5 C.F.R. Subpart G—SES Career Appointment by Reinstatement
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 317—EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE
Subpart G—SES Career Appointment by Reinstatement
Source: 54 FR 9759, Mar. 8, 1989, unless otherwise noted.
§ 317.701 Agency authority.
As provided for in §§317.702 and 317.703, an agency may reinstate a former SES career appointee without regard to the merit staffing requirements established by OPM in §317.501(c).
§ 317.702 General reinstatement: SES career appointees.
(a) Eligibility for general reinstatement. A former SES career appointee who meets the following conditions is eligible for reinstatement under this section:
(1) The individual completed an SES probationary period under a previous SES career appointment or was exempted from that requirement; and
(2) The individual's separation from his or her last SES career appointment was not a removal under subpart C of part 359 of this chapter for failure to be recertified as a senior executive; or a removal under subpart E of part 359 of this chapter for less than fully successful executive performance; or under 5 U.S.C. 1207 by order of the Merit Systems Protection Board as a result of a disciplinary action initiated by the Special Counsel under 5 U.S.C. 1206; or under 5 U.S.C. 7532 (National Security); or under subpart F of part 752 of this chapter for misconduct, neglect of duty, or malfeasance; or a resignation after receipt of a notice proposing or directing removal under any of the above conditions. Removal for failure to accept a directed reassignment to another commuting area, or to accompany a position in a transfer of function to another commuting area, does not preclude reinstatement to the SES unless the appointment to the original position included acceptance of a written nationwide mobility agreement or policy.
(b) Applying for reinstatement; time limit. Application for reinstatement under this section shall be made directly to the agency in which SES employment is sought. There is no time limit for reinstatement under this section.
(c) Qualifications. The individual must meet the qualification requirements of the position to which reinstated. The agency makes this determination.
(d) Tenure upon reinstatement. An individual who is reinstated under §317.702 becomes an SES career appointee.
[54 FR 9759, Mar. 8, 1989, as amended at 56 FR 172, Jan. 3, 1991]
§ 317.703 Guaranteed reinstatement: Presidential appointees.
(a) Eligibility for reinstatement. (1) A former SES career appointee who was appointed by the President to a civil service position outside the SES without a break in service, and who left the Presidential appointment for reasons other than misconduct, neglect of duty, or malfeasance, is entitled by law to be reinstated to the SES.
(2) If an individual is serving under a Presidential appointment with reinstatement entitlement and receives another Presidential appointment without a break in service between the two appointments, the individual continues to be entitled to be reinstated to the SES following termination of the second appointment. If there is an interim period between the two Presidential appointments, the individual must be reinstated as an SES career appointee before the effective date of the second appointment to preserve reinstatement entitlement following termination of the second appointment.
(b) Applying for reinstatement; time limit. Except as provided in paragraph (d) of this section, an application in writing for reinstatement under this section must be made to OPM within 90 days after separation from the Presidential appointment. An application may be submitted as soon as the Presidential appointee's resignation is requested or submitted.
(c) Directing reinstatement. (1) To the extent practicable, OPM will direct reinstatement within 45 days of the date of receipt by OPM of the application for reinstatement or the date of separation from the Presidential appointment, whichever is later.
(2) OPM will use the following order of precedence in directing reinstatement of a former Presidential appointee:
(i) The agency in which the individual last served as an SES career appointee before accepting the Presidential appointment;
(ii) The successor agency to the one in which the individual last served as an SES career appointee;
(iii) The agency or agencies in which the individual served as a Presidential appointee; or
(iv) Any other agency in the Executive branch with positions under the SES.
(3) The agency being directed to take the reinstatement action is responsible for assigning the individual to a position for which he or she meets the qualifications requirements.
(4) When directing the reinstatement of a Presidential appointee, OPM may, as appropriate, allocate an additional SES space authority to the agency.
(5) When a Presidential appointee tenders his or her resignation, voluntarily or upon request, the agency in which the Presidential appointment was held, upon approval by OPM, may place the appointee as an interim measure on an SES limited term or limited emergency appointment as appropriate, pending reinstatement, to preclude a break in service after the Presidential appointment has terminated.
(6) To preserve reinstatement rights under this section, an individual who has been serving in a presidential appointment, if selected by the President for another appointment in the same or a new agency, must be reinstated to an appropriate position as an SES career appointee before the effective date of the new Presidential appointment, unless service as a Presidential appointee would be continuous.
(d) Reinstatement following direct negotiations with an agency. (1) A Presidential appointee who qualifies under paragraph (a) of this section may initiate direct negotiations with an agency regarding reinstatement under this section.
(2) An agency may voluntarily reinstate a former Presidential appointee without an order from OPM directing such action.
(3) The agency is responsible for assigning the individual to a position for which he or she meets the qualification requirements.
(4) Direct negotiations with an agency do not extend the time limit stated in paragraph (b) of this section for making application to OPM.
(5) OPM may, when appropriate and upon request by the agency, allocate an additional SES space authority to an agency that voluntarily reinstates a former Presidential appointee under this paragraph.
(6) An individual who is reinstated under this paragraph because of direct negotiations with an agency is not entitled to further assistance by OPM.
(e) Tenure upon reinstatement. (1) An individual reinstated under §317.703 becomes an SES career appointee.
(2) An individual reinstated under §317.703 who was serving an SES probationary period at the time of his or her Presidential appointment is required to complete the 1-year SES probationary period upon reinstatement.
(f) Compliance. (1) An agency must comply with an order to reinstate issued by OPM under this section as promptly as possible, but not more than 30 calendar days from the date of the order.
(2) The agency will notify OPM of a reinstatement action taken under this section within 5 workdays of the effective date of the reinstatement.
(3) An individual who declines a reinstatement ordered by OPM is not entitled to further placement assistance by OPM under this section.
[54 FR 9759, Mar. 8, 1989, as amended at 60 FR 6386, Feb. 2, 1995]
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