§ 351.502 Tenure of employment

5 CFR 351.502(a)(a) Competitive service. Tenure groups and subgroups in the competitive service are defined as follows:

5 CFR 351.502(a)(1)(1) The competitive service tenure group includes all employees in competitive service tenure subgroups I or II.

5 CFR 351.502(a)(2)(2) Competitive service tenure subgroup I includes each career employee (as that term is used in part 315 of this chapter) in the competitive service who, as of the date the employee receives a specific reduction in force notice, is not serving an initial probationary period. The following employees are in competitive service tenure subgroup I as soon as the employee completes any required probationary period for initial appointment:

5 CFR 351.502(a)(2)(i)(i) An employee for whom substantial evidence exists of eligibility to acquire status and career tenure immediately, and whose case is pending final resolution by OPM (including cases under Executive Order 10826 to correct certain administrative errors);

5 CFR 351.502(a)(2)(ii)(ii) An employee who acquires competitive status and satisfies the service requirement for career tenure when the employee's position is brought into the competitive service;

5 CFR 351.502(a)(2)(iii)(iii) An administrative law judge appointed prior to establishment of excepted service schedule E and who remains in the competitive service;

5 CFR 351.502(a)(2)(iv)(iv) An employee appointed under 5 U.S.C. 3104, which provides for the employment of specially-qualified scientific or professional personnel, or a similar authority; and

5 CFR 351.502(a)(2)(v)(v) An employee who acquired status under 5 U.S.C. 3304(c) on transfer to the competitive service from the legislative or judicial branches of the Federal Government.

5 CFR 351.502(a)(3)(3) Competitive service tenure subgroup II includes each employee in the competitive service who, as of the date the employee receives a specific reduction in force notice, is not in competitive service tenure subgroup I and is not serving an initial probationary period or a temporary appointment of 1 year or less under subpart D of part 316 of this chapter.

5 CFR 351.502(b)(b) Excepted service. Tenure groups and subgroups in the excepted service are defined as follows:

5 CFR 351.502(b)(1)(1) The excepted service tenure group includes all employees in excepted service tenure subgroups I or II.

5 CFR 351.502(b)(2)(2) Excepted service tenure subgroup I includes all employees occupying a career position (as defined in part 213 of this chapter) in the excepted service who, as of the date the employee receives a specific reduction in force notice, are not serving a trial period and whose appointment carries no restriction or condition such as conditional, indefinite, or specific time limit.

5 CFR 351.502(b)(3)(3) Excepted service tenure subgroup II includes all other employees occupying a career position (as defined in part 213 of this chapter) in the excepted service who, as of the date the employee receives a specific reduction in force notice, are not serving a trial period and who are not serving in a temporary or time-limited appointment of 1 year or less.