§ 359.501 General.

(a) Coverage. (1) This subpart covers— (i) A career appointee who has completed the probationary period in the SES; and (ii) A career appointee who is not required to serve a probationary period in the SES. (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. (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. (2) A less than fully successful final rating means a rating of unsatisfactory or minimally satisfactory. (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. (d) Mandatory removal from the SES. The agency must remove a career appointee from the SES after— (1) The appointee has been given two final ratings of unsatisfactory within 5 consecutive years; or (2) The appointee has been given two final ratings of less than fully successful within 3 consecutive years.