
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3594]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
     CHAPTER 35--RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT
 
 SUBCHAPTER V--REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE 
                        SENIOR EXECUTIVE SERVICE
 
Sec. 3594. Guaranteed placement in other personnel systems

    (a) A career appointee who was appointed from a civil service 
position held under a career or career-conditional appointment (or an 
appointment of equivalent tenure, as determined by the Office of 
Personnel Management) and who, for reasons other than misconduct, 
neglect of duty, or malfeasance, is removed from the Senior Executive 
Service during the probationary period under section 3393(d) of this 
title, shall be entitled to be placed in a civil service position (other 
than a Senior Executive Service position) in any agency.
    (b) A career appointee who has completed the probationary period 
under section 3393(d) of this title, and who--
        (1) is removed from the Senior Executive Service for less than 
    fully successful executive performance as determined under 
    subchapter II of chapter 43 of this title;
        (2) is removed from the Senior Executive Service under paragraph 
    (4) or (5) of section 3595(b) of this title; or
        (3) is removed from the Senior Executive Service for failure to 
    be recertified under section 3393a;

shall be entitled to be placed in a civil service position (other than a 
Senior Executive Service position) in any agency.
    (c)(1) For purposes of subsections (a) and (b) of this section--
        (A) the position in which any career appointee is placed under 
    such subsections shall be a continuing position at GS-15 of the 
    General Schedule or classified above GS-15 pursuant to section 5108, 
    or an equivalent position, and, in the case of a career appointee 
    referred to in subsection (a) of this section, the career appointee 
    shall be entitled to an appointment of a tenure equivalent to the 
    tenure of the appointment held in the position from which the career 
    appointee was appointed;
        (B) any career appointee placed under subsection (a) or (b) of 
    this section shall be entitled to receive basic pay at the highest 
    of--
            (i) the rate of basic pay in effect for the position in 
        which placed;
            (ii) the rate of basic pay in effect at the time of the 
        placement for the position the career appointee held in the 
        civil service immediately before being appointed to the Senior 
        Executive Service; or
            (iii) the rate of basic pay in effect for the career 
        appointee immediately before being placed under subsection (a) 
        or (b) of this section; and

        (C) the placement of any career appointee under subsection (a) 
    or (b) of this section may not be made to a position which would 
    cause the separation or reduction in grade of any other employee.

    (2) An employee who is receiving basic pay under paragraph 
(1)(B)(ii) or (iii) of this subsection is entitled to have the basic pay 
rate of the employee increased by 50 percent of the amount of each 
increase in the maximum rate of basic pay for the grade of the position 
in which the employee is placed under subsection (a) or (b) of this 
section until the rate is equal to the rate in effect under paragraph 
(1)(B)(i) of this subsection for the position in which the employee is 
placed.

(Added Pub. L. 95-454, title IV, Sec. 404(b), Oct. 13, 1978, 92 Stat. 
1166; amended Pub. L. 98-615, title III, Sec. 303(b), Nov. 8, 1984, 98 
Stat. 3217; Pub. L. 101-194, title V, Sec. 506(b)(5), Nov 30, 1989, 103 
Stat. 1758; Pub. L. 101-509, title V, Sec. 529 [title I, 
Sec. 101(b)(9)(E)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 102-378, 
Sec. 2(16), Oct. 2, 1992, 106 Stat. 1347.)

                       References in Text

    GS-15 of the General Schedule, referred to in subsec. (c)(1)(A), is 
set out under section 5332 of this title.


                               Amendments

    1992--Subsec. (c)(1)(A). Pub. L. 102-378 substituted ``section 
5108,'' for ``section 5108,,''.
    1990--Subsec. (c)(1)(A). Pub. L. 101-509 substituted ``at GS-15 of 
the General Schedule or classified above GS-15 pursuant to section 
5108,'' for ``at GS-15 or above of the General Schedule''.
    1989--Subsec. (b)(3). Pub. L. 101-194 added par. (3).
    1984--Subsec. (b). Pub. L. 98-615 inserted provision relating to 
career appointees removed from the Senior Executive Service under 
section 3595(b)(4) or (5) of this title.


                    Effective Date of 1990 Amendment

    Amendment 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, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 
506(d) of Pub. L. 101-194, set out as a note under section 3151 of this 
title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-615 effective following expiration of 90-day 
period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98-615, set 
out as a note under section 3393 of this title.
