States in the area to accept employment there with an agency 
of the Federal Government.

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