5 C.F.R. § 2.2

Appointments

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(a) OPM shall establish and administer a career-conditional appointment system for positions subject to competitive examinations which will permit adjustment of the career service to necessary fluctuations in Federal employment, and provide an equitable and orderly system for stabilizing the Federal work force. A competitive status shall be acquired by a career-conditional appointee upon satisfactory completion of a probationary period, but the appointee shall have career-conditional tenure for a period of service to be prescribed by regulation of OPM. When an employee has completed the required period of service his appointment shall be converted to a career appointment without time limitation: Provided, That his career-conditional appointment shall not be converted to a career appointment if the limitation on the number of permanent employees in the Federal civil service established under paragraph (b) of this section would be exceeded thereby. Persons selected from competitive civil service registers for other than temporary appointment shall be given career-conditional appointments: Provided, That career appointments shall be given to the following classes of eligibles:

(1) Persons whose appointments are required by statute to be made on a permanent basis;

(2) Employees serving under career appointments at the time of selection from such registers;

(3) Former employees who have eligibility for career appointments upon reinstatement; and

(4) To the extent permitted by law, persons appointed to positions in the field service of the U.S. Postal Service for which salary rates are fixed by the act of July 6, 1945, 59 Stat. 435, as heretofore or hereafter amended and supplemented.

(b) Under the career-conditional appointment system there shall be a limit on the number of permanent employees in the Federal civil service which shall be the ceiling established by section 1310 of the Supplemental Appropriation Act, 1952 (65 Stat. 757), as amended. In the event section 1310, supra, is repealed, OPM is authorized to fix such limitation on the number of permanent employees in the Federal civil service as it finds necessary to meet the needs of the service.

(c) OPM may determine the types, duration, and conditions of indefinite and temporary appointments, and may prescribe the method for replacing persons holding such appointments.

Notes of Decisions

Cited in 4 cases, 1978–2013 · leading case: Joyce A.H. KEYES, Plaintiff, Appellant, v. Sec'y OF THE NAVY, Et Al., Defendants, Appellees, 853 F.2d 1016 (1st Cir. 1988).

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Joyce A.H. KEYES, Plaintiff, Appellant, v. Sec'y OF THE NAVY, Et Al., Defendants, Appellees, 853 F.2d 1016 (1st Cir. 1988). “” 5 C.F.R. § 2.2 (1987). The FPM describes the OPM’s role succinctly: As the Government’s central personnel agency, the OPM has primary responsibility for the maintenance of an effective Federal work force and the operation of the merit system.”

Sandra Charnetski v. United States, 111 Fed. Cl. 185 (Fed. Cl. 2013). “See also 5 C.F.R. § 2.2 (2003) (describing how appointments are made in the competitive service).”

James B. King, Dir., Off. of Pers. Mgmt. v. Merit Sys. Prot. Bd., 105 F.3d 635 (Fed. Cir. 1997). “5 C.F.R. § 2.2 (1993); see Hill v. United States, 571 F.”

Hill v. United States, 571 F.2d 1098 (9th Cir. 1978). “' A government employee enjoying career-conditional status is automatically given a “career appointment without time limitation," 5 C.F.R. § 2.2 (1977), at the successful conclusion of a probationary period, provided a ceiling on the total number of permanent employees in the…”

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