---
kind: "section"
citation: "5 C.F.R. § 317.801"
title: "5"
number: "317.801"
heading: "Retention of SES provisions."
url: "https://uscodex.org/cfr/5/317.801"
---

# §317.801. Retention of SES provisions.

- (a) **Coverage.** This subpart applies to—
  - (1) A career appointee in the SES appointed at any time by the President to a civilian position in the executive branch with the advice and consent of the Senate at a rate of basic pay which is equal to or greater than the rate payable for Executive Level V; or
  - (2) A career appointee in the SES who is not covered under [paragraph (a)(1)](#a-1) of this section and who was appointed on or after November 1, 1986, to a civilian position in the executive branch which is covered by the Executive Schedule, or the rate of basic pay for which is fixed by statute at a rate equal to one of the levels of the Executive Schedule.
- (b) **Election.**
  - (1) At the time of appointment, an appointee covered by [paragraph (a)](#a) of this section may elect to retain some, all, or none of the following SES provisions related to basic pay (including the aggregate limitation on pay established by [5 U.S.C. 5307](/usc/5/5307.md)), performance awards, awarding of ranks, severance pay, leave, and retirement. That election will remain in effect for no less than 1 year, unless the appointee leaves the position sooner.
  - (2) **The appointing agency is responsible for advising the appointee of the election opportunity.** The election decision must be in writing.
- (c) **Change in election.** Except as provided by [paragraph (b)](#b) of this section, a career appointee is permitted to make an election for purposes of adding or dropping coverage no more than once during any twelve-month period.

## Notes

### Amendments

[50 FR 6154, Feb. 14, 1985, as amended at 56 FR 15273, Apr. 16, 1991; 57 FR 54677, Nov. 20, 1992; 60 FR 6386, Feb. 2, 1995; 69 FR 2050, Jan. 13, 2004; 72 FR 12035, Mar. 15, 2007]

### 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.

### Amendments

[50 FR 6154, Feb. 14, 1985, as amended at 56 FR 15273, Apr. 16, 1991; 57 FR 54677, Nov. 20, 1992; 60 FR 6386, Feb. 2, 1995; 69 FR 2050, Jan. 13, 2004; 72 FR 12035, Mar. 15, 2007]