; (B) an individual appointed under title II of the Department of Education Organization Act ( 20 U.S.C. 3411 et seq.); (C) an individual who has not completed a probationary or trial period; or (D) a political appointee. (2) The term suspend means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay for a period in excess of 14 days. (3) The term grade has the meaning given such term in section 7511(a) of title 5, United States Code. (4) The term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. (5) The term political appointee means an individual who is— (A) employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); (B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or (C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or successor regulation. 8. Reduction of benefits of employees convicted of certain crimes (a) Reduction of annuity for removed employee (1) The Secretary shall order that the covered service of an employee of the Department removed from a position for performance or misconduct under any provision of law shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, United States Code, if— (A) the Secretary determines that the individual is convicted of a felony (and the conviction is final) that influenced the individual’s performance while employed in the position; (B) before such order is made, the individual is afforded— (i) notice of the proposed order