District Court not later than 6 months after the date of mailing of the notification.

§ 177.110 Action on approved claim.

(a) Payment of a claim approved under this part is contingent on claimant's execution of (1) a "Claim for Damage or Injury", Standard Form 95, (2) a claims settlement agreement, and (3) a "Voucher for Payment", Standard Form 1145, as appropriate. When a claimant is represented by an attorney, the voucher for payment shall designate both the claimant and his attorney as payees, and the check shall be delivered to the attorney, whose address shall appear on the voucher.

(b) Acceptance by the claimant, his agent, or legal representative, of an award, compromise, or settlement made under section 2672 or 2677 of title 28, United States Code, is final and conclusive on the claimant, his agent or legal representative, and any other person on whose behalf or for whose benefit the claim has been presented, and constitutes a complete release of any claim against the United States and against any employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter.

AUTHORITY: The provisions of this Part 210 issued under 5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218.

SOURCE: The provisions of this Part 210 appear at 28 F.R. 10029, Sept. 14, 1963, unless otherwise noted.

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

(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) "Commission" means the U.S. Civil Service Commission.

(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 Classification Act of 1949, as amended, or under the same type graded wage schedule; or

(ii) To a position with a lower rate of compensation 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 the Commission.

(6) "Metropolitan area of Washington, D.C.", means the District of Columbia; Alexandria, and Falls Church Cities, Va.; Arlington, and Fairfax Counties, Va.; and Montgomery and Prince Georges Counties, Md.

(7) "Noncompetitive action" means a promotion, demotion, reassignment, transfer, reinstatement, or an appointment based on prior service.

(8) "Overseas" means outside the continental United States, but does not

include Alaska, Guam, Hawaii, the Isthmus of Panama, Puerto Rico, or the Virgin Islands.

(9) "Position change" means a promotion, demotion, or reassignment.

(10) "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 Classification Act of 1949, as amended, or under the same type graded wage schedule; or

(ii) To a position with a higher rate of compensation when both the old and the new position are under the same type ungraded wage schedule, or are in different pay method categories.

(11) "Reassignment" means a change of an employee, while serving continuously within the same agency, from one position to another without promotion or demotion.

as

(12) "Reemployed annuitant" means an employee whose annuity under the Civil Service Retirement Act, amended, was continued on reemployment in an appointive position on or after October 1, 1956.

(13) "Register" means a list of qualified applicants compiled in order of relative standing for certification.

(14) "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. (15) "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 perImitted his retention without the acquisition of status.

(16) "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.

(17) "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. [32 F.R. 16474, Dec. 1, 1967]

(a) Competitive service has the meaning given that term by section 2102 of title 5, United States Code, and includes:

(1) All civilian positions in the executive branch of the Federal Government not specifically excepted from the civil service laws by or pursuant to statute, by the President, or by the Commission under section 6.1 or section 9.20 of the civil service rules (Subchapter A of this chapter), including postmaster positions whether or not filled by Presidential nomination and Senate confirmation; and

(2) All positions in the legislative and judicial branches of the Federal Government and in the government of the District of Columbia specifically made subject to the civil service laws by statute.

(b) Competitive position means a position in the competitive service.

[28 F.R. 10029, Sept. 14, 1963, as amended at 32 F.R. 13752, Oct. 3, 1967]

§ 212.102 Authority to make determinations.

The Commission determines finally whether a position is in the competitive service.

Subpart B-[Reserved]

Subpart C-Competitive Status § 212.301 Competitive status defined. In this chapter, competitive status means an individual's basic eligibility for noncompetitive assignment to a competitive position. Competitive status is acquired by completion of a probationary period under a career-conditional or career appointment or under a career executive assignment following open competitive examination, or by statute, Executive order, or the civil service rules, without open competitive examination. An individual with competitive status may be, without open competitive examination, reinstated, transferred, promoted, reassigned, or demoted, subject to conditions prescribed by the civil service rules and regulations.

ity.

U.S. Soldiers' Home.

General Services Administration.

Federal Communications Commission.

U.S. Tariff Commission.

National Labor Relations Board.

Export-Import Bank of Washing

ton.

Federal Mediation and Conciliation Service.

213.3148 National Aeronautics and Space

Administration.

213.3149 Panama Canal Company, New Orleans.

213.3152 St. Lawrence Seaway Development Corporation.

213.3153

District of Columbia Government. 213.3154 Federal Home Loan Bank Board.

213.3156

213.3157

213.3158

Definitions.

Identification

of

positions

in

213.3160

Schedule A, B, or C.

Subpart B-[Reserved]

Subpart C-Excepted Schedules

Commission on Civil Rights.

Federal Aviation Agency.

Franklin Delano Roosevelt Me

morial Commission.

The President's Committee on Urban Housing.

213.3161 James Madison Memorial Commis

sion.

(a) Excepted service has the meaning given that term by section 2103 of title 5, United States Code, and includes all positions in the executive branch of the Federal Government which are specifically excepted from the competitive service by or pursuant to statute, by the President, or by the Commission under section 6.1 or 9.20 of the civil service rules (Subchapter A of this chapter).

(b) "Excepted position" means a position in the excepted service.

§ 213.102 Identification of positions in Schedule A, B, or C.

The Commission shall decide whether the duties of any particular position are such that it may be filled as an excepted position under Schedule A, B, or C.

Subpart B-[Reserved]
Subpart C-Excepted Schedules
SCHEDULE A

§ 213.3101 Positions other than those of a confidential or policy-determining character for which it is not practicable to examine.

(a) The positions enumerated in §§ 213.3102 to 213.3199 are positions other than those of a confidential or policy-determining character for which it is not practicable to examine and which are excepted from the competitive service and constitute Schedule A.

(b) An agency (including a military department) may not appoint the son or daughter of a civilian employee of that agency, or the son or daughter of a member of its uniformed service, to a position listed in Schedule A for parttime, seasonal, intermittent, or other temporary employment within the United States, between May 14, 1967, and September 2, 1967; except that this prohibition shall not apply to the appointment of persons who are eligible for

86-005-68- -3

placement assistance under the Commission's Displaced Employee (DE) Program.

(c) An agency may appoint for parttime, seasonal, intermittent, or other temporary employment within the United States, between May 14, 1967, and September 2, 1967, in positions listed in Schedule A only in accordance with the terms of the Commission's 1967 summer employment program. This restriction does not apply to positions which are excepted only when filled by particular type of individuals.

§ 213.3102 Entire executive civil service. (a) Positions of Chaplain and Chaplain's Assistant.

(b) Cooks, except at fixed locations such as hospitals, quarantine stations, and penal institutions.

(c) Positions to which appointments are made by the President without confirmation by the Senate.

(d) Attorneys.

(e) Law clerk trainee positions. Appointments under this paragraph shall be confined to graduates of recognized law schools or persons having equivalent experience and shall be for periods not to exceed 14 months pending admission to the bar. No person shall be given more than one appointment under this paragraph. However, an appointment which was initially made for less than 14 months may be extended for not to exceed 14 months in total duration. (f) Chinese, Japanese, and Hindu interpreters.

(g) Any position the duties of which are part-time or intermittent in which the appointee will receive compensation during his service year that aggregates not more than 40 percent of the annual salary rate for the first step of GS-3. This limitation on compensation includes any premium pay such as for overtime, night, Sunday, or holiday work. It does not, however, include any mandatory within-grade salary increases to which the employee becomes entitled subsequent to appointment under this authority. Appointments under this authority shall not be for job employment. In the metropolitan area of Washington, D.C., appointments under this authority shall be subject to the prior approval of the Commission.

(h) Subject to prior approval by the Commission, positions in Federal mental institutions when filled by persons who have been patients of such institutions