C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 317—EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE › Subpart I—Reassignments, Transfers, and Details

5 C.F.R. § 317.904

Change in type of SES appointment

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An agency may not require a career SES appointee to accept a noncareer or limited SES appointment as a condition of appointment to another SES position. If a career appointee elects to accept a noncareer or limited appointment, the voluntary nature of the action must be documented in writing before the effective date of the new appointment. A copy of such documentation must be retained permanently in the appointee's Official Personnel Folder.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Donald LaVoy v. Dep't of Agric. (MSPB 2024).
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Donald LaVoy v. Dep't of Agric. (MSPB 2024). · cites it 2× “To this end, 5 C.F.R. § 317.904 , which is entitled “Change in type of SES appointment,” provides as follows: “[a]n agency may not require a career SES appointee to accept a noncareer or limited SES appointment as a condition of appointment to another SES position.”
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