Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 5 - Administrative Personnel |
Chapter I - Office of Personnel Management |
SubChapter B - Civil Service Regulations |
Part 359 - Removal from the Senior Executive Service; Guaranteed Placement in Other Personnel Systems |
Subpart G - Guaranteed Placement |
§ 359.702 - Placement rights.
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§ 359.702 Placement rights.
(a) An appointee covered by this subpart is entitled to be placed in a vacant civil service position (other than an SES position) in any agency that is -
(1) A continuing position at GS-15 or above, or equivalent, that will last at least three months; and
(2) A position for which the appointee meets the qualifications requirements.
(b) A probationary appointee, or a nonprobationary appointee who at the time of appointment to the SES held a career or career-conditional appointment (or an appointment of equivalent tenure, as defined in § 359.701(a)), is entitled to be placed in a position of tenure equivalent to that of the appointment held at the time of appointment to the SES. This tenure requirement does not apply -
(1) If the agency taking the removal action does not have a position of equivalent tenure for which the appointee meets the qualifications requirements; or
(2) If the appointee is willing to accept a position having a different tenure.