Title 5 Part 210
Title 5 → Chapter I → Subchapter B → Part 210
Electronic Code of Federal Regulations e-CFR
Title 5 Part 210
PART 210—BASIC CONCEPTS AND DEFINITIONS (GENERAL)
Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-1958 Comp. p. 218.
Subpart A—Applicability of Regulations; Definitions
§210.101 Applicability of various parts of regulations.
(a) General. In most parts, the applicability of the part is stated specifically in the part or is otherwise apparent from the substance of the part.
(b) Parts 315 through 339. Parts 315 through 339 of this chapter apply to all positions in the competitive service and to all incumbents of those positions; and, except as specified by or in an individual part, these parts do not apply to positions in the excepted service or to incumbents of those positions.
[33 FR 12407, Sept. 4, 1968, as amended at 44 FR 45587, Aug. 3, 1979]
(a) The definitions in paragraph (b) of this section apply throughout this chapter, except when a defined term is specifically modified in or specifically defined for the purpose of a particular part.
(b) In this chapter:
(1) Appointing officer means a person having power by law, or by lawfully delegated authority, to make appointments to positions in the service of the Federal Government or the government of the District of Columbia.
(2) OPM means the Office of Personnel Management.
(3) Days, unless otherwise defined or limited, means calendar days and not workdays. In computing a period of time prescribed in this chapter, the day of the action or event after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, a Sunday, or a legal holiday in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday.
(4) Demotion means a change of an employee, while serving continuously within the same agency:
(i) To a lower grade when both the old and the new positions are under the General Schedule or under the same type graded wage schedule; or
(ii) To a position with a lower rate of pay when both the old and the new positions are under the same type ungraded wage schedule, or are in different pay method categories.
(5) Eligible means an applicant who meets the minimum requirements for entrance to an examination and is rated 70 or more in the examination by OPM.
(6) Employee means a civilian officer or employee.
(7) Metropolitan area of Washington, DC., means the District of Columbia; Alexandria, Fairfax, and Falls Church Cities, Va.; Arlington, Fairfax, Loudoun, and Prince William Counties, Va.; and Charles, Montgomery, and Prince Georges Counties, Md.
(8) Noncompetitive action means a promotion, demotion, reassignment, transfer, reinstatement, or an appointment based on prior service.
(9) Overseas means outside the continental United States, but does not include Alaska, Guam, Hawaii, the Isthmus of Panama, Puerto Rico, or the Virgin Islands.
(10) Position change means a promotion, demotion, or reassignment.
(11) Promotion means a change of an employee, while serving continuously within the same agency:
(i) To a higher grade when both the old and the new positions are under the General Schedule or under the same type graded wage schedule; or
(ii) To a position with a higher rate of pay when both the old and the new positions are under the same type ungraded wage schedule, or are in different pay method categories.
(12) Reassignment means a change of an employee, while serving continuously within the same agency, from one position to another without promotion or demotion.
(13) Reemployed annuitant means an employee whose annuity under subchapter III of chapter 83 of title 5, United States Code, was continued on reemployment in an appointive position on or after October 1, 1956.
(14) Register means a list of qualified applicants compiled in order of relative standing for certification.
(15) Reinstatement means the noncompetitive reemployment for service as a career or career-conditional employee of a person formerly employed in the competitive service who had a competitive status or was serving probation when he was separated from the service.
(16) Status quo employee means an employee who failed to acquire a competitive status when the position in which he was serving was placed in the competitive service by a statute, Executive order, or Civil Service rule, which permitted his retention without the acquisition of status.
(17) Tenure means the period of time an employee may reasonably expect to serve under his current appointment. It is granted and governed by the type of appointment under which an employee is currently serving without regard to whether he has a competitive status or whether his appointment is in a competitive position or in an excepted position.
(18) Transfer means a change of an employee, without a break in service of 1 full workday, from a position in one agency to a position in another agency.
[33 FR 12407, Sept. 4, 1968, as amended at 34 FR 19495, Dec. 10, 1969; 38 FR 22535, Aug. 22, 1973]