5 CFR 359.702 : Administrative Personnel (§ 1.1 To Parts 10003-10049) — (§ 1.1 To Parts 631-699) — Office Of Personnel Management (§ 1.1 To Parts 631-699) — Civil Service Regulations (§ 110.101 To Parts 631-699) — Removal From The Senior Executive Service; Guaranteed Placement In Other Personnel Systems (Subpart A To § 359.902) — Guaranteed Placement (§ 359.701 To § 359.705) — Placement rights.

(a) An appointee covered by this subpart is entitled to be placed in a vacant civil service position (other than an SES position) in any agency that is -

(1) A continuing position at GS-15 or above, or equivalent, that will last at least three months; and

(2) A position for which the appointee meets the qualifications requirements.

(b) A probationary appointee, or a nonprobationary appointee who at the time of appointment to the SES held a career or career-conditional appointment (or an appointment of equivalent tenure, as defined in § 359.701(a)), is entitled to be placed in a position of tenure equivalent to that of the appointment held at the time of appointment to the SES. This tenure requirement does not apply -

(1) If the agency taking the removal action does not have a position of equivalent tenure for which the appointee meets the qualifications requirements; or

(2) If the appointee is willing to accept a position having a different tenure.