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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 5 - Administrative Personnel |
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Chapter I - Office of Personnel Management |
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SubChapter B - Civil Service Regulations |
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Part 359 - Removal from the Senior Executive Service; Guaranteed Placement in Other Personnel Systems |
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Subpart E - Removal of Career Appointees for Less Than Fully Successful Executive Performance |
§ 359.501 - General.
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§ 359.501 General.
(a) Coverage.
(1) This subpart covers -
(i) A career appointee who has completed the probationary period in the SES; and
(ii) A career appointee who is not required to serve a probationary period in the SES.
(2) This subpart does not cover, however, a career appointee who is serving as a reemployed annuitant. See subpart I of this part for removal of a reemployed annuitant.
(b) Definitions -
(1) Final rating means the rating of record made by an appointing authority under the SES performance appraisal system in accordance with the requirements of 5 U.S.C. 4314(c)(3) and part 430, subpart C, of this chapter.
(2) A less than fully successful final rating means a rating of unsatisfactory or minimally satisfactory.
(c) Optional removal from the SES. The agency may remove a career appointee from the SES after the appointee has been given one final rating of unsatisfactory.
(d) Mandatory removal from the SES. The agency must remove a career appointee from the SES after -
(1) The appointee has been given two final ratings of unsatisfactory within 5 consecutive years; or
(2) The appointee has been given two final ratings of less than fully successful within 3 consecutive years.