Page:United States Statutes at Large Volume 92 Part 1.djvu/1229

 PUBLIC LAW 9 5 - 4 5 4 ^ 0 C T. 13, 1978

92 STAT. 1175

action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee aJffected upon the employee's request.", RETIREMENT

SEC. 412. (a) Section 8336 of title 5, United States Code, is amended by redesignating subsection (h) as subsection (i) and inserting immediately after subsection (g) the following new subsection: "(h) A member of the Senior Executive Service who is removed from the Senior Executive Service for less than fully successful executive performance (as determined under subchapter II of chapter 43 of this title) after completing 25 years of service or after becoming Ante, p. 1167. 50 years of age and completing 20 years of service is entitled to an annuity.". (b) Section 8339(h) of title 5, United States Code, is amended by striking out "section 8336(d)" and inserting in lieu thereof "section 8336 (d) or (h)". ^ CONVERSION TO THE SENIOR EXECUTIVE SERVICE

SEC. 413. (a) For the purpose of this section, "agency", "Senior Executive Service position", "career appointee", "career reserved position"j "limited term appointee", "noncareer appointee", and "general position" have the meanings set forth in section 3132(a) of title 5, United States Code (as added by this title), and "Senior Executive Service" has the meaning set forth in section 2101a of such title 5 (as added by this title). (b)(1) Under the guidance of the Office of Personnel Management, each agency shall— (A) designate those positions which it considers should be Senior Executive Service positions and designate which of those positions it considers should be career reserved positions; and (B) submit to the Office a written request for— (i) a specific number of Senior Executive Service positions,'and (ii) authority to employ a specific number of noncareer appointees. (2) The Office of Personnel Management shall review the designations and requests of each agency under paragraph (1) of this subsection, and shall establish interim authorizations in accordance with sections 3133 and 3134 of title 5, United States Code (as added by this Act), and shall publish the titles of the authorized positions in the Federal Register. (c)(1) Each employee serving in a position at the time it is designated as a Senior Executive Service position under subsection (b) of this section shall elect to— (A) decline conversion and be appointed to a position under such employee's current type of appointment and pay system, retaining the grade, seniority, and other rights and benefits associated with such type of appointment and pay system; or (B) accept conversion and be appointed to a Senior Executive Service position in accordance with the provisions of subsections (d), (e), (f), (g), and (h) of this section. The appointment of an employee in an agency because of an election

5 USC 3133 note.

Ante, p. 1155. Ante, p. 1154.

Publication in Federal Register, Ante, pp. 1158, ^1^^-

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