5 C.F.R. § 351.502 Order of retention—excepted service.
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 351—REDUCTION IN FORCE
Subpart E—Retention Standing
§ 351.502 Order of retention—excepted service.
(a) Competing employees shall be classified on a retention register in tenure groups on the basis of their tenure of employment, veteran preference, length of service, and performance in descending order as set forth under §351.501(a) for competing employees in the competitive service.
(b) Groups are defined as follows:
(1) Group I includes each permanent employee whose appointment carries no restriction or condition such as conditional, indefinite, specific time limit, or trial period.
(2) Group II includes each employee:
(i) Serving a trial period; or
(ii) Whose tenure is equivalent to a career-conditional appointment in the competitive service in agencies having such excepted appointments.
(3) Group III includes each employee:
(i) Whose tenure is indefinite (i.e., without specific time limit), but not actually or potentially permanent;
(ii) Whose appointment has a specific time limitation of more than 1 year; or
(iii) Who is currently employed under a temporary appointment limited to 1 year or less, but who has completed 1 year of current continuous service under a temporary appointment with no break in service of 1 workday or more.
[60 FR 3063, Jan. 13, 1995]
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