Page:United States Statutes at Large Volume 92 Part 1.djvu/1230

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1176 Written notification.

Ante, p. 1161.

5 USC 5311.

Publication in Federal Register.

PUBLIC LAW 9 5 - 4 5 4 ^ 0 C T. 13, 1978 under subparagraph (A) of this paragraph shall not result in the separation or reduction in grade of any other employee in such agency. (2) Any employee in a position which has been designated a Senior Executive Service position under this section shall be notified in writing of such designation, the election required under paragraph (1) of this subsection, and the provisions of subsections (d), (e), (f), (g), and (h) of this section. The employee shall be given 90 days from the date of such notification to make the election under paragraph (1) of this subsection. (d) Each employee who has elected to accept conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section and who is serving under— (1) a career or career-conditional appointment; or (2) a similar type of appointment in an excepted service position, as determined by the Office; in a position which is designated as a Senior Executive Service position shall be appointed as a career appointee to such Senior Executive Service position without regard to section 3393(b)-(e) of title 5, United States Code (as added by this title). (e) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section and who is serving under an excepted appointment in a position which is not designated a career reserved position in the Senior Executive Service, but is— (1) a position in Schedule C of subpart C of part 213 of title 5, Code of Federal Eegulations; (2) a position filled by noncareer executive assignment under subpart F of part 305 of title 5, Code of Federal Regulations; or (c'^ a position in the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, other than a career Executive Schedule position; shall be appointed as a noncareer appointee to a Senior Executive Service position. (f) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section, who is serving in a position described in paragraph (1), (2), or (3) of subsection (e) of this section, and whose position is designated as a career reserved position under subsection (b) of this section shall be appointed as a noncareer appointee to an appropriate general position in the Senior Executive Service or shall be separated. (g) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section, who is serving in a position described in paragraph (1), (2), or (3) of subsection (e) of this section, and whose position is designated as a Senior Executive Service position and Avho has reinstatement eligibility to a position in the competitive sendee, maj^, on request to the Office, be appointed as a career appointee to a Senior Executive Service position. The name of, and basis for reinstatement eligibility for, each employee appointed as a career appointee under this subsection shall be published in the Federal Register. (h) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section and who is serving under a limited executive assignment under subpart F of part 305 of title 5, Code of Federal Regulations, shall— (1) be appointed as a limited term appointee to a Senior Execu-