[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: 5CFR317.301]

[Page 176-177]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 317--EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE--Table of Contents
 
          Subpart C--Conversion to the Senior Executive Service
 
Sec. 317.301  Conversion coverage.

    Source: 45 FR 8541, Feb. 8, 1980, unless otherwise noted.


    (a) When applicable. These conversion provisions apply in the 
following circumstances.
    (1) The implementation of the Senior Executive Service effective on 
July 13, 1979, and the initial conversions thereto.
    (2) The implementation of the Senior Executive Service in an agency 
following the revocation of that agency's Presidential exclusion under 5 
U.S.C. 3132(e). The Office of Personnel Management shall determine the 
date on which conversions under this authority shall become effective. 
Generally, this will be no later than six months following the effective 
date of the revocation of the Presidential exclusion.
    (3) The implementation of the Senior Executive Service in a formerly 
excluded agency following statutory action extending coverage under 5 
U.S.C. 3132(a)(1) to that agency. Except as otherwise provided by law, 
the Office of Personnel Management shall determine the date on which 
conversions

[[Page 177]]

under this authority shall become effective. Generally, this will be no 
later than six months following the effective date of the statutory 
action extending coverage under 5 U.S.C. 3132(a)(1).
    (4) The implementation of the SES in a formerly excluded agency when 
OPM determines that the agency is an ``Executive agency'' under 5 U.S.C. 
3132(a)(1).
    (5) The exercise of a reemployment right by an individual who at the 
time of his/her former agency's implementation of the Senior Executive 
Service was under a reemployment agreement to a position in that agency 
which meets the grade level and functional criteria for inclusion under 
the Senior Executive Service. The effective date of a conversion under 
this authority is prescribed by Sec. 317.302(d)(5).
    (b) Employees covered. This subpart covers:
    (1) An employee serving in a position at the time it is designated a 
Senior Executive Service position;
    (2) An individual appointed or reinstated to a position after it has 
been designated a Senior Executive Service position;
    (3) An employee transferred, promoted, voluntarily reassigned or 
voluntarily demoted to a position after it has been designated a Senior 
Executive Service position;
    (4) An employee involuntarily reassigned or involuntarily demoted to 
a position after it has been designated a Senior Executive Service 
position; and
    (5) An employee serving in a position which meets the grade level 
but not the functional criteria for designation as a Senior Executive 
Service position.
    (6) An employee appointed in his/her former agency under a 
reemployment right provided, however, that the employee was under a 
reemployment agreement at the time the Senior Executive Service was 
implemented in his/her former agency and that the reemployment right was 
to a position which meets the grade level and functional criteria for 
inclusion under the Senior Executive Service.
    (c) Employees excluded. The following employees are excluded from 
coverage of this subpart and are not entitled to conversion to the 
Senior Executive Service.
    (1) An employee in a position designated as Senior Executive Service 
who is serving under a time limited appointment which will terminate 
before the operational date of the Senior Executive Service.
    (2) An employee serving under a temporary promotion, detail, or 
temporary assignment in a position designated as Senior Executive 
Service unless the position which the employee encumbered on a permanent 
basis just prior to the current temporary action has been designated as 
Senior Executive Service.

[45 FR 8541, Feb. 8, 1980, as amended at 60 FR 6385, Feb. 2, 1995]