Senior Executive Service (SES) positions, appointments, and special tenure features are discussed in this section. Appointees in the SES who are subject to change during transitions are those with noncareer appointments.

The SES is a unique executive personnel system completely separate from the competitive and excepted services. The SES includes most of the top managerial, supervisory, and policy positions in the Executive branch that are not required to be filled by Presidential appointment with Senate confirmation.
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SES POSITIONS

Every 2 years, OPM allocates to each agency a specific number of SES "spaces" based on agency needs. Within that numerical allocation, each agency may establish SES positions and designate them as either "General" or "Career Reserved." General positions may be filled by career, noncareer, or limited appointees. Career Reserved positions must be filled by career SES appointees to ensure public confidence in the impartiality of the Government. OPM may make temporary SES allocations available to individual agencies to help with transitions.

SES NONCAREER APPOINTMENTS

Agencies may make noncareer SES appointments to any SES General position without regard to competitive requirements and may also set the pay level of the appointees. However, the White House Office of Presidential Personnel and OPM must approve each noncareer appointment before the agency makes that appointment. This applies to initial appointments, reassignments, and transfers to another department or agency. The law limits the total number of SES positions that can be filled by noncareer appointment to 10 percent of the governmentwide SES space allocation and 25 percent of an individual agency's allocation (unless the allocation is three or less). Additional limitations have been imposed, administratively or by other statutes, on an agency-by-agency basis.
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Agencies can terminate noncareer appointments at any time with a 1-day notice. Noncareer appointees removed from the Federal service have no right of appeal to the Merit Systems Protection Board (MSPB). A sample separation notice is provided at APPENDIX B. [See 5 U.S.C. 3592; 5 CFR 359, Subpart I.]

SES LIMITED APPOINTMENTS

There are two types of SES limited appointments: limited term and limited emergency. Limited term appointments may be made for up to 36 months to a position with project-type work that will expire at the end of a specified period, or to a position that special circumstances require be filled on a rotating basis. Limited emergency appointments may be made for up to 18 months to meet an urgent need. Limited appointments may be made only to SES General positions. An individual may not serve more than 36 months in a 48-month period on any combination of limited appointments. Limited appointees must meet the qualification requirements established by the agency.

Agencies have to obtain limited appointment authorities from OPM on a case-by-case basis. However, for temporary SES appointments of career or career-type employees, OPM has given each agency a "pool" of limited appointment authorities equal to 3 percent of its total SES space allocation to use for this purpose only. In addition, to help with transitions, OPM may authorize a limited term appointment authority for an individual who has been nominated by the President, but whose appointment is pending Senate confirmation. These limited appointments may not be made to the position for which the individual has been nominated. OPM may also authorize limited appointments in certain cases to provide continuity in key positions for short time periods.
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Agencies may terminate limited appointments at any time with a 1-day notice. Limited SES appointees who are removed have no right of appeal to MSPB on termination of the appointment. However, some limited appointees have placement rights to positions outside the SES. A career or career-type employee who is given a limited appointment in the same agency has placement rights to his/her former position or to one with like status, tenure, and grade or pay. [See 5 U.S.C. 3592; 5 CFR 359, Subpart I.]

SES CAREER APPOINTMENTS

Career appointments may be made to either SES General or Career Reserved positions. Career appointments have no time limitation and provide certain job protections and benefits not conferred by noncareer and limited appointments. Initial career appointments must meet competitive SES merit staffing provisions at the time of selection for the SES. Following selection by the agency, the individual's executive qualifications must be approved by an OPM-administered Qualifications Review Board (QRB) before the career appointment can be made.
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SUSPENSION OF QRB CASE PROCESSING

If an agency head leaves or announces the intention to leave, or if the President nominates a new agency head, OPM suspends QRB case processing for career SES appointments until a successor is appointed. This action is taken as a courtesy to the new agency head to afford him/her the greatest flexibility in making executive resources decisions. Nevertheless, if an agency has a case that it considers urgent, the agency may ask OPM to forward it to a QRB. OPM will consider such factors as whether the new agency head would have personal interest in the selection, the organizational level of the position, the degree to which the candidate would be involved in policy matters, and how long it may be before the new agency head is appointed. [See 5 CFR 317.502(d).]
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MORATORIUM ON SES CAREER REASSIGNMENTS

Agencies may reassign SES career appointees to any SES position in the agency for which they are qualified, following a 15-day notice (or a 60-day notice for geographic reassignments).

However, when there are changes in agency political leadership, the law provides for a 120-day moratorium on involuntary reassignments of career SES appointees. Career executives are always prepared to serve new leadership: balancing continuity and change is the fundamental responsibility of the senior executive. The moratorium was established to prevent peremptory reassignments by new appointees without adequate knowledge of the career executives. An SES career appointee may not be involuntarily reassigned within 120 days of the appointment of a new agency head (including recess appointment) or within 120 days after the appointment of a career appointee's new noncareer supervisor who has the authority to make that career appointee's initial performance appraisal. However, the career appointee may voluntarily waive the moratorium. [See 5 U.S.C. 3395; 5 CFR 317, Subpart I.]
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The appointment of a new agency head always starts a 120-day moratorium. Another official may not take a reassignment action, even if that official has been in office more than 120 days. If a moratorium results from appointment of a new noncareer supervisor, the agency head may not take an involuntary reassignment action, even if the agency head has been in office more than 120 days.

Designating an "acting" agency head or noncareer supervisor (e.g., by a detail or when a deputy acts in the position) is not an appointment. Therefore, the statutory moratorium is not technically applicable. However, the agency at its discretion may apply the moratorium in such situations. In this case, if the "acting" individual later receives a permanent appointment to the position without a break in service, time spent under the agency-imposed moratorium counts toward the 120-day moratorium initiated by the permanent appointment.

In calculating the 120-day moratorium, any days (not to exceed a total of 60) during which the career appointee is serving on a detail or other temporary assignment apart from the appointee's regular position are not counted. However, the moratorium provision does not restrict the total length of a detail, i.e., it may exceed 60 days.
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CAREER APPOINTEES WHO ACCEPT PRESIDENTIAL APPOINTMENTS

Although Presidential appointees are among the executives subject to change in a new Administration, note that certain former career members of the SES who accepted Presidential appointments are entitled to reinstatement in the SES after leaving the Presidential appointment. The reason for leaving the Presidential appointment cannot be misconduct, neglect of duty, or malfeasance. [See 5 U.S.C. 3593(b) and 5 CFR 317.703]

ORIENTATIONS FOR NEW SES MEMBERS

The Office of Personnel Management sponsors 2-day orientations for new members of the SES several times during the year. These briefings provide an overview of current Government policy priorities and initiatives, introductory information about the SES, advice about working with Congress, and opportunities for networking. OPM will publish notices of these briefings and registration information on the SES home page on OPM's website (www.opm.gov/SES/orientation.html).
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ADDITIONAL GUIDANCE

APPENDIX E contains additional technical guidance on the Senior Executive Service.
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