§ 359.503 Restrictions

5 CFR 359.503(a)(a) Removal from the SES under this subpart may not be made effective within 120 days after—

5 CFR 359.503(a)(1)(1) The appointment of a new agency head; or

5 CFR 359.503(a)(2)(2) The appointment in the agency of the career appointee's most immediate supervisor who—

5 CFR 359.503(a)(2)(i)(i) Is a noncareer appointee; and

5 CFR 359.503(a)(2)(ii)(ii) Has the authority to remove the career appointee.

5 CFR 359.503(b)(b) For purposes of this section, a noncareer appointee includes an SES noncareer or limited appointee, an appointee in a position filled by Schedule C, or an appointee in an Executive Schedule or equivalent position other than a career Executive Schedule or equivalent position.

5 CFR 359.503(c)(c) This restriction does not apply when the career appointee has received a final rating of unsatisfactory under the performance appraisal system established by the agency under subchapter II of chapter 43 of title 5, United States Code, before the appointment of a new agency head or the appointment of the career appointee's most immediate noncareer supervisor who has the authority to remove the career appointee.