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§359.501. General.

5 C.F.R. § 359.501

(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.
Notes, amendments, and revision history

Authority

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

Source

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