Regulations last checked for updates: Nov 23, 2024

Title 5 - Administrative Personnel last revised: Oct 24, 2024
§ 362.409 - Conversion to the competitive service.

(a) A Fellow must complete the Program within the time limits prescribed in § 362.404 of this part, including any agency-approved extension. At the conclusion of that period, the Fellow may be converted, as provided in paragraph (b) of this section.

(b) An agency may convert, without a break in service, an ERB-certified PMF to a competitive service term or permanent appointment in any position for which they are qualified.

(c) A PMF who is being converted to a permanent or term position at a different agency is subject to the following conditions:

(1) The employing (or losing) agency must be unable to convert the PMF to a term or permanent position in the competitive service in the current organizational unit of the employing agency or another component within the same Department or agency. These reasons for conversion at another agency may include unforeseen budgetary constraints; reorganizations; abolishment of positions; or other appropriate reasons. Such a conversion to another agency may not be due to issues related to failure to obtain certification from the agency's Executive Resources Board, misconduct, poor performance, or suitability;

(2) Conversion must occur on or before the end of the agency prescribed Program period, plus any agency-approved extension; and

(3) The position at the new agency must have a full performance level that is equivalent to or less than the position to which the PMF would have been converted at the losing agency.

[77 FR 28215, May 11, 2012, as amended at 89 FR 25775, Apr. 12, 2024]
authority: E.O. 13562, 75 FR 82585. 3 CFR, 2010 Comp., p. 291
source: 77 FR 28215, May 11, 2012, unless otherwise noted.
cite as: 5 CFR 362.409