eligible employee
(3) Eligible employee The term “eligible employee” means an individual, except as provided under subsection (b)(3)— (A) who is an employee of the Senate; and (B) whose rate of pay as an employee of the Senate, on the date on which such eligibility is determined, does not exceed the rate of basic pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5 .