5 CFR §359.503

1. (a)Removal from the SES under this subpart may not be made effective within 120 days after—
   1. (1)The appointment of a new agency head; or
   2. (2)The appointment in the agency of the career appointee's most immediate supervisor who—
      1. (i)Is a noncareer appointee; and
      2. (ii)Has the authority to remove the career appointee.
2. (b)For purposes of this section, a noncareer appointee includes an SES noncareer or limited appointee, an appointee in a position filled by Schedule C, or an appointee in an Executive Schedule or equivalent position other than a career Executive Schedule or equivalent position.
3. (c)This restriction does not apply when the career appointee has received a final rating of unsatisfactory under the performance appraisal system established by the agency under subchapter II of chapter 43 of title 5, United States Code, before the appointment of a new agency head or the appointment of the career appointee's most immediate noncareer supervisor who has the authority to remove the career appointee.