---
kind: "section"
citation: "5 C.F.R. § 359.501"
title: "5"
number: "359.501"
heading: "General."
url: "https://uscodex.org/cfr/5/359.501"
---

# §359.501. General.

- (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)](/usc/5/4314.md?p=c-3) and [part 430](/cfr/5/part430.md), [subpart C](/cfr/5/subpartC.md), 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

### Authority

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

### Source

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