C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 351—REDUCTION IN FORCE › Subpart E—Retention Standing

5 C.F.R. § 351.502

Order of retention—excepted service

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(a) Competing employees shall be classified on a retention register in tenure groups on the basis of their tenure of employment, veteran preference, length of service, and performance in descending order as set forth under § 351.501(a) for competing employees in the competitive service.

(b) Groups are defined as follows:

(1) Group I includes each permanent employee whose appointment carries no restriction or condition such as conditional, indefinite, specific time limit, or trial period.

(2) Group II includes each employee:

(i) Serving a trial period; or

(ii) Whose tenure is equivalent to a career-conditional appointment in the competitive service in agencies having such excepted appointments.

(3) Group III includes each employee:

(i) Whose tenure is indefinite (i.e., without specific time limit), but not actually or potentially permanent;

(ii) Whose appointment has a specific time limitation of more than 1 year; or

(iii) Who is currently employed under a temporary appointment limited to 1 year or less, but who has completed 1 year of current continuous service under a temporary appointment with no break in service of 1 workday or more.

[60 FR 3063, Jan. 13, 1995]
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1970–2024 · leading case: Ardith M. Horne v. Merit Sys. Prot. Bd. & Interstate Com. Comm'n, 684 F.2d 155 (D.C. Cir. 1982).
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Ardith M. Horne v. Merit Sys. Prot. Bd. & Interstate Com. Comm'n, 684 F.2d 155 (D.C. Cir. 1982). “5 (D.C.Cir. 1982). Most significantly, excepted employees lack reassignment rights and can only compete for retention with other excepted employees.”
Hondros v. United States Civil Serv. Comm'n, 720 F.2d 278 (3rd Cir. 1983). “5 C.F.R. § 351.502 (1983). The conditions under which an employee may be released under these rules are limited to releases required: because of lack of work, shortage of funds, reorganization, reclassification, due to change in duties, or the exercise of reemployment rights or…”
Mescalero Apache Tribe v. Hickel, 432 F.2d 956 (10th Cir. 1970). “is required to classify according to tenure employees in 'excepted' service, 5 C.F.R. 351.502, to which Indian appointees in B.”
Mescalero Apache Tribe v. Hickel, 432 F.2d 956 (10th Cir. 1970). “is required to classify according to tenure employees in “excepted” service, 5 C.F.R. § 351.502 , to which Indian appointees in B.”
Abasta v. Off. of Pers. Mgmt., 26 F. App'x 952 (Fed. Cir. 2002). · cites it 2× “Citing 5 C.F.R. § 351.502 , Abasta also argues that his tenure group status when his position was converted, i.”
Lynda Resumadero v. Off. of Pers. Mgmt. (MSPB 2024). “IAF, Tab 11 at 16-17, 20; see 5 C.F.R. § 351.502 . However, despite an indication on an individual’s SF-50 that his temporary appointment was converted into an appointment without limitation, the U.”
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