; (C) an employee of such institution or credit union who performs a policymaking function; or (D) an officer of a subsidiary of such institution or credit union who performs a policymaking function for such institution or credit union. (3) Insured credit union The term insured credit union has the meaning given such term in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ). (4) Insured depository institution The term insured depository institution has the meaning given such term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (5) Senior agency employee The term senior agency employee means a Federal employee who is— (A) employed in a position in the executive branch for which the rate of basic pay is— (i) determined under subchapter II of chapter 53 of title 5, United States Code; or (ii) equal to or greater than 86.5 percent of the rate of basic pay for level II of the Executive Schedule, not including any allowances, premium pay paid under the provisions of law cited in section 5547(a) of such title, or locality-based comparability payments under section 5304 of such title 5, or similar authority; (B) appointed by the President to a position under section 105(a)(2)(A) or 105(a)(2)(B) of title 3, United States Code; (C) appointed by the Vice President to a position under section 106(a)(1)(A) or 106(a)(1)(B) of title 3, United States Code; or (D) an active duty commissioned officer of the uniformed services serving in a position for which the pay grade, as specified in section 201 of title 37, United States Code, is pay grade O–7 or above.