(a)An individual serving in a position in the competitive service under an indefinite appointment or a temporary appointment pending establishment of a register (other than an individual serving under an overseas limited appointment, or in a position classified above GS–15 pursuant to section
5108) acquires competitive status and is entitled to have his appointment converted to a career appointment, without condition, when—
(1)he completes, without break in service of more than 30 days, a total of at least 3 years of service in such a position;
(2)he passes a suitable noncompetitive examination;
(3)the appointing authority
(A) recommends to the Office of Personnel Management that the appointment of the individual be converted to a career appointment and
(B) certifies to the Office that the work performance of the individual for the past 12 months has been satisfactory; and
(4)he meets Office qualification requirements for the position and is otherwise eligible for career appointment.
(b)The employing agency shall terminate the appointment of an individual serving in a position in the competitive service under an indefinite or temporary appointment described in subsection (a) of this section, not later than 90 days after he has completed the 3-year period referred to in subsection (a)(1) of this section, if, prior to the close of such 90-day period, such individual has not met the requirements and conditions of subparagraphs (2) to (4), inclusive, of subsection (a) of this section.
(c)In computing years of service under subsection (a)(1) of this section for an individual who leaves a position in the competitive service to enter the armed forces and is reemployed in such a position within 120 days after separation under honorable conditions, the period from the date he leaves his position to the date he is reemployed is included.
(d)The Office of Personnel Management may prescribe regulations necessary for the administration of this section.
1990—Subsec. (a). Pub. L. 101–509, which directed the substitution of “in a position classified above GS–15 pursuant to section
5108)” for “in GS–16, 17, or 18)”, was executed by making the substitution for “in GS–16, GS–17, or GS–18)”, as the probable intent of Congress.
1978—Subsec. (a). Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.
Subsec. (d). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.
1970—Subsec. (a). Pub. L. 91–375struck out “, in the postal field service,” after “limited appointment” in introductory parenthetical text.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–509effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section
529 [title III, § 305] of Pub. L. 101–509, set out as a note under section
5301 of this title.
Amendment by Pub. L. 91–375effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) ofPub. L. 91–375, set out as an Effective Date note preceding section
101 of Title
39, Postal Service.
“(a) This section and section 3 of this Act [amending provisions set out as a note under section
3101 of this title] shall become effective on the date of enactment of this Act [Oct. 11, 1967].
“(b) Subject to subsection (c) of this section, the first section and section 2 of this Act [enacting this section and section 3303 of former Title 39, The Postal Service] shall become effective on the one hundred and twentieth day following the date of enactment of this Act [Oct. 11, 1967].
“(c) For the purpose of the application of section
3304a(b) of title
5, United States Code, as enacted by this Act, in the case of an individual who, prior to the effective date prescribed by subsection (b) of this section, shall have completed the 3-year period referred to in such section
3304a(b), such individual shall be deemed to have completed such 3-year period on such effective date.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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