(a)-(i) [Reserved]
(j) Special executive development positions established in connection with Senior Executive Service candidate development programs which have been approved by OPM. A Federal agency may make new appointments under this authority for any period of employment not exceeding 3 years for one individual.
(k)-(l) [Reserved]
(m) Positions when filed under any of the following conditions:
(1) Appointment at grades GS-15 and above, or equivalent, in the same or a different agency without a break in service from a career appointment in the Senior Executive Service (SES) of an individual who:
(i) Has completed the SES probationary period;
(ii) Has been removed from the SES because of less than fully successful executive performance, failure to be recertified, or a reduction in force; and
(iii) Is entitled to be placed in another civil service position under 5 U.S.C. 3594(b).
(2) Appointment in a different agency without a break in service of an individual originally appointed under paragraph (m)(l).
(3) Reassignment, promotion, or demotion within the same agency of an individual appointed under this authority.
(n) Positions when filled by preference eligibles or veterans who have been separated from the armed forces under honorable conditions after 3 years or more of continuous active military service and who, in accordance with the provisions of Pub.L. 105-339, applied for these positions under merit promotion procedures when applications were being accepted from individuals outside its own workforce. These veterans may be promoted, demoted, or reassigned, as appropriate, to other positions within the agency but would remain employed under this excepted authority as long as there is no break in service. No new appointments may be made under this authority after November 30, 1999.
(o) [Reserved]
[47 FR 28904, July 2, 1982]
Editorial Note:For Federal Register citations affecting § 213.3202, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1987–2024 · leading case:
Gingery v. Dep't of Def., 550 F.3d 1347 (Fed. Cir. 2008).
Gingery v. Dep't of Def., 550 F.3d 1347 (Fed. Cir. 2008).
· cites it 2× “Pursuant to the Executive Order, OPM promulgated 5 C.F.R. § 213.3202 (o). See 70 Fed.Reg. 44,219 (Aug.”
Little v. United States, 124 Fed. Cl. 256 (Fed. Cl. 2015).
· cites it 3× “See 5 C.F.R. § 213.3202 (o)(l) (effective May 11, 2006 to July 9, 2012).”
Dawson v. United States, 116 Fed. Cl. 664 (Fed. Cl. 2014).
· cites it 8× “26, 1977); 5 C.F.R. § 213.3202 (2012). SEEP included two tracks by which students could be employed.”
Rocha v. Merit Sys. Prot. Bd., 688 F.3d 1307 (Fed. Cir. 2012).
“When Rocha’s appointment expired in July 2010, the State Department had the option of converting his position to the competitive service.”
Nat'l Treasury Employees Union v. Whipple, 636 F. Supp. 2d 63 (D.D.C. 2009).
“) See also 5 C.F.R. § 213.3202 (o )(2006). The regulation allowed agencies “unfettered discretion to use FCIP authority to fill vacancies in virtually any position, even those for which it is practicable to hold a competitive examination.”
Joseph v. Napolitano, 839 F. Supp. 2d 1324 (S.D. Fla. 2012).
“Thus, you will not converted to a term, career, or career-conditional appointment as per 5 CFR 213.3202 and DHS Student Employment and Intern Program Policy.”
Nat'l Treasury Employees Union v. Horner, 654 F. Supp. 1159 (D.D.C. 1987).
· cites it 2× “Whatever additional requirements may be imposed by federal civil rights laws such as Title VII, or by the Consent Decree, is not for this court to say in this case. 5 Accordingly, the court will order defendants to implement, within six months from the date of this Order, a…”
Abdallah v. Napolitano, 909 F. Supp. 2d 196 (W.D.N.Y. 2012).
“5 C.F.R. § 213.3202 (o )(9) (effective May 11, 2006 to July 9, 2012).”
Lee v. Merit Sys. Prot. Bd., 857 F.3d 874 (Fed. Cir. 2017).
“5 C.F.R. § 213.3202 (o) (2006). Ms. Lee does not focus on this regulation, but argues that the Board erred by ignoring Executive Order No.”
David L. Whalen v. Off. of Pers. Mgmt., 959 F.2d 924 (Fed. Cir. 1992).
“The Board observed that co-op students receive specified excepted civil service appointments pursuant to 5 C.F.R. § 213.3202 , and that no corresponding provision exists for USMMA cadet-midshipmen.”
Dawson v. United States (Fed. Cl. 2014).
· cites it 8× “26, 1977); 5 C.F.R. § 213.3202 (2012). SEEP included two tracks by which students could be employed.”
Lee v. Dep't of Agric., 200 F. App'x 993 (Fed. Cir. 2006).
· cites it 5× “The appointments were pursuant to the provisions of 5 C.F.R. § 213.3202 (b). It was a condition of the appointments that petitioners be students in an accredited degree-producing educational institution.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.