5 U.S.C. § 3304a — Competitive service; career appointment after 3 years’ temporary service
submitted 59 years ago by Pub. L. 90-105 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 315 words · no verdicts yet
A person in certain competitive-service positions becomes eligible for competitive status and an unconditional career appointment after at least three years of qualifying service and satisfaction of examination, recommendation, performance, qualification, and eligibility requirements. The employing agency must end the appointment if those requirements are not met within 90 days after the three-year period.
(a) A person serving in a competitive-service position under an indefinite appointment or a temporary appointment pending a register, except an overseas limited appointment or a position above GS-15 under section 5108, gains competitive status and is entitled to conversion to a career appointment without conditions when: (1) the person completes at least three years of service in the position with no break of more than 30 days; (2) passes a suitable noncompetitive examination; (3) the appointing authority recommends conversion to the Office of Personnel Management and certifies satisfactory performance during the past 12 months; and (4) meets the Office's qualification requirements and is otherwise eligible.
(b) The employing agency must terminate such an appointment no later than 90 days after the three years end if the person has not met (a)(2) through (4) before that 90-day period ends.
(c) If a person leaves the competitive-service position for the armed forces and is reemployed in such a position within 120 days after honorable separation, the time from leaving until reemployment counts toward the service years.
(d) The Office may issue regulations needed to administer this section.
An individual serving in a position in the competitive service under an indefinite appointment or a temporary appointment pending establishment of a register (other than an individual serving under an overseas limited appointment, or in a position classified above GS–15 pursuant to section 5108) acquires competitive status and is entitled to have his appointment converted to a career appointment, without condition, when—
he completes, without break in service of more than 30 days, a total of at least 3 years of service in such a position;
he passes a suitable noncompetitive examination;
the appointing authority (A) recommends to the Office of Personnel Management that the appointment of the individual be converted to a career appointment and (B) certifies to the Office that the work performance of the individual for the past 12 months has been satisfactory; and
he meets Office qualification requirements for the position and is otherwise eligible for career appointment.
The employing agency shall terminate the appointment of an individual serving in a position in the competitive service under an indefinite or temporary appointment described in subsection (a) of this section, not later than 90 days after he has completed the 3-year period referred to in subsection (a)(1) of this section, if, prior to the close of such 90-day period, such individual has not met the requirements and conditions of subparagraphs (2) to (4), inclusive, of subsection (a) of this section.
In computing years of service under subsection (a)(1) of this section for an individual who leaves a position in the competitive service to enter the armed forces and is reemployed in such a position within 120 days after separation under honorable conditions, the period from the date he leaves his position to the date he is reemployed is included.
The Office of Personnel Management may prescribe regulations necessary for the administration of this section.
Source credit: (Added Pub. L. 90–105, § 1(a), Oct. 11, 1967, 81 Stat. 273; amended Pub. L. 91–375, § 6(c)(6), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(B)], Nov. 5, 1990, 104 Stat. 1427, 1441.)
- 1967Enacted · Pub. L. 90-105 · 81 Stat. 273
- 1970Amended · Pub. L. 91-375 · 84 Stat. 776
- 1978Amended · Pub. L. 95-454 · 92 Stat. 1224
- 1990Amended · Pub. L. 101-509 · 104 Stat. 1427, 1441
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-105 on 1967-10-11.
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