---
kind: "section"
citation: "5 C.F.R. § 317.305"
title: "5"
number: "317.305"
heading: "Conversion of excepted appointees."
url: "https://uscodex.org/cfr/5/317.305"
---

# §317.305. Conversion of excepted appointees.

- (a) **Coverage.** This section covers employees serving under an excepted appointment in a position:
  - (1) In Schedule C of [subpart C of part 213 of title 5, Code of Federal Regulations](/cfr/5/part213-subpartC.md);
  - (2) Filled by noncareer executive assignment under [subpart F of part 305 of title 5, Code of Federal Regulations](/cfr/5/part305-subpartF.md);
  - (3) In the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, other than a career Executive Schedule position; or,
  - (4) **Filled under an authority equivalent to paragraph (a) (1), (2), or (3) of this section.**
- (b) **Senior Executive Service appointment.** An employee covered by this section shall be subject to one of the following actions.
  - (1) If the employee's position is designated a “general” position, the agency may convert the employee to a Senior Executive Service noncareer appointment. The employee may be assigned only to a “general” position.
  - (2) If the employee's position is designated a “career reserved” position, the agency may convert the employee to a Senior Executive Service noncareer appointment and assign the employee to a “general” position. The employee cannot remain in a “career reserved” position.
  - (3) If the employee subject to [§ 317.302(a)](/cfr/5/317.302.md?p=a) or [§ 317.302(d)](/cfr/5/317.302.md?p=d) has reinstatement eligibility to a position in the competitive service, or, as determined by the Office of Personnel Management, had substantial career-oriented service under a career-type appointment as defined in [§ 317.304(a)(2)](/cfr/5/317.304.md?p=a-2), the employee may request conversion to a career appointment. Such request must be made on or before the end of the notice period.
    - (i) If the request is approved by the Office, the agency will convert the employee to a Senior Executive Service career appointment. The employee may be assigned to a “general” or a “career reserved” position. The name of the individual and basis for approving the request must be published in the Federal Register.
    - (ii) If the employee's request for conversion to career is not approved by the Office, or if the employee elects not to make such a request, the agency will convert the employee to a Senior Executive Service noncareer appointment. The employee may be assigned only to a “general” position.
  - (4) In lieu of action under [paragraph (b)](#b) (1), (2), or (3) of this section, the agency may separate the employee from the civil service.

## Notes

### Source

Source: 45 FR 8541, Feb. 8, 1980, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 3392, 3393, 3395, 3397, 3592, 3593, 3595, 3596, 8414, and 8421. § 317.202 also issued under 5 U.S.C. 9201-9206 and Pub. L. 116-92, sec. 1122(b)(1).

### Source

Source: 44 FR 18927, Mar. 30, 1979, unless otherwise noted.