{"data":{"id":"us/5-cfr-359.503","jurisdiction":"us","citation":"5 CFR 359.503","heading":"Restrictions.","body":"(a) Removal from the SES under this subpart may not be made effective within 120 days after—\n(1) The appointment of a new agency head; or\n(2) The appointment in the agency of the career appointee's most immediate supervisor who—\n(i) Is a noncareer appointee; and\n(ii) Has the authority to remove the career appointee.\n(b) For purposes of this section, a noncareer appointee includes an SES noncareer or limited appointee, an appointee in a position filled by Schedule C, or an appointee in an Executive Schedule or equivalent position other than a career Executive Schedule or equivalent position.\n(c) This restriction does not apply when the career appointee has received a final rating of unsatisfactory under the performance appraisal system established by the agency under subchapter II of chapter 43 of title 5, United States Code, before the appointment of a new agency head or the appointment of the career appointee's most immediate noncareer supervisor who has the authority to remove the career appointee.","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":"5224f4cf5862978746890580e297978dc7d3c5f28cc17707166188714f988c3f","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-359.502","next":"us/5-cfr-359.504"},"notice":"GroundRules: Original legal text. Not legal advice."}