[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: 5CFR317.801]

[Page 190-191]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 317--EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE--Table of Contents
 
                 Subpart H--Retention of SES Provisions
 
Sec. 317.801  Retention of SES provisions.


    (a) Coverage. This subpart applies to--
    (1) A career appointee in the SES appointed at any time by the 
President to a civilian position in the executive branch with the advice 
and consent of the Senate at a rate of basic pay which is equal to or 
greater than the rate payable for Executive Level V; or
    (2) A career appointee in the SES who is not covered under paragraph 
(a)(1) of this section and who was appointed on or after November 1, 
1986, to a civilian position in the executive branch which is covered by 
the Executive Schedule, or the rate of basic pay for which is fixed by 
statute at a rate equal to one of the levels of the Executive Schedule.
    (b) Election. (1) At the time of appointment, an appointee covered 
by paragraph (a) of this section may elect to retain some, all, or none 
of the following SES provisions: Basic pay, performance awards, awarding 
of ranks, severance pay, leave, and retirement. That election shall 
remain in effect for no less than one year, unless the appointee leaves 
the position sooner.
    (2) The appointing agency is responsible for advising the appointee 
of the election opportunity. The election decision must be in writing.
    (3) If an appointee elects to retain SES basic pay, the appointee is 
entitled to receive locality-based comparability payments under 5 CFR, 
part 531, subpart F, if such pay is applicable to SES employees in the 
locality pay area, and any applicable special pay adjustment for a law 
enforcement officer under 5 CFR part 531, subpart C, even though the 
appointee may be in

[[Page 191]]

an Executive Schedule position otherwise excluded from such payments.
    (c) Change in election. Except as provided by paragraph (b) of this 
section, a career appointee is permitted to make an election for 
purposes of adding or dropping coverage no more than once during any 
twelve-month period.

[50 FR 6154, Feb. 14, 1985, as amended at 56 FR 15273, Apr. 16, 1991; 57 
FR 54677, Nov. 20, 1992; 60 FR 6386, Feb. 2, 1995]