Section 359.503 - Restrictions(a) Removal from the SES under this subpart may not be made effective within 120 days after-(1) The appointment of a new agency head; or(2) The appointment in the agency of the career appointee's most immediate supervisor who-(i) Is a noncareer appointee; and(ii) Has the authority to remove the career appointee.(b) 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.(c) 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.54 FR 18876, May 3, 1989, as amended at 57 FR 10125, Mar. 24, 1992