Code of Federal Regulations Title 5. Administrative Personnel § 5.317.702 General reinstatement:  SES career appointees

(1) The individual completed an SES probationary period under a previous SES career appointment or was exempted from that requirement;  and

(2) The individual's separation from his or her last SES career appointment was not a removal under subpart C of part 359 of this chapter for failure to be recertified as a senior executive;  or a removal under subpart E of part 359 of this chapter for less than fully successful executive performance;  or under 5 U.S.C. 1207 by order of the Merit Systems Protection Board as a result of a disciplinary action initiated by the Special Counsel under 5 U.S.C. 1206;  or under 5 U.S.C. 7532 (National Security);  or under subpart F of part 752 of this chapter for misconduct, neglect of duty, or malfeasance;  or a resignation after receipt of a notice proposing or directing removal under any of the above conditions. Removal for failure to accept a directed reassignment to another commuting area, or to accompany a position in a transfer of function to another commuting area, does not preclude reinstatement to the SES unless the appointment to the original position included acceptance of a written nationwide mobility agreement or policy.