5 CFR § 359.501 - General.
---
identifier: "/us/cfr/t5/s359.501"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 359.501 - General."
title_number: 5
title_name: "Administrative Personnel"
section_number: "359.501"
section_name: "General."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "359"
part_name: "REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 1302, 3302, and 3596, unless otherwise noted."
regulatory_source: "54 FR 18876, May 3, 1989, unless otherwise noted."
cfr_part: "359"
---
# 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.