5 U.S.C. § 9602 — Competitive service; time-limited appointments
submitted 11 years ago by Pub. L. 114-47 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 372 words · no verdicts yet
A qualifying employee with a time-limited competitive-service appointment may compete for certain permanent competitive-service jobs. The section also sets age waivers, the employee’s status after appointment, eligibility for certain former employees, and required regulations.
(a) Eligibility for permanent appointment. Even if chapter 33 or another law has rules about examining, certifying, and appointing people in the competitive service, an employee of a land management agency* who has a time-limited competitive-service appointment may compete for a permanent competitive-service appointment at that agency when it accepts applications from its workforce under merit-promotion procedures. The employee may also compete at any agency, including a land management agency, when that agency accepts applications from people outside its workforce under the applicable merit-promotion procedures, if—(1) the employee was first appointed to the time-limited job through an open, competitive examination under chapter 33, subchapter I; (2) the employee served in one or more time-limited appointments with a land management agency for periods totaling more than 24 months, without a break of 2 or more years; and (3) the employee’s performance was acceptable throughout those periods.
(b) Age requirements. When deciding whether a time-limited employee may be examined for or appointed to the competitive service, the Office of Personnel Management or another examining agency must waive age requirements unless an age requirement is essential to the job’s duties.
(c) Status after appointment. A person appointed under this section—(1) becomes a career-conditional employee unless the person has already completed the service requirements for career tenure; and (2) gains competitive status upon appointment.
(d) Former employees. A former land management agency employee who had a time-limited appointment* and otherwise meets this section is treated as a time-limited employee of the agency from which the person was most recently separated if—(1) the person applies for a covered position within 2 years after the most recent separation; and (2) the separation was for a reason other than misconduct or performance.
(e) Regulations. The Office of Personnel Management must issue the regulations needed to carry out this section.
Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency* serving under a time-limited appointment* in the competitive service is eligible to compete for a permanent appointment in the competitive service at such land management agency when such agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, or any agency, including a land management agency, when the agency is accepting applications from individuals outside its own workforce under the merit promotion procedures of the applicable agency if—
the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment;
the employee has served under 1 or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break of 2 or more years; and
the employee’s performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in paragraph (2).
In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position.
An individual appointed under this section—
becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and
acquires competitive status upon appointment.
A former employee of a land management agency who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee of the agency from which the former employee was most recently separated for purposes of this section if—
such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and
such employee’s most recent separation was for reasons other than misconduct or performance.
The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section.
Source credit: (Added Pub. L. 114–47, § 2(a), Aug. 7, 2015, 129 Stat. 485; amended Pub. L. 114–328, div. A, title XI, § 1135, Dec. 23, 2016, 130 Stat. 2459.)
- 2015Enacted · Pub. L. 114-47 · 129 Stat. 485
- 2016Amended · Pub. L. 114-328 · 130 Stat. 2459
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-47 on 2015-08-07.
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