Current through September 30, 2024
Section 359.501 - General(a)Coverage.(1) This subpart covers-(i) A career appointee who has completed the probationary period in the SES; and(ii) A career appointee who is not required to serve a probationary period in the SES.(2) This subpart does not cover, however, a career appointee who is serving as a reemployed annuitant. See subpart I of this part for removal of a reemployed annuitant.(b)Definitions -(1)Final rating means the rating of record made by an appointing authority under the SES performance appraisal system in accordance with the requirements of 5 U.S.C. 4314(c)(3) and part 430 , subpart C, of this chapter.(2) A less than fully successful final rating means a rating of unsatisfactory or minimally satisfactory.(c)Optional removal from the SES. The agency may remove a career appointee from the SES after the appointee has been given one final rating of unsatisfactory.(d)Mandatory removal from the SES. The agency must remove a career appointee from the SES after-(1) The appointee has been given two final ratings of unsatisfactory within 5 consecutive years; or(2) The appointee has been given two final ratings of less than fully successful within 3 consecutive years.