§ 432.102 Coverage

5 CFR 432.102(a)(a) Actions covered. This part covers reduction in grade and removal of employees based on unacceptable performance.

5 CFR 432.102(b)(b) Actions excluded. This part does not apply to:

5 CFR 432.102(b)(1)(1) The reduction in grade of a supervisor or manager who has not completed the probationary period under 5 U.S.C. 3321(a)(2) if such a reduction is based on supervisory or managerial performance and the reduction is to the grade held immediately before becoming a supervisor or manager in accordance with 5 U.S.C. 3321(b);

5 CFR 432.102(b)(2)(2) The reduction in grade or removal of an employee in the competitive service who is serving a probationary or trial period under an initial appointment;

5 CFR 432.102(b)(3)(3) The reduction in grade or removal of an employee in the competitive service serving in an appointment that requires no probationary or trial period who has not completed 1 year of current continuous employment in the same or similar position under other than a temporary appointment limited to 1 year or less;

5 CFR 432.102(b)(4)(4) The reduction in grade or removal of an employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions;

5 CFR 432.102(b)(5)(5) An action imposed by the Merit Systems Protection Board under the authority of 5 U.S.C. 1206;

5 CFR 432.102(b)(6)(6) An action taken under 5 U.S.C. 7521 against an administrative law judge;

5 CFR 432.102(b)(7)(7) An action taken under 5 U.S.C. 7532 in the interest of national security;

5 CFR 432.102(b)(8)(8) An action taken under a provision of statute, other than one codified in title 5 of the U.S. Code, which excepts the action from the provisions of title 5 of the U.S. Code;

5 CFR 432.102(b)(9)(9) A removal from the Senior Executive Service to a civil service position outside the Senior Executive Service under part 359 of this chapter;

5 CFR 432.102(b)(10)(10) A reduction-in-force governed by part 351 of this chapter;

5 CFR 432.102(b)(11)(11) A voluntary action by the employee;

5 CFR 432.102(b)(12)(12) A performance-based action taken under part 752 of this chapter;

5 CFR 432.102(b)(13)(13) An action that terminates a temporary or term promotion and returns the employee to the position from which temporarily promoted, or to a different position of equivalent grade and pay if the agency informed the employee that it was to be of limited duration;

5 CFR 432.102(b)(14)(14) A termination in accordance with terms specified as conditions of employment at the time the appointment was made;

5 CFR 432.102(b)(15)(15) An involuntary retirement because of disability under part 831 of this chapter; and

5 CFR 432.102(b)(16)(16) An action against a technician in the National Guard concerning any activity under 32 U.S.C. 709(f)(4), except as provided by 32 U.S.C. 709(f)(5).

5 CFR 432.102(c)(c) Agencies covered. This part applies to:

5 CFR 432.102(c)(1)(1) The executive departments listed at 5 U.S.C. 101;

5 CFR 432.102(c)(2)(2) The military departments listed at 5 U.S.C. 102;

5 CFR 432.102(c)(3)(3) Independent establishments in the executive branch as described at 5 U.S.C. 104, except for a Government corporation; and

5 CFR 432.102(c)(4)(4) The Government Printing Office.

5 CFR 432.102(d)(d) Agencies excluded. This part does not apply to:

5 CFR 432.102(d)(1)(1) A Government corporation;

5 CFR 432.102(d)(2)(2) The Central Intelligence Agency;

5 CFR 432.102(d)(3)(3) The Defense Intelligence Agency;

5 CFR 432.102(d)(4)(4) The National Security Agency;

5 CFR 432.102(d)(5)(5) Any executive agency or unit thereof which is designated by the President and the principal function of which is the conduct of foreign intelligence or counterintelligence activities;

5 CFR 432.102(d)(6)(6) The General Accounting Office;

5 CFR 432.102(d)(7)(7) The U.S. Postal Service; and

5 CFR 432.102(d)(8)(8) The Postal Rate Commission.

5 CFR 432.102(e)(e) Employees covered. This part applies to individuals employed in or under a covered agency as specified at § 432.102(c) except as listed in § 432.102(f).

5 CFR 432.102(f)(f) Employees excluded. This part does not apply to:

5 CFR 432.102(f)(1)(1) An employee in the competitive service who is serving a probationary period under an initial appointment;

5 CFR 432.102(f)(2)(2) An employee in the competitive service serving in an appointment that requires no probationary period, who has not completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less;

5 CFR 432.102(f)(3)(3) A preference eligible employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions;

5 CFR 432.102(f)(4)(4) A nonpreference eligible employee in the excepted service who has not completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment (see 5 CFR 213.104(a)) limited to 2 years or less;

5 CFR 432.102(f)(5)(5) An employee outside the United States who is paid in accordance with local native prevailing wage rates for the area in which employed;

5 CFR 432.102(f)(6)(6) An individual in the Foreign Service of the United States;

5 CFR 432.102(f)(7)(7) An employee who holds a position with the Veterans Health Administration which has been excluded from the competitive service by or under a provision of title 38, United States Code, unless such employee was appointed to such a position under section 7401(3) of title 38;

5 CFR 432.102(f)(8)(8) An administrative law judge appointed under 5 U.S.C. 3105;

5 CFR 432.102(f)(9)(9) An individual in the Senior Executive Service;

5 CFR 432.102(f)(10)(10) An individual appointed by the President;

5 CFR 432.102(f)(11)(11) An employee occupying a position in Schedule C or Schedule Policy/Career as authorized under part 213 of this chapter;

5 CFR 432.102(f)(12)(12) A reemployed annuitant;

5 CFR 432.102(f)(13)(13) An individual occupying a position in the excepted service for which employment is not reasonably expected to exceed 120 calendar days in a consecutive 12 month period; and

5 CFR 432.102(f)(14)(14) A manager or supervisor returned to his or her previously held grade pursuant to 5 U.S.C. 3321 (a)(2) and (b).