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 Fairfax County
 Code of Ordinances
 Chapter 3. County Employees.
 Article 1. Personnel Administration.

  § 3-1-3. Existing employees to retain positions; acceptance of non-competitive appointment by a merit system employee.  

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  • (a)

    All persons in the County service holding positions included within the competitive service, as defined in this Article, on May 18, 1987 shall be continued in their respective positions, without further examination. All persons appointed competitively before May 18, 1987 to positions which become exempt as a result of this amendment or later amendments to this Article shall have the rights, privileges, benefits and protection of the merit system while serving in the positions they occupied on the date of such amendment, unless they subsequently elect to accept exempt appointments. Any such employees who may become subject to removal for disciplinary reasons shall be removed in accordance with the provisions of this Article and the Personnel Regulations adopted thereunder.

    (b)

    Except as otherwise provided in Personnel Regulations, any employee in the competitive service who accepts an appointment to an exempt position thereby forfeits the rights, privileges, benefits and protections accorded to competitive service employees and shall be entitled to only such rights, privileges, benefits and protections as are authorized for the exempt position which the employee has accepted; provided that:

    (1)

    Upon termination of the exempt appointment for any reason other than misconduct, the employee may be reinstated in his or her former merit system class, grade and salary, as provided in Personnel Regulations. Any appointment to a different class within the competitive service shall be on a competitive basis, except that an appointment to a lower ranked class within the same series shall be considered a reinstatement.

    (2)

    If the employee's merit system position and the exempt position are covered by different retirement systems, the provisions of later Articles of this Chapter which govern those retirement systems will apply upon acceptance of the exempt appointment and, if applicable, upon reinstatement or reappointment to any merit system position. (7-87-3; 26-98-3; 35-05-3.)