§ 317.305 Conversion of excepted appointees

5 CFR 317.305(a)(a) Coverage. This section covers employees serving under an excepted appointment in a position:

5 CFR 317.305(a)(1)(1) In Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations;

5 CFR 317.305(a)(2)(2) Filled by noncareer executive assignment under subpart F of part 305 of title 5, Code of Federal Regulations;

5 CFR 317.305(a)(3)(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,

5 CFR 317.305(a)(4)(4) Filled under an authority equivalent to paragraph (a) (1), (2), or (3) of this section.

5 CFR 317.305(b)(b) Senior Executive Service appointment. An employee covered by this section shall be subject to one of the following actions.

5 CFR 317.305(b)(1)(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.

5 CFR 317.305(b)(2)(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.

5 CFR 317.305(b)(3)(3) If the employee subject to § 317.302(a) or § 317.302(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), the employee may request conversion to a career appointment. Such request must be made on or before the end of the notice period.

5 CFR 317.305(b)(3)(i)(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.

5 CFR 317.305(b)(3)(ii)(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.

5 CFR 317.305(b)(4)(4) In lieu of action under paragraph (b) (1), (2), or (3) of this section, the agency may separate the employee from the civil service.