5 C.F.R. § 335.104
Eligibility for career ladder promotion
No employee shall receive a career ladder promotion unless his or her current rating of record under part 430 of this chapter is “Fully Successful” (level 3) or higher. In addition, no employee may receive a career ladder promotion who has a rating below “Fully Successful” on a critical element that is also critical to performance at the next higher grade of the career ladder.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2022–2025 · leading case: Robinson v. Ahuja (N.D. Cal. 2022).
Robinson v. Ahuja (N.D. Cal. 2022). “10 11 5 C.F.R. § 335.104 ; (see Dkt. No. 56-2 at 7–8, 10; Dkt.”
Delton York v. Ezell (5th Cir. 2025). “The criteria for such promotions are set by 5 C.F.R. § 335.104 and the OPM Human Resources Handbook (“Handbook”).”
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