[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR315.603]

[Page 159-160]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 315_CAREER AND CAREER-CONDITIONAL EMPLOYMENT--Table of Contents
 
    Subpart F_Career or Career-Conditional Appointment Under Special 
                               Authorities
 
Sec. 315.603  Appointment based on former incumbency of a position 
brought into the competitive service.

    (a) Agency authority--(1) Employee in military service. An agency 
may appoint a former incumbent of a permanent excepted position who was 
serving under an appointment not limited to 1 year or less, or of a 
position in public or private enterprise when the position was brought 
into the competitive service on a continuing basis and who left his 
position after June 30, 1950, to perform active military service when:
    (i) The position was brought into the competitive service before or 
during

[[Page 160]]

his military service or during the period in which he had restoration 
rights thereto, and he left the position to enter military service 
before the end of the time limits set forth in Sec. 315.701(c);
    (ii) He has been released from military service under honorable 
conditions;
    (iii) The agency submits a recommendation for his appointment to OPM 
within 6 months after release from military service under honorable 
conditions or after hospitalization continuing after release for not 
more than 1 year; and
    (iv) He performed 6 months of satisfactory service immediately 
before the date his position was brought into the competitive service in 
a position or positions brought into the competitive service, or in the 
civilian executive branch of the Government, unless OPM has excepted his 
particular type of case from this requirement.
    (2) Employee separated. An agency may appoint a former incumbent of 
a permanent excepted position under an appointment not limited to 1 year 
or less or of a position in public or private enterprise when the 
position was brought into the competitive service on a continuing basis, 
and who was separated thereafter, when:
    (i) He is recommended for appointment within the time limits set 
forth in Sec. 315.701(c); and
    (ii) He performed 6 months of satisfactory service immediately 
before the date his position, was brought into the competitive service, 
in a position or positions brought into the competitive service or in 
the civilian executive branch of the Government, unless OPM has excepted 
his particular type of case from this requirement.
    (3) Employee recovered from compensable injury. An agency may 
appoint a former incumbent of a permanent excepted position who was 
serving under an appointment not limited to 1 year or less, when the 
position has been brought into the competitive service and when:
    (i) The employee is entitled to restoration based on recovery from 
compensable injury in accordance with 5 U.S.C. 8151 and part 353;
    (ii) The employee's position was brought into the competitive 
service either before the employee's separation for compensable injury 
or during his or her period of statutory restoration rights following 
such injury, and the employee's separation for compensable injury 
occurred before the end of the time limits set forth in Sec. 
315.701(c);
    (iii) The agency initiates the appointment within 6 months after 
cessation of compensation; and
    (iv) The employee performed 6 months of statisfactory service 
immediately before the date his or her position was brought into the 
competitive service in the civilian executive branch of the Government, 
unless OPM has excepted his or her particular type of case from this 
requirement.
    (b) Review of disapproved recommendations. Agencies shall establish 
procedures for reviewing disapprovals of recommendations for appointment 
under this section when such review is requested within 6 months after 
the date of disapproval.
    (c) Tenure on appointment. (1) Except as provided in paragraph 
(c)(2) of this section, a person appointed under paragraph (a) of this 
section becomes a career-conditional employee.
    (2) A person appointed under paragraph (a) of this section becomes a 
career employee when he has completed the service requirement for career 
tenure or is excepted from it by Sec. 315.201(c).
    (d) Acquisition of competitive status. (1) A person appointed under 
paragraph (a)(1) of this section acquires a competitive status 
automatically on appointment.
    (2) A person appointed under paragraph (a)(2) or (a)(3) of this 
section acquires a competitive status automatically on completion of 
probation.

[33 FR 12418, Sept. 4 1968, as amended at 43 FR 34428, Aug. 4, 1978; 54 
FR 37092, Sept. 7, 1989; 66 FR 66710, Dec. 27, 2001]