§ 3601.104 - Additional limitations on gifts between employees.

§ 3601.104 Additional limitations on gifts between DoD employees.

The following limitations shall apply to gifts from groups of DoD employees that include a subordinate and to voluntary contributions to gifts for superiors permitted under 5 CFR 2635.304(c)(1):

(a) Gifts from a group that includes a subordinate. Regardless of the number of DoD employees contributing to a gift on a special, infrequent occasion as permitted by 5 CFR 2635.304(c)(1), a DoD an employee may not accept a gift or gifts, including indirectly within the meaning of 5 CFR 2635.203(f), from a donating group if the aggregate market value exceeds an aggregate of $300 the minimal value, as established by 5 U.S.C. 7342(a)(5), and if the DoD employee knows or has reason to know that any member of the donating group is his a subordinate.

(1) The cost of items excluded from the definition of a gift by 5 CFR 2635.203(b) and the cost of food, refreshments, and entertainment provided to the DoD employee and his personal guests to mark the occasion for which the gift is given shall not be included in determining whether the value of a gift or gifts exceeds the $300 aggregate minimal value limit.

(2) The value of a gift or gifts from two or more donating groups shall will be aggregated and shall will be considered to be from a single donating group if the DoD employee who is offered the gift knows or has reason to know that an individual who is his or her subordinate is a member of more than one of the donating groups.

(b) Voluntary contribution. For purposes of 5 CFR 2635.304(c)(1), the nominal amount of a voluntary contribution that a DoD an employee may solicit from another DoD employee for a group gift to the contributing DoD contributory employee's superior for any special, infrequent occasion shall will not exceed $10. A voluntary contribution of a nominal amount for food, refreshments, and entertainment for the superior, the personal guests of the superior and other attendees at an event to mark the occasion for which a group gift is given may be solicited as a separate, voluntary contribution not subject to the $10 limit.