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5 U.S.C. § 3304a

Title 5 Chapter 33 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

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

  • (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.

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