§ 3595. Reduction in force in the Senior Executive Service
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(a)An agency shall establish competitive procedures for determining who shall be removed from the Senior Executive Service in any reduction in force of career appointees within that agency. The competitive procedures shall be designed to assure that such determinations are primarily on the basis of performance, as determined under subchapter II of chapter 43 of this title.
(1)This subsection applies to any career appointee who has successfully completed the probationary period prescribed under section 3393(d) of this title.
(2)Except as provided in paragraphs
(4)and (5), a career appointee may not be removed from the Senior Executive Service due to a reduction in force within an agency.
(3)A career appointee who, but for this subsection, would be removed from the Senior Executive Service due to a reduction in force within an agency—
(A)is entitled to be assigned by the head of that agency to a vacant Senior Executive Service position for which the career appointee is qualified; or
(B)if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position.
The Office of Personnel Management shall take all reasonable steps to place a career appointee under subparagraph
(B)and may require any agency to take any action which the Office considers necessary to carry out any such placement.
(4)A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee declines a reasonable offer for placement in a Senior Executive Service position under paragraph (3)(B).
(5)A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee is not placed in another Senior Executive Service position under paragraph (3)(B) within 45 days after the Office receives certification regarding that appointee under paragraph (3)(B).
(c)A career appointee is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title whether the reduction in force complies with the competitive procedures required under subsection (a).
(d)For purposes of this section, “reduction in force” includes the elimination or modification of a position due to a reorganization, due to a lack of funds or curtailment of work, or due to any other factor.
(e)The Office shall prescribe regulations under which the rights accorded to a career appointee in the event of a transfer of function are comparable to the rights accorded to a competing employee under section 3503 of this title in the event of such a transfer.
(Added Pub. L. 97–35, title XVII, § 1704(a)(1), Aug. 13, 1981, 95 Stat. 756; amended Pub. L. 97–346, § 5(a), (b), Oct. 15, 1982, 96 Stat. 1650; Pub. L. 98–615, title III, §§ 303(c), (d), 304(b), Nov. 8, 1984, 98 Stat. 3218, 3219.)
Connections29 cite this · traces to 6
Cited by 29 sections · top 21
U.S. Code
- § 8351Participation in the Thrift Savings Plan
- § 3393Career appointments
- § 8433Benefits and election of benefits
- § 8435Protections for spouses and former spouses
- § 3594Guaranteed placement in other personnel systems
- § 3595Reduction in force in the Senior Executive Service
- § 732Personnel management system
- § 7543Cause and procedure
- § 7542Actions covered
- § 3593Reinstatement in the Senior Executive Service
- § 7237Priority placement, job placement, retraining, and counseling programs for United States Department of Energy employees affected by reduction in force
- § 1610Reductions and other adjustments in force
statutes-at-large
- Public Law 98–615To provide retirement equity for former spouses of civil service retirees, and for other purposes
- Public Law 97–35To provide for reconciliation pursuant to section 301 of the first concurrent resolution on the budget for the fiscal year 1982
- Public Law 97–346To amend title 5, United States Code, to provide training opportunities for employees under the Office of the Architect of the Capitol and the Botanic Garden, and for other purposes
- Public Law 95–454To reform the civil service laws
21 references not yet in our index
- Pub. L. 97–35, title XVII, § 1704(a)(1)
- 95 Stat. 756
- Pub. L. 97–346, § 5(a)
- 96 Stat. 1650
- Pub. L. 98–615, title III
- 98 Stat. 3218
- Pub. L. 95–454, title IV, § 404(b)
- 92 Stat. 1167
- Pub. L. 98–615, § 303(c)(1)
- Pub. L. 98–615, § 303(c)(2)
- Pub. L. 98–615, § 303(d)
- Pub. L. 98–615, § 304(b)
- Pub. L. 97–346, § 5(b)
- Pub. L. 98–615
- section 304(b) of Pub. L. 98–615
- section 307 of Pub. L. 98–615
- Pub. L. 97–346, § 5(c)
- Pub. L. 97–35, title XVII, § 1704(e)
- 95 Stat. 758
- Pub. L. 95–454, title IV
- 92 Stat. 1154
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cites case law
§ 3595
Reduction in force in the Senior Executive Service
U.S.C.×18
Stat.×6
Fed. Reg.×5
Pub. L.Pub. L. 97–35, title XVII, § 1704(a)(1)
Stat.95 Stat. 756
Pub. L.Pub. L. 97–346, § 5(a)
Stat.96 Stat. 1650
Pub. L.Pub. L. 98–615, title III
Cites 27 · showing 11Cited by 29 across 3 sources