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5 CFR 351.502

§ 351.502 Order of retention—excepted service.

United States · 5 CFR — Administrative Personnel · Status: effective

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5 CFR 351.502, § 351.502 Order of retention—excepted service, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/6089
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(a) Competing employees shall be classified on a retention register in tenure groups on the basis of their tenure of employment, veteran preference, length of service, and performance in descending order as set forth under § 351.501(a) for competing employees in the competitive service. (b) Groups are defined as follows: (1) Group I includes each permanent employee whose appointment carries no restriction or condition such as conditional, indefinite, specific time limit, or trial period. (2) Group II includes each employee: (i) Serving a trial period; or (ii) Whose tenure is equivalent to a career-conditional appointment in the competitive service in agencies having such excepted appointments. (3) Group III includes each employee: (i) Whose tenure is indefinite (i.e., without specific time limit), but not actually or potentially permanent; (ii) Whose appointment has a specific time limitation of more than 1 year; or (iii) Who is currently employed under a temporary appointment limited to 1 year or less, but who has completed 1 year of current continuous service under a temporary appointment with no break in service of 1 workday or more.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.