5 C.F.R. § 359.501 General.
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 359—REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS
Subpart E—Removal of Career Appointees for Less Than Fully Successful Executive Performance
§ 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.
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