§ 359.405 Removal: Reduction in force

5 CFR 359.405(a)(a) Coverage. This section covers the removal of a career appointee from the SES during the probationary period under a reduction in force.

5 CFR 359.405(b)(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). Removal action shall be taken under 5 U.S.C. 3592(a).

5 CFR 359.405(c)(c) Procedures. The agency shall notify the appointee in writing before the effective date of the action. The notice shall state, as a minimum—

5 CFR 359.405(c)(1)(1) Whether the appointee has placement rights under § 359.701 to a position outside the SES and, if so, the position to which the appointee will be assigned;

5 CFR 359.405(c)(2)(2) The effective date of the action;

5 CFR 359.405(c)(3)(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

5 CFR 359.405(c)(4)(4) Such other information as may be required by OPM.