(a) An appointee covered by this subpart is entitled to be placed in a vacant civil service position (other than an SES position) in any agency that is —   (1) A continuing position at GS-15 or above, or equivalent, that will last at least three months; and   (2) A position for which the appointee meets the qualifications requirements.

(b) A probationary appointee, or a nonprobationary appointee who at the time of appointment to the SES held a career or career-conditional appointment (or an appointment of equivalent tenure, as defined in §359.701(a)), is entitled to be placed in a position of tenure equivalent to that of the appointment held at the time of appointment to the SES. This tenure requirement does not apply —   (1) If the agency taking the removal action does not have a position of equivalent tenure for which the appointee meets the qualifications requirements; or   (2) If the appointee is willing to accept a position having a different tenure.