§ 359.701 Coverage

5 CFR 359.701This subpart covers career appointees, other than reemployed annuitants, who are removed from the SES under any of the following conditions:

5 CFR 359.701(a)(a) Removal during the probationary period under subpart C of this part or under subpart D of this part for other than misconduct, neglect of duty, malfeasance, or other disciplinary reasons under § 359.403, § 359.404, or part 752, subpart F, of this chapter, if at the time of appointment to the SES the individual held a career or career-conditional appointment or an appointment of equivalent tenure, as determined by OPM. An appointment of equivalent tenure is considered to be an appointment in the excepted service other than an appointment—

5 CFR 359.701(a)(1)(1) To a Schedule C position established under part 213 of this chapter;

5 CFR 359.701(a)(2)(2) To a position that meets the same criteria as a Schedule C position; or

5 CFR 359.701(a)(3)(3) To a position where the incumbent is traditionally changed upon a change in Presidential Administrations.

5 CFR 359.701(b)(b) Removal as the result of:

5 CFR 359.701(b)(1)(1) Failure to be recertified under subpart C of this part;

5 CFR 359.701(b)(2)(2) Less than fully successful executive performance under subpart E of this part; or

5 CFR 359.701(b)(3)(3) A reduction in force under subpart F of this part. The appointee must have completed the required probationary period under the SES or was not required to serve a probationary period.