[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR432.102]

[Page 332-334]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 432_PERFORMANCE BASED REDUCTION IN GRADE AND REMOVAL ACTIONS--Table 
of Contents
 
Sec. 432.102  Coverage.

    (a) Actions covered. This part covers reduction in grade and removal 
of employees based on unacceptable performance.
    (b) Actions excluded. This part does not apply to:
    (1) The reduction in grade of a supervisor or manager who has not 
completed the probationary period under 5 U.S.C. 3321(a)(2) if such a 
reduction is based on supervisory or managerial performance and the 
reduction is to the grade held immediately before becoming a supervisor 
or manager in accordance with 5 U.S.C. 3321(b);
    (2) The reduction in grade or removal of an employee in the 
competitive service who is serving a probationary or trial period under 
an initial appointment;
    (3) The reduction in grade or removal of an employee in the 
competitive service serving in an appointment that requires no 
probationary or trial period who has not completed 1 year of current 
continuous employment in the same or similar position under other than a 
temporary appointment limited to 1 year or less;
    (4) The reduction in grade or removal of an employee in the excepted 
service who has not completed 1 year of current continuous employment in 
the same or similar positions;
    (5) An action imposed by the Merit Systems Protection Board under 
the authority of 5 U.S.C. 1206;
    (6) An action taken under 5 U.S.C. 7521 against an administrative 
law judge;
    (7) An action taken under 5 U.S.C. 7532 in the interest of national 
security;

[[Page 333]]

    (8) An action taken under a provision of statute, other than one 
codified in title 5 of the U.S. Code, which excepts the action from the 
provisions of title 5 of the U.S. Code;
    (9) A removal from the Senior Executive Service to a civil service 
position outside the Senior Executive Service under part 359 of this 
chapter;
    (10) A reduction-in-force governed by part 351 of this chapter;
    (11) A voluntary action by the employee;
    (12) A performance-based action taken under part 752 of this 
chapter;
    (13) An action that terminates a temporary or term promotion and 
returns the employee to the position from which temporarily promoted, or 
to a different position of equivalent grade and pay if the agency 
informed the employee that it was to be of limited duration;
    (14) A termination in accordance with terms specified as conditions 
of employment at the time the appointment was made; and
    (15) An involuntary retirement because of disability under part 831 
of this chapter.
    (c) Agencies covered. This part applies to:
    (1) The executive departments listed at 5 U.S.C. 101;
    (2) The military departments listed at 5 U.S.C. 102;
    (3) Independent establishments in the executive branch as described 
at 5 U.S.C. 104, except for a Government corporation; and
    (4) The Government Printing Office.
    (d) Agencies excluded. This part does not apply to:
    (1) A Government corporation;
    (2) The Central Intelligence Agency;
    (3) The Defense Intelligence Agency;
    (4) The National Security Agency;
    (5) Any executive agency or unit thereof which is designated by the 
President and the principal function of which is the conduct of foreign 
intelligence or counterintelligence activities;
    (6) The General Accounting Office;
    (7) The U.S. Postal Service; and
    (8) The Postal Rate Commission.
    (e) Employees covered. This part applies to individuals employed in 
or under a covered agency as specified at Sec. 432.102(c) except as 
listed in Sec. 432.102(f).
    (f) Employees excluded. This part does not apply to:
    (1) An employee in the competitive service who is serving a 
probationary or trial period under an initial appointment;
    (2) An employee in the competitive service serving in an appointment 
that requires no probationary or trial period, who has not completed 1 
year of current continuous employment in the same or similar positions 
under other than a temporary appointment limited to 1 year or less;
    (3) An employee in the excepted service who has not completed 1 year 
of current continuous employment in the same or similar positions;
    (4) An employee outside the United States who is paid in accordance 
with local native prevailing wage rates for the area in which employed;
    (5) An individual in the Foreign Service of the United States;
    (6) An employee who holds a position with the Veterans Health 
Administration which has been excluded from the competitive service by 
or under a provision of title 38, United States Code, unless such 
employee was appointed to such a position under section 7401(3) of title 
38;
    (7) An administrative law judge appointed under 5 U.S.C. 3105;
    (8) An individual in the Senior Executive Service;
    (9) An individual appointed by the President;
    (10) An employee occupying a position in Schedule C as authorized 
under part 213 of this chapter;
    (11) A reemployed annuitant;
    (12) A technician in the National Guard described in 5 U.S.C. 
8337(h)(1), employed under section 709(b) of title 32;
    (13) An individual occupying a position in the excepted service for 
which employment is not reasonably expected to exceed 120 calendar days 
in a consecutive 12 month period; and
    (14) A manager or supervisor returned to his or her previously held

[[Page 334]]

grade pursuant to 5 U.S.C. 3321 (a)(2) and (b).

[54 FR 26179, June 21, 1989, as amended at 57 FR 10125, Mar. 24, 1992; 
57 FR 20042, May 11, 1992; 58 FR 13192, Mar. 10, 1993; 58 FR 65533, Dec. 
15, 1993]