Federal · Title 5 — Government Organization and Employees

5 U.S.C. § 9813: Limited appointments to Senior Executive Service positions

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a career appointee; or who, immediately before entering the career reserved position, was serving under a career or career-conditional appointment outside the Senior Executive Service; or whose limited emergency or limited term appointment is approved in advance by the Office of Personnel Management; the term “limited emergency appointee” has the meaning given under section 3132; and the term “limited term appointee” means an individual appointed to a Senior Executive Service position in the Administration to meet a bona fide temporary need, as determined by the Administrator. The number of career reserved positions which are filled by an appointee as described under subsection (a)(1)(B) may not exceed 10 percent of the total number of Senior Executive Service positions allocated to the Administration. 4 years or less to a position the duties of which will expire at the end of such term; or 1 year or less to a position the duties of which are continuing; and paragraph (1)(A) for a period not to exceed 2 years; and paragraph (1)(B) for a period not to exceed 1 year. A limited term appointee who has been appointed in the Administration from a career or career-conditional appointment outside the Senior Executive Service shall have reemployment rights in the agency from which appointed, or in another agency, under requirements and conditions established by the Office of Personnel Management. The Office shall have the authority to direct such placement in any agency. a limited term appointee serving under a term prescribed under this section may be reassigned to another Senior Executive Service position in the Administration, the duties of which will expire at the end of a term of 4 years or less; and a limited term appointee serving under a term prescribed under this section may be reassigned to another continuing Senior Executive Service position in the Administration, except that the appointee may not serve in 1 or more positions in the Administration under such appointment in excess of 1 year, except that in rare circumstances, the Administrator may approve an extension up to an additional 1 year. A limited term appointee may not serve more than 7 consecutive years under any combination of limited appointments. Notwithstanding section 5384, the Administrator may authorize performance awards to limited term appointees in the Administration in the same amounts and in the same manner as career appointees.

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