{"data":{"id":"us/5-cfr-359.501","jurisdiction":"us","citation":"5 CFR 359.501","heading":"General.","body":"(a) Coverage. (1) This subpart covers—\n(i) A career appointee who has completed the probationary period in the SES; and\n(ii) A career appointee who is not required to serve a probationary period in the SES.\n(2) This subpart does not cover, however, a career appointee who is serving as a reemployed annuitant. See subpart I of this part for removal of a reemployed annuitant.\n(b) Definitions—(1) Final rating means the rating of record made by an appointing authority under the SES performance appraisal system in accordance with the requirements of 5 U.S.C. 4314(c)(3) and part 430, subpart C, of this chapter.\n(2) A less than fully successful final rating means a rating of unsatisfactory or minimally satisfactory.\n(c) Optional removal from the SES. The agency may remove a career appointee from the SES after the appointee has been given one final rating of unsatisfactory.\n(d) Mandatory removal from the SES. The agency must remove a career appointee from the SES after—\n(1) The appointee has been given two final ratings of unsatisfactory within 5 consecutive years; or\n(2) The appointee has been given two final ratings of less than fully successful within 3 consecutive years.","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 E—Removal of Career Appointees for Less Than Fully Successful Executive Performance"],"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":"b5a33d2e566fb0a9d1ec5bef873a7a2a2634c5b91463617d622a99c5e3126e73","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-359.407","next":"us/5-cfr-359.502"},"notice":"GroundRules: Original legal text. Not legal advice."}