[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR300.603]

[Page 127-128]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 300--EMPLOYMENT (GENERAL)--Table of Contents
 
                  Subpart F--Time-In-Grade Restrictions
 
Sec. 300.603  Coverage.

    (a) Coverage. This subpart applies to advancement to a General 
Schedule position in the competitive service by any individual who 
within the previous 52 weeks held a General Schedule position under 
nontemporary appointment in the competitive or excepted service in the 
executive branch, unless excluded by paragraph (b) of this section.
    (b) Exclusions. The following actions may be taken without regard to 
this subpart but must be consistent with all other applicable 
requirements, such as qualification standards:
    (1) Appointment based on selection from a competitive examination 
register of eligibles or under a direct hire authority.
    (2) Noncompetitive appointment based on a special authority in law 
or Executive order (but not including transfer and reinstatement) made 
in accordance with all requirements applicable to new appointments under 
that authority.
    (3) Advancement in accordance with part 335 of this chapter up to 
any General Schedule grade the employee previously held under 
nontemporary appointment in the competitive or excepted service.
    (4) Advancement of an employee from a non-General Schedule position 
to a General Schedule position unless the employee held a General 
Schedule position under nontemporary appointment in the executive branch 
within the previous 52 weeks.
    (5) Advancement of an individual whose General Schedule service 
during the previous 52 weeks has been totally under temporary 
appointment.
    (6) Advancement of an employee under a training agreement 
established in accordance with OPM's operating manuals. However, an 
employee may not receive more than two promotions in any 52-week period 
solely on the basis of one or more training agreements. Also, only OPM 
may approve a training agreement that provides for

[[Page 128]]

consecutive promotions at rates that exceed those permitted by 
Sec. 300.604 of this part.
    (7) Advancement to avoid hardship to an agency or inequity to an 
employee in an individual meritorious case but only with the prior 
approval of the agency head or his or her designee. However, an employee 
may not be promoted more than three grades during any 52-week period on 
the basis of this paragraph.
    (8) Advancement when OPM authorizes it to avoid hardship to an 
agency or inequity to an employee in individual meritorious situations 
not defined, but consistent with the definitions, in Sec. 300.602 of 
this part.

[56 FR 23002, May 20, 1991, as amended at 66 FR 66710, Dec. 27, 2001]