{"data":{"id":"us/5-cfr-359.405","jurisdiction":"us","citation":"5 CFR 359.405","heading":"Removal: Reduction in force.","body":"(a) Coverage. This section covers the removal of a career appointee from the SES during the probationary period under a reduction in force.\n(b) Basis for action. The appointee must have been identified for removal from the SES under competitive procedures established by the agency in accordance with the requirements of 5 U.S.C. 3595(a). Removal action shall be taken under 5 U.S.C. 3592(a).\n(c) Procedures. The agency shall notify the appointee in writing before the effective date of the action. The notice shall state, as a minimum—\n(1) Whether the appointee has placement rights under § 359.701 to a position outside the SES and, if so, the position to which the appointee will be assigned;\n(2) The effective date of the action;\n(3) The appointee's appeal rights, including the time limit for appeal and the location of the Merit System Protection Board office to which an appeal should be sent; and\n(4) Such other information as may be required by OPM.","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 359—REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS","Subpart D—Removal of Career Appointees During Probation"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-5.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:23:53Z","sha256":"505eb7a45b94126edfc28431fe37d601b44eb76b8dc8b03da93aabc3f3dcecea","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-359.404","next":"us/5-cfr-359.406"},"notice":"GroundRules: Original legal text. Not legal advice."}