[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: 5CFR317.305]

[Page 184]
 
                    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. 317.305  Conversion of excepted appointees.

    (a) Coverage. This section covers employees serving under an 
excepted appointment in a position:
    (1) In Schedule C of subpart C of part 213 of title 5, Code of 
Federal Regulations;
    (2) Filled by noncareer executive assignment under subpart F of part 
305 of title 5, Code of Federal Regulations;
    (3) In the Executive Schedule under subchapter II of chapter 53 of 
title 5, United States Code, other than a career Executive Schedule 
position; or,
    (4) Filled under an authority equivalent to paragraph (a) (1), (2), 
or (3) of this section.
    (b) Senior Executive Service appointment. An employee covered by 
this section shall be subject to one of the following actions.
    (1) If the employee's position is designated a ``general'' position, 
the agency may convert the employee to a Senior Executive Service 
noncareer appointment. The employee may be assigned only to a 
``general'' position.
    (2) If the employee's position is designated a ``career reserved'' 
position, the agency may convert the employee to a Senior Executive 
Service noncareer appointment and assign the employee to a ``general'' 
position. The employee cannot remain in a ``career reserved'' position.
    (3) If the employee subject to Sec. 317.302(a) or Sec. 317.302(d) 
has reinstatement eligibility to a position in the competitive service, 
or, as determined by the Office of Personnel Management, had substantial 
career-oriented service under a career-type appointment as defined in 
Sec. 317.304(a)(2), the employee may request conversion to a career 
appointment. Such request must be made on or before the end of the 
notice period.
    (i) If the request is approved by the Office, the agency will 
convert the employee to a Senior Executive Service career appointment. 
The employee may be assigned to a ``general'' or a ``career reserved'' 
position. The name of the individual and basis for approving the request 
must be published in the Federal Register.
    (ii) If the employee's request for conversion to career is not 
approved by the Office, or if the employee elects not to make such a 
request, the agency will convert the employee to a Senior Executive 
Service noncareer appointment. The employee may be assigned only to a 
``general'' position.
    (4) In lieu of action under paragraph (b) (1), (2), or (3) of this 
section, the agency may separate the employee from the civil service.