[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: 5CFR317.306]

[Page 184-185]
 
                    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. 317.306  Conversion of employees under time limited appointments.

    (a) Coverage. This section covers employees serving under:
    (1) A limited executive assignment under subpart E of part 305 of 
title 5, Code of Federal Regulations; or
    (2) A similar type of time limited appointment in an excepted 
service position.
    (b) Senior Executive Service appointment. An employee covered by 
this section shall be subject to one of the following actions.
    (1) If the position in which the employee is serving under a limited 
executive assignment or similar type of time limited appointment will 
terminate within three years from the date of the proposed conversion 
action, the agency may convert the employee to a Senior Executive 
Service limited term appointment.
    (2) If the position in which the employee is serving under a limited 
executive assignment or similar type of time limited appointment will 
not terminate within three years from the date of the proposed 
conversion action, the agency may convert the employee to a Senior 
Executive Service noncareer appointment and assign the employee to a 
``general'' position.
    (3) If the employee under a limited executive assignment 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), and if immediately prior to the limited executive 
assignment and without a break in service the employee served under a 
career appointment or career-type appointment in a position now being 
designated a Senior Executive Service position then the employee may 
request

[[Page 185]]

conversion to a career appointment. Such request must be made on or 
before the end of the notice period.
    (i) If the employee requests conversion to career, 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 does not request conversion to career, the 
agency will convert the employee as provided for in paragraphs (b) (1) 
and (2) of this section.
    (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.