(a) This subpart applies to any situation where an agency moves:
(1) A position from the competitive service to the excepted service, or between excepted services, whether pursuant to statute, Executive Order, or an OPM issuance, to the extent that this subpart is not inconsistent with applicable statutory provisions; or
(2) An employee who has accrued status and civil service protections under 5 U.S.C. chapter 75, subchapter II, involuntarily to any position that is not covered by that chapter or subchapter.
(b) This subpart also applies in situations where a position previously governed by title 5, United States Code will be governed by another title of the United States Code going forward, unless the statute governing the exception provides otherwise.
authority: 5 U.S.C. 1302,
3301,
3302,
3317,
3318,
3319,
3320,
8151. E.O. 10577, 19 FR 7521,
3 CFR 1954-1958 Comp., p. 218. Sec. 302.105 also issued under
5 U.S.C. 1104; sec. 3(5), Pub. L. 95-454, 92 Stat. 1111. Sec. 302.501 also issued under
5 U.S.C. ch. 77. Sec. 302.107 also issued under
5 U.S.C. 9201-9206; sec. 1122(b)(1), Pub. L. 116-92, 133 Stat. 1607. Secs. 302.108 and 302.203 also issued under E.O. 13764, 82 FR 8115, 3 CFR, 2017 Comp., p. 243
source: 55 FR 9407, Mar. 14, 1990, unless otherwise noted.
cite as: 5 CFR 302.601