Reinstatement
An individual may be reinstated as a career appointee based on prior career
service in the SES. The appointee must have successfully completed an SES
probationary period, or have been converted to the career SES when the SES was
established in 1979. Executives separated for reasons of performance,
nonrecertification, disciplinary reasons, or a resignation in lieu of removal for
these reasons must have their qualifications approved by a Qualifications Review
Board. Individuals apply for reinstatement to the agency where they want to
work, not to OPM, and there is no time limit for being reinstated.
Reinstatement after Presidential Appointment
A former career SES appointee who was appointed by the President to a civil
service position outside the SES without a break in service, and who left the
Presidential appointment for reasons other than misconduct, neglect of duty, or
malfeasance, is entitled to be reinstated to the SES. The individual must apply
to OPM within 90 days after separation from the Presidential appointment, or
he/she may negotiate directly with an agency rather than requesting OPM
assistance.
Reassignments and Transfers
SES members may be reassigned within their agency to any SES position for which
they are qualified, but career appointees must have 15 days advance written
notice (60 days if the reassignment is between commuting areas).
SES career appointees may not be involuntarily reassigned within 120 days of
appointment of a new agency head or a new noncareer supervisor who has authority to
make an initial appraisal of the appointee's performance. The first 60 days of
any detail(s) during the period do not count against the 120 days.
Career appointees may transfer voluntarily to another agency but may not be
transferred involuntarily. SES members are entitled to accompany their positions
in a transfer of function between agencies.
Reemployed Annuitants
If a reemployed annuitant is reinstated, the employee serves at the discretion of
the appointing authority, and the employee's annual salary is reduced by an
amount equivalent to the annuitant's annual retirement benefit.
Details
An employee may be temporarily assigned (detailed) to a position within, into, or
out of the SES for a specified period, usually with the expectation that the
employee will return to his/her regular position at the end of that period. For
purposes of pay and benefits, the employee continues to be the incumbent of the
position from which he/she was detailed. Details of career SES members should
not be used to circumvent the advance notice requirement for reassignments or the
120-day moratorium on involuntary reassignments.
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