---
kind: "section"
citation: "5 C.F.R. § 359.405"
title: "5"
number: "359.405"
heading: "Removal: Reduction in force."
url: "https://uscodex.org/cfr/5/359.405"
---

# §359.405. Removal: Reduction in force.

- (a) **Coverage.** This section covers the removal of a career appointee from the SES during the probationary period under a reduction in force.
- (b) **Basis for action.** The appointee must have been identified for removal from the SES under competitive procedures established by the agency in accordance with the requirements of [5 U.S.C. 3595(a)](/usc/5/3595.md?p=a). Removal action shall be taken under [5 U.S.C. 3592(a)](/usc/5/3592.md?p=a).
- (c) **Procedures.** The agency shall notify the appointee in writing before the effective date of the action. The notice shall state, as a minimum—
  - (1) Whether the appointee has placement rights under [§ 359.701](/cfr/5/359.701.md) to a position outside the SES and, if so, the position to which the appointee will be assigned;
  - (2) The effective date of the action;
  - (3) The appointee's appeal rights, including the time limit for appeal and the location of the Merit System Protection Board office to which an appeal should be sent; and
  - (4) Such other information as may be required by OPM.

## Notes

### Authority

Authority: 5 U.S.C. 1302, 3302, and 3596, unless otherwise noted.

### Source

Source: 54 FR 18876, May 3, 1989, unless otherwise noted.