Senior Executive Service in 2026: The Protections That Changed and the Ones That Didn't

Approximately 9,000 career executives govern federal agencies through the Senior Executive Service, created by the Civil Service Reform Act of 1978. SES executives earn between $176,300 and $226,300 annually (as of 2026), set at the Executive Level II (EX-II) ceiling. Yet SES members have historically held weaker tenure protections than career civil servants at lower grades. This fundamental tension has intensified in 2025 and 2026 through Schedule F and related executive orders. What protections remain, and which have eroded, depends on position classification and ongoing litigation.

The Historical SES Framework: What Tenure Actually Meant

The Civil Service Reform Act created SES in 1978 with a deliberate design choice: SES executives would have weaker tenure protections than career GS-15 employees, but stronger than purely at-will positions. An SES member can be removed from the SES and reassigned to a non-SES position without cause. Yet the reassignment itself follows defined procedures under 5 U.S.C. § 3595 and related regulations. The reassignment must occur to a vacant SES or career position; the reassignment is not a termination; and the executive retains pay and position.

This created a safety valve: an agency could remove an executive from the SES, but the individual remained a federal employee. An SES director could become a GS-15 analyst. The move was a demotion, not a separation. Still, SES removal was exceptionally rare—it required OPM approval and executive leadership sign-off. Fewer than 100 SES members were removed annually (out of 9,000). The threat was always implicit: behave, or face reassignment.

Schedule F and the Erosion of SES Protections

In Trump's first term (2017–2020), the Office of Management and Budget proposed "Schedule F," a new civil service category for positions deemed "policy-setting" or "policy-influencing." Schedule F positions would be removed from career civil service protections entirely and reclassified as at-will political appointments. Approximately 10,000 positions were targeted, including many SES roles and some GS-15 positions. Schedule F never took effect—courts blocked the regulation, and the incoming Biden administration rescinded the order.

On January 30, 2025, Trump reinstated Schedule F via Executive Order 14210, "Transforming the Federal Government to Serve Americans Effectively and Efficiently." This executive order again designated positions as Schedule F, removing them from career civil service protections. Yet the legal mechanism differed: Schedule F was now framed as a new compensation and position category, not a reclassification of existing protected positions. This distinction is load-bearing in litigation.

Which SES Positions Are Most Vulnerable

Schedule F applies primarily to "policy-setting" or "policy-advising" positions. SES members in agencies with policy missions are most exposed: Office of Management and Budget (OMB), Office of Science and Technology Policy (OSTP), National Security Council (NSC) staff, and similar bodies. Agency officials, policy analysts, and program directors in these offices face higher likelihood of Schedule F reclassification.

Conversely, SES members in positions deemed "non-political"—scientific research directors, IT infrastructure chiefs, internal audit executives—face lower immediate risk. Yet the definition of "policy-influencing" is broad and contestable. An agency has considerable discretion in designating which SES positions qualify as Schedule F. Significantly, this designation creates leverage for personnel action.

Litigation and Legal Uncertainty

Schedule F's legality is contested in ongoing federal litigation. The National Treasury Employees Union (NTEU) filed suit challenging the executive order's authority. The case, NTEU v. Trump, argues that Schedule F exceeds executive power under the Civil Service Reform Act, 5 U.S.C. § 3131 et seq., and potentially violates the Administrative Procedure Act.

As of March 2026, the litigation remains unresolved. Federal judges have issued mixed preliminary decisions, with some courts expressing skepticism of the executive branch's Schedule F authority. Still, no final injunction has halted Schedule F implementation. Agencies continue reclassifying positions while litigation proceeds. This creates an asymmetric risk: an executive could be reclassified as Schedule F, removed from SES, and reassigned before a court resolves the legal question of whether the reclassification was valid. Subsequent litigation might restore the individual's SES status, but in the interim, the person faces reassignment.

SES Career Development Programs (CDPs)

The SES Candidate Development Program is the primary pipeline for entry to the SES. Executives complete a rigorous qualification program, including a residential program at the Federal Executive Institute, to become eligible for SES appointment. Approximately 500 to 800 new SES members are appointed annually through CDPs.

In early 2025, many CDPs were frozen or delayed. This was not mandated by executive order; rather, individual agencies imposed administrative freezes as part of broader hiring restrictions and workforce reductions. Many CDP participants who expected SES appointment in 2024 or 2025 found their programs suspended or cancelled. Some CDPs have restarted; others remain paused. If you are in a CDP, contact your program director for status and timeline.

SES Pay and Compensation

SES pay is tied to agency and position. The EX-II ceiling for 2026 is $226,300. Most SES members earn between $176,300 and $210,000, with variation by agency and position importance. SES compensation is non-negotiable; the SES pay band allows no individual negotiation.

Significantly, within-grade SES increases (performance-based bonuses) were frozen in many agencies during 2025. These bonuses can reach $15,000 to $30,000 annually, depending on performance ratings. Freezing them provides budget relief without formally reducing SES pay. If you expected a performance-based increase, check with your agency's executive resources office.

What an SES Member Should Document Now

If you hold an SES position, your immediate protective action is documentation. You should:

1. Create a detailed job description. Write a thorough description of your current duties, responsibilities, authorities, and decision-making role. Include examples of policy influence versus policy-setting. (This distinction matters in litigation over whether your position is Schedule F.)
2. Collect performance evaluations. Gather your last three years of performance appraisals and any commendations or awards. These establish your track record and executive competence.
3. Preserve communications about your role. Save emails from your supervisor describing your authorities and decision-making. If your role is advisory rather than directive, document that distinction.
4. Document career progression. Create a timeline of your federal career, positions held, agencies served, and tenure dates. This establishes your status as a career executive, not a political appointee.
5. Note your career versus political status. If you are a career SES member (appointed through career development), ensure your official file clearly reflects this. Career SES members have marginally stronger protections than limited-tenure SES members appointed on a political basis.

This documentation serves multiple purposes: it protects you in litigation, it provides evidence if you challenge a reassignment, and it establishes your qualifications if you must transition to a different role.

If You Receive a Reassignment Notice

If an agency informs you that your SES position is being reclassified as Schedule F or that you are being reassigned to a non-SES position, you have rights:

• You are entitled to written notice. The notice must specify the reassignment reason, the new position, the effective date, and your appeal rights under 5 U.S.C. § 3595(b).
• You may grieve the reassignment through the SES grievance process. The timeframe is typically 10 to 15 days from notice. The grievance must allege procedural error or that the reassignment was arbitrary and capricious.
• You are entitled to representation. You can be represented by an attorney or union representative throughout the grievance process.
• You may appeal to the Merit Systems Protection Board if the reassignment affects your competitive status. This depends on the position you are assigned to and whether it is in the competitive service.

Contact an employment attorney immediately if you receive a reassignment notice. Timelines for appeals are strict, and an attorney can advise whether the reassignment is challengeable.

The Practical Reality

As of March 2026, approximately 200 to 300 SES members have been reclassified as Schedule F or reassigned from their SES positions. Most reassignments have been in policy-adjacent agencies (OMB, OSTP, executive office staff). Agencies have proceeded carefully, likely aware that Schedule F's legality is contested. Yet the precedent has been set: agencies can and will remove SES members from protected status.

Unfortunately, the legal clock moves slowly. Litigation over Schedule F may not resolve for 18 to 36 months. Executives cannot wait for courts to decide—they must act now to protect their records and secure legal counsel.

Key Takeaway

SES tenure protections have historically been weaker than career civil service protections. Schedule F's reinstatement and the expanded power to reassign SES members have further eroded those protections. Yet litigation challenging Schedule F is ongoing, and the final legal outcome remains uncertain. Document your role, preserve your career record, and consult an employment attorney if you face reassignment. Litigation and policy change are not mutually exclusive; in the interim, evidence and legal advice are your strongest defenses.