§3304a — Title 5 Government Organization and Employees | U.S. Code

Summary

An employee in a certain temporary or indefinite competitive-service job can be made a career employee when four things happen: they complete at least 3 years of service with no break longer than 30 days; they pass a suitable noncompetitive exam; their agency recommends the conversion to the Office of Personnel Management (OPM) and certifies the last 12 months of work were satisfactory; and they meet OPM’s qualifications for the job. If those other conditions aren’t met within 90 days after the 3 years, the agency must end the appointment. Time spent in the armed forces counts toward the 3 years if the person returns to work within 120 days after honorable separation. OPM may issue rules to run this process.

Title 5, §3304a

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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. 91–375 struck out “, in the postal field service,” after “limited appointment” in introductory parenthetical text.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–509 effective 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.

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–375 effective 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) of Pub. L. 91–375, set out as an

Effective Date

note preceding section 101 of Title 39, Postal Service.

Effective Date

Pub. L. 90–105, § 4, Oct. 11, 1967, 81 Stat. 274, provided that: “(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

.”

§3304a Competitive service; career appointment after 3 years’ temporary service

Summary

Title 5, §3304a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

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Citations & Metadata