(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. (1) A continuing position at GS-15 or above, or equivalent, that will last at least three months; and
2. (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. (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. (2) If the appointee is willing to accept a position having a different tenure.