Removal from the SES under this subpart may not be made effective within 120 days after—
The appointment of a new agency head; or
The appointment in the agency of the career appointee's most immediate supervisor who—
Is a noncareer appointee; and
Has the authority to remove the career appointee.
For purposes of this section, a noncareer appointee includes an SES noncareer or limited appointee, an appointee in a position filled by Schedule C, or an appointee in an Executive Schedule or equivalent position other than a career Executive Schedule or equivalent position.
This restriction does not apply when the career appointee has received a final rating of unsatisfactory under the performance appraisal system established by the agency under subchapter II of chapter 43 of title 5, United States Code, before the appointment of a new agency head or the appointment of the career appointee's most immediate noncareer supervisor who has the authority to remove the career appointee.
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