§ 315.909 Relationship to other actions.

(a) If an employee is required to concurrently serve both a probationary period under this subpart and a probationary period under Subpart H of this part, the latter takes precedence and completion of the probationary period for competitive appointment and fulfills the requirements of this subpart.

(b) An action which demotes an employee to a lower grade than the one the employee left to accept the supervisory or managerial position, and an action against an employee for reasons other than supervisory or managerial performance, is governed by Part 432 or Part 752 procedures, whichever is applicable. If the employee believes an action under this subpart was based on improper discrimination or other prohibited practices under 5 U.S.C. 2302, he or she may appeal to the Merit Systems Protection Board or the Equal Employment Opportunity Commission, as appropriate.

Subpart G-Retention of Incumbents of Positions Brought into the Competitive Service

Sec.

316.701 Public or private enterprise taken over by Government.

316.702 Excepted positions brought into the competitive service. 316.703 Effect on tenure of position change of status quo employees.

Subpart H-Separation of Temporary and Term Employees

316.801 Displacement of temporary and term employees.

AUTHORITY: 5 US.C. 3301, 3302; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218, unless otherwise noted.

SOURCE: 33 FR 12423, Sept. 4, 1968, unless otherwise noted.

Subpart A-[Reserved]

Subpart B-TAPER Employment

§ 316.201 Purpose and duration.

OPM may authorize an agency to fill a vacancy by a temporary appointment pending establishment of a register (TAPER appointment) when there are insufficient eligibles on a register appropriate for filling the vacancy in a position that will last for a period of more than 1 year and the public interest requires that the vacancy be filled before eligibles can be certified.

[38 FR 15617, June 14, 1973]

§ 316.202 Eligibility of TAPER employees for within-grade increases.

A TAPER employee serving in a position subject to the General Schedule is eligible for within-grade increases in accordance with Subpart D of Part 531 of this chapter.

Subpart C-Term Employment

§ 316.301 Purpose and duration.

An agency may make a term appointment for a period of more than 1 year, in accordance with conditions published in the Federal Personnel Manual, when the needs of the service so require and the employment need is for a limited period of 4 years or less. [43 FR 34429, Aug. 4, 1978]

§ 316.302 Selection of term employees.

(a) Except as provided in paragraphs (b) and (c) of this section, when making a term appointment an agency shall select an eligible from a register.

(b) The Office may authorize an agency to make term appointments outside a register when there are insufficient eligibles on the appropriate register.

(c) An agency may give a term appointment without regard to the existence of an appropriate register to:

(1) A person with eligibility for reinstatement;

(2) A veteran, as defined in section 2011(2)(A) of title 38, United States Code, who:

(i) Served on active duty in the Armed Forces of the United States between August 5, 1964 and May 7, 1975;

(ii) Completed no more than 14 years of education, unless compensably disabled or discharged because of service-connected disabilities, in which case the 14-year educational requirement does not apply; and

(iii) Is qualified to perform the duties of the position. An appointment under this paragraph may be made only to a position at GS-7 or below, or equivalent in another pay system, without time limitation after separation from the military service, but not after September 30, 1981. A veteran who is an applicant for a position at GS-3 or equivalent, and below under this paragraph is deemed qualified to perform the duties of the position on the basis of the veteran's civilian and military service;

(3) A person eligible for career or career-conditional appointment under §§ 315.601, 315.605, or § 315.606 of this chapter;

(4) A former term employee of the agency who left prior to the expiration of his or her appointment. Reappointment must be to a position covered by the same term authority under which the individual previously served, and service under such reappointment may not exceed the expiration date of the original term appointment;

(5) A disabled veteran who has been retired from active military service with a disability rating of 30 percent or more, or has been rated by the Vet

erans Administration within the preceding year as having a compensable service-connected disability of 30 percent or more.

[44 FR 44813, July, 31, 1979]

§ 316.303 Tenure of term employees.

(a) A term employee does not acquire a competitive status on the basis of his term appointment.

(b) The employment of a term employee ends automatically on the expiration of his term appointment unless he has been separated earlier in accordance with this chapter.

§ 316.304 Trial period.

(a) The first year of service of a term employee is a trial period.

(b) The agency may terminate a term employee at any time during the trial period. The employee is entitled to the procedures set forth in § 315.804 or § 315.805 of this chapter as appropriate.

§ 316.305 Eligibility for within-grade in

creases.

A term employee serving in a position subject to the General Schedule is eligible for within-grade increases in accordance with Subpart D of Part 531 of this chapter.

Subpart D-Temporary Limited
Employment

§ 316.401 Purpose and duration.

OPM may authorize an agency to make a temporary limited appointment to meet an administrative need for temporary employment, such as to fill a temporary position or a continuing position for a temporary period. An agency may make a temporary limited appointment only for a definite period of 1 year or less.

§ 316.402 Authorities for temporary appointments.

(a) General rule. An agency may make and extend a temporary limited appointment only with specific authorization from the Office, except under the conditions published by the Office in the Federal Personnel

Manual or as provided in paragraph (b) of this section.

a

(b) Noncompetitive temporary limited appointments. An agency may give temporary limited appointment without regard to the existence of an appropriate register to:

(1) A person with eligibility for reinstatement;

(2) A person eligible for career or career-conditional appointments under §§ 315.601, 315.605, 315.606, or § 315.607 of this chapter.

(3) A former temporary employee of the agency who was originally appointed from a register, subject to the conditions published in the Federal Personnel Manual;

(4) A veteran or disabled veteran as defined in section 2011(2)(A) of title 38, United States Code, who:

(i) Served on active duty in the Armed Forces of the United States between August 5, 1964 and May 7, 1975;

(ii) Completed no more than 14 years of education, unless compensably disabled or discharged because of service-connected disabilities, in which case the 14-year educational requirement does not apply; and

(iii) Is qualified to perform the duties of the position. An appointment under this paragraph may be made only to a position at GS-7 or below, or equivalent in another pay system, without time limitation after separation from the military service, but not after September 30, 1981. A veteran who is an applicant for a position at GS-3 or equivalent, and below under this paragraph is deemed qualified to perform the duties of the position on the basis of the veteran's civilian and military service; or

(5) A disabled veteran who has been retired from active military service with a disability rating of 30 percent or more, or has been rated by the Veterans' Administration within the preceding year as having a compensable service-connected disability of 30 percent or more.

(5 U.S.C. 3312; 22 U.S.C. 2506, 93 Stat. 371, E.O. 12137)

[44 FR 44814, July 31, 1979, as amended at 45 FR 43365, June 27, 1980]

Subpart E-[Reserved]

Subpart F-Appointment Without Competitive Examination in Rare Cases

§ 316.601 Appointment without competitive examination in rare cases.

(a) An agency may make an appointment without competitive examination when:

(1) The duties and compensation of the position are such, or qualified persons are so rare, that in the interest of good civil service administration the position cannot be filled through open competitive examination;

(2) The person to be appointed meets all applicable qualification requirements for the position; and

(3) The appointment is specifically authorized by the Office or is made under an agreement between the agency and the Office providing for such appointments.

(b) A person appointed under paragraph (a) of this section does not acquire a competitive status on the basis of that appointment.

(c) When a position filled under paragraph (a) of this section becomes vacant, the agency may fill the vacancy by another appointment under paragraph (a) of this section only if the conditions of paragraph (a)(3) of this section are again met.

(5 U.S.C. 1104; Pub. L. 95-454, sec. 3(5)) [44 FR 55132, Sept. 25, 1979]

Subpart G-Retention of Incumbents of Positions Brought Into the Competitive Service

§ 316.701 Public or private enterprise taken over by Government.

(a) When the Office, or an agency acting under an agreement with the Office, finds that the Federal Government has taken over a public or private enterprise, or an identifiable unit thereof, and that a position has thereby been brought into the competitive service, the agency may retain the incumbent of the position.

(b) (1) When an agency retains an employee under paragraph (a) of this

section in a position which it determines to be a continuing one, the agency shall decide on a timely basis whether it will convert that individual's employment to career or careerconditional under § 315.701 of this chapter.

(2) When an agency decides not to effect conversion under § 315.701 of this chapter, or the employee fails to qualify for conversion, the agency, in its discretion, may retain the employee as a status quo employee.

(c) When an agency retains an employee under paragraph (a) of this section in a position which it determines to be a noncontinuing one, the agency shall give the employee a temporary limited appointment under the conditions prescribed by the Office in the Federal Personnel Manual.

(5 U.S.C. 1104; Pub. L. 95-454, sec. 3(5)) [44 FR 55133, Sept. 25, 1979]

§ 316.702 Excepted positions brought into the competitive service.

(a) When the Office, or an agency acting under an agreement with the Office, finds that an excepted position has been brought into the competitive service by statute, Executive order, or the revocation of an exception under Civil Service Rule VI (§ 6.6 of this chapter), or is otherwise made subject

to competitive examination, the

agency may retain the incumbent of the position.

(b) (1) When an agency retains an employee under paragraph (a) of this section who was serving in a permanent excepted position under an appointment not limited to 1 year or less, the agency shall decide on a timely basis whether it will convert that employee's appointment to career or career-conditional under § 315.701 of this chapter.

(2) When the agency decides not to effect conversion under § 315.701 of this chapter, or the employee fails to to qualify for conversion, the agency, in its discretion, may retain the employee as a status quo employee.

(c) An employee retained under paragraph (a) of this section who was serving in an excepted position under an appointment limited to 1 year or less is permitted to serve temporarily under the conditions prescribed by the

(3) Overseas limited term and overseas limited of indefinite duration; and (4) Indefinite.

(b) An agency may separate an employee serving under one of the types of appointments named in paragraph (a) of this section in order to create a vacancy for a person who is eligible for placement assistance under Subpart C of Part 330 of this chapter.

(c) When an agency separates employees under this section, it shall follow the order of displacement published by OPM in the Federal Personnel Manual.

[35 FR 413, Jan. 13, 1970, as amended at 41 FR 46866, Oct. 26, 1976]