Features and Structure
Features
The SES includes most managerial, supervisory, and policy positions classified
above General Schedule (GS) grade 15 or equivalent positions in the Executive
Branch of the Federal Government.
These positions are excluded:
- positions requiring appointment by the President with Senate confirmation;
- legislative and judicial branch positions;
- positions in law enforcement and intelligence gathering agencies,
in the Foreign Service, and in other agencies excluded by statute or
by the President.
Administrative law judges, members of boards of contract appeal, and
positions in independent Government corporations (e.g., Tennessee Valley
Authority) and in certain financial regulatory agencies also are excluded.
Structure
There are two types of positions and four types of appointments in the
SES:
Career Reserved positions
are those which, as defined in law, are "to ensure impartiality, or
public's confidence of impartiality of government." These positions
can only be filled by career appointees.
General positions may be
filled by any type of SES appointee -- career, noncareer, or limited.
Career appointments: Incumbents
are selected by agency merit
staffing process and must have their executive qualifications
approved by a Qualifications
Review Board (QRB) convened by OPM. Appointments may be to
a General or Career Reserved position; rights of the individual are
the same in either case.
Noncareer appointments are
approved by OPM on a case-by-case basis and the appointment authority
reverts to OPM when the noncareer appointee leaves the position. Appointments
may be made only to General positions and cannot exceed 25% of the agency's
SES position allocation. Governmentwide, only 10% of SES positions may
be filled by noncareer appointees.
A Limited Term appointment
may be made for up to 3 years, is nonrenewable and must be to an SES
General position which will expire because of the nature of the work
(e.g., a special project).
A Limited Emergency appointment
is also a nonrenewable appointment, may be for up to 18 months, and
must be to an SES General position which has to be filled urgently.
The total number of limited appointments may not exceed 5% of SES positions
allocated Governmentwide. Each agency has a pool equal to 3 percent of
its allocation for making limited appointments of career or career-type
employees from outside the SES. OPM must approve use of this type of appointment
authority in other cases.
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