Code of Federal Regulations > 5 CFR Administrative Personnel > I Office of Personnel Management > 432 Performance Based Reduction ...

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§432.102 — Coverage

(a)

Actions covered. This part covers reduction in grade and removal of employees based on unacceptable performance.

(b)

Actions excluded. This part does not apply to:

(1)

The reduction in grade of a supervisor or manager who has not completed the probationary period under 5 U.S.C. 3321(a)(2) if such a reduction is based on supervisory or managerial performance and the reduction is to the grade held immediately before becoming a supervisor or manager in accordance with 5 U.S.C. 3321(b);

(2)

The reduction in grade or removal of an employee in the competitive service who is serving a probationary or trial period under an initial appointment;

(3)

The reduction in grade or removal of an employee in the competitive service serving in an appointment that requires no probationary or trial period who has not completed 1 year of current continuous employment in the same or similar position under other than a temporary appointment limited to 1 year or less;

(4)

The reduction in grade or removal of an employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions;

(5)

An action imposed by the Merit Systems Protection Board under the authority of 5 U.S.C. 1206;

(6)

An action taken under 5 U.S.C. 7521 against an administrative law judge;

(7)

An action taken under 5 U.S.C. 7532 in the interest of national security;

(8)

An action taken under a provision of statute, other than one codified in title 5 of the U.S. Code, which excepts the action from the provisions of title 5 of the U.S. Code;

(9)

A removal from the Senior Executive Service to a civil service position outside the Senior Executive Service under part 359 of this chapter;

(10)

A reduction-in-force governed by part 351 of this chapter;

(11)

A voluntary action by the employee;

(12)

A performance-based action taken under part 752 of this chapter;

(13)

An action that terminates a temporary or term promotion and returns the employee to the position from which temporarily promoted, or to a different position of equivalent grade and pay if the agency informed the employee that it was to be of limited duration;

(14)

A termination in accordance with terms specified as conditions of employment at the time the appointment was made; and

(15)

An involuntary retirement because of disability under part 831 of this chapter.

(c)

Agencies covered. This part applies to:

(1)

The executive departments listed at 5 U.S.C. 101;

(2)

The military departments listed at 5 U.S.C. 102;

(3)

Independent establishments in the executive branch as described at 5 U.S.C. 104, except for a Government corporation; and

(4)

The Government Printing Office.

(d)

Agencies excluded. This part does not apply to:

(1)

A Government corporation;

(2)

The Central Intelligence Agency;

(3)

The Defense Intelligence Agency;

(4)

The National Security Agency;

(5)

Any executive agency or unit thereof which is designated by the President and the principal function of which is the conduct of foreign intelligence or counterintelligence activities;

(6)

The General Accounting Office;

(7)

The U.S. Postal Service; and

(8)

The Postal Rate Commission.

(e)

Employees covered. This part applies to individuals employed in or under a covered agency as specified at §432.102(c) except as listed in §432.102(f).

(f)

Employees excluded. This part does not apply to:

(1)

An employee in the competitive service who is serving a probationary or trial period under an initial appointment;

(2)

An employee in the competitive service serving in an appointment that requires no probationary or trial period, who has not completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less;

(3)

An employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions;

(4)

An employee outside the United States who is paid in accordance with local native prevailing wage rates for the area in which employed;

(5)

An individual in the Foreign Service of the United States;

(6)

An employee who holds a position with the Veterans Health Administration which has been excluded from the competitive service by or under a provision of title 38, United States Code, unless such employee was appointed to such a position under section 7401(3) of title 38;

(7)

An administrative law judge appointed under 5 U.S.C. 3105;

(8)

An individual in the Senior Executive Service;

(9)

An individual appointed by the President;

(10)

An employee occupying a position in Schedule C as authorized under part 213 of this chapter;

(11)

A reemployed annuitant;

(12)

A technician in the National Guard described in 5 U.S.C. 8337(h)(1), employed under section 709(b) of title 32;

(13)

An individual occupying a position in the excepted service for which employment is not reasonably expected to exceed 120 calendar days in a consecutive 12 month period; and

(14)

A manager or supervisor returned to his or her previously held grade pursuant to 5 U.S.C. 3321 (a)(2) and (b).

[54 FR 26179, June 21, 1989, as amended at 57 FR 10125, Mar. 24, 1992; 57 FR 20042, May 11, 1992; 58 FR 13192, Mar. 10, 1993; 58 FR 65533, Dec. 15, 1993]

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