Page:United States Statutes at Large Volume 92 Part 1.djvu/1220

 92 STAT. 1166

PUBLIC LAW 95-454—OCT. 13, 1978

" (B) within 120 days after the appointment in the agency of the career appointee's most immediate supervisor who— " (i) is a noncareer appointee; and " (ii) has the authority to remove the career appointee. "(2) Paragraph (1) of this subsection does not apply with respect to— Post, p. 1169. "(A) any removal under section 4314(b)(3) of this title; or "(B) any disciplinary action initiated before an appointment referred to m paragraph (1) of this subsection. "(c) A limited emergency appointee, limited term appointee, or noncareer appointee may be removed from the service at any time. "§ 3593. Reinstatement in the Senior Executive Service "(a) A former career appointee may be reinstated, without regard Ante, p. 1161. to section 3393(b) and (c) of this title, to any Senior Executive Service position for which the appointee is qualified if— " (1) the appointee has successfully completed the probationary period established under section 3393(d) of this title; and "(2) the appointee left the Senior Executive Service for reasons other than misconduct, neglect of duty, malfeasance, or less than fully successful executive performance as determined under Post, p. 1167. subchapter II of chapter 43 of this title. "(b) A career appointee who is appointed by the President to any civil service position outside the Senior Executive Service and who leaves the position for reasons other than misconduct, neglect of duty, or malfeasance shall be entitled to be placed in the Senior Executive Service if the appointee applies to the Office of Personnel Management within 90 days after separation from the Presidential appointment. 5 USC 3594. "§ 3594. Guaranteed placement in other personnel systems "(a) A career appointee who was appointed from a civil service position held under a career or career-conditional appointment (or an appointment of equivalent tenure, as determined by the Office of Personnel Management) and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from the Senior Executive Service during the probationary period under section 3393(d) of this title, shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency. "(b) A career appointee— [dli q V'i. "(1) who has completed the probationary period under section 3393(d) of this title; and " (2) who is removed from the Senior Executive Service for less 7^''}U. i. *vA than fully successful executive performance as determined under subchapter II of chapter 43 of this title; shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency. "(c)(1) For purposes of subsections (a) and (b) of this section— "(A) the position in which any career appointee is placed under such subsections shall be a continuing position at GS-15 or above 5 USC 5332 note. of the General Schedule, or an equivalent position, and, in the case of a career appointee referred to in subsection (a) of this section, the career appointee shall be entitled to an appointment of a tenure equivalent to the tenure of the appointment held in the position from which the career appointee was appointed;

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