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5 U.S.C. 6329b, 7504, 7514, 7515, and 7543; 38 U.S.C. 7403. E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218.
74 FR 63532, Dec. 4, 2009, unless otherwise noted.
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(a) Adverse actions covered. This subpart applies to suspensions for more than 14 days and removals from the civil service as set forth in 5 U.S.C. 7542.
(b) Actions excluded.
(1) An agency may not take a suspension action of 14 days or less.
(2) This subpart does not apply to actions taken under 5 U.S.C. 1215, 3592, 3595, 7532, or 7515.
(c) Employees covered. This subpart covers the following appointees:
(1) A career appointee—
(i) Who has completed the probationary period in the Senior Executive Service;
(ii) Who is not required to serve a probationary period in the Senior Executive Service; or
(iii) Who was covered under 5 U.S.C. 7511 immediately before appointment to the Senior Executive Service.
(2) A limited term or limited emergency appointee—
(i) Who received the limited appointment without a break in service in the same agency as the one in which the employee held a career or career-conditional appointment (or an appointment of equivalent tenure as determined by the Office of Personnel Management) in a permanent civil service position outside the Senior Executive Service; and
(ii) Who was covered under 5 U.S.C. 7511 immediately before appointment to the Senior Executive Service.
(d) Employees excluded. This subpart does not cover an appointee who is serving as a reemployed annuitant.
[74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65987, Oct. 16, 2020]