5 CFR §359.501

1. (a)Coverage.
   1. (1)This subpart covers—
      1. (i)A career appointee who has completed the probationary period in the SES; and
      2. (ii)A career appointee who is not required to serve a probationary period in the SES.
   2. (2)This subpart does not cover, however, a career appointee who is serving as a reemployed annuitant. See subpart I of this part for removal of a reemployed annuitant.
2. (b)Definitions—(1) Final rating means the rating of record made by an appointing authority under the SES performance appraisal system in accordance with the requirements of 5 U.S.C. 4314(c)(3) and part 430, subpart C, of this chapter.
   1. (2)A less than fully successful final rating means a rating of unsatisfactory or minimally satisfactory.
3. (c)Optional removal from the SES. The agency may remove a career appointee from the SES after the appointee has been given one final rating of unsatisfactory.
4. (d)Mandatory removal from the SES. The agency must remove a career appointee from the SES after—
   1. (1)The appointee has been given two final ratings of unsatisfactory within 5 consecutive years; or
   2. (2)The appointee has been given two final ratings of less than fully successful within 3 consecutive years.