[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: 5CFR316.702]

[Page 175]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 316--TEMPORARY AND TERM EMPLOYMENT--Table of Contents
 
    Subpart G--Retention of Incumbents of Positions Brought Into the 
                           Competitive Service
 
Sec. 316.702  Excepted positions brought into the competitive service.

    (a) When the Office, or an agency acting under an agreement with the 
Office, finds that an excepted position has been brought into the 
competitive service by statute, Executive order, or the revocation of an 
exception under Civil Service Rule VI (Sec. 6.6 of this chapter), or is 
otherwise made subject to competitive examination, the agency may retain 
the incumbent of the position.
    (b)(1) When an agency retains an employee under paragraph (a) of 
this section who was serving in an excepted position under an indefinite 
appointment or an appointment without time limit, the agency gives the 
employee a status quo appointment and may convert that employee's 
appointment to career or career-conditional under Sec. 315.701 of this 
chapter.
    (2) When the agency decides not to effect conversion under 
Sec. 315.701 of this chapter, or the employee fails to to qualify for 
conversion, the agency, in its discretion, may retain the employee as a 
status quo employee.
    (c) An employee who was serving under an excepted appointment 
limited to 1 year or less may be retained as a temporary employee under 
paragraph (a) of this section until the scheduled expiration date of the 
employee's excepted appointment. Extension of the employee's temporary 
appointment beyond that date will be subject to the provisions of 
Sec. 316.402.
    (d) An employee who was serving under an excepted appointment with a 
definite time limit longer than 1 year may be retained under a term 
appointment. The term appointment is subject to all conditions and time 
limits applicable to term appointments. Service under excepted 
appointment does not count against the maximum time limit for term 
appointment in the competitive service.

[44 FR 55133, Sept. 25, 1979, as amended at 60 FR 39101, Aug. 1, 1995; 
63 FR 63784, Nov. 17, 1998]