§ 842.1003 Conditions for coverage

5 CFR 842.1003(a)(a) Primary positions.

5 CFR 842.1003(a)(1)(1) An employee's service in a position that has been determined by the employing agency head to be a primary customs and border protection officer position is covered under the provisions of 5 U.S.C. 8412(d).

5 CFR 842.1003(a)(2)(2) An employee who is not in a primary position, nor covered while in a secondary position, and who is detailed or temporarily promoted to a primary position is not covered under the provisions of 5 U.S.C. 8412(d) for any purpose under this subpart.

5 CFR 842.1003(a)(3)(3) A first-level supervisor position may be determined to be a primary position if it satisfies the conditions set forth in § 842.1002.

5 CFR 842.1003(b)(b) Secondary positions. An employee's service in a position that has been determined by the employing agency head to be a secondary position is covered under the provisions of 5 U.S.C. 8412(d) if all of the following criteria are met:

5 CFR 842.1003(b)(1)(1) The employee, while covered under the provisions of 5 U.S.C. 8412(d) as a customs and border protection officer, is transferred directly (i.e., without a break in service exceeding 3 days) from a primary position to a secondary position; and

5 CFR 842.1003(b)(2)(2) The employee has completed 3 years of service in a primary position, including service for which no FERS deductions were withheld; and

5 CFR 842.1003(b)(3)(3) If applicable, the employee has been continuously employed in secondary positions since transferring from a primary position without a break in service exceeding 3 days, except that a break in employment in secondary positions which begins with an involuntary separation (not for cause), within the meaning of 8414(b)(1)(A), is not considered in determining whether the service in secondary positions is continuous for this purpose.

5 CFR 842.1003(c)(c) For the purpose of applying the criteria at paragraph (b)(1) through (3) of this section to evaluate transfers, service, and employment periods that occurred before September 1, 2007—

5 CFR 842.1003(c)(1)(1) A primary position, covered under the provisions of 5 U.S.C. 8412(d), is deemed to include:

5 CFR 842.1003(c)(1)(i)(i) A position whose duties included the performance of work directly connected with activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry that was classified within the Immigration Inspector Series (GS-1816), Customs Inspector Series (GS-1890), Canine Enforcement Officer Series (GS-1801), or any other series which the agency head determines were predecessor series to the Customs and Border Protection Series (GS-1895), and that would have been classified under the GS-1895 series had it then existed; and

5 CFR 842.1003(c)(1)(ii)(ii) A position within the Customs and Border Protection Series (GS-1895) whose duties included the performance of work directly connected with activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry.

5 CFR 842.1003(c)(2)(2) A secondary position is deemed to include:

5 CFR 842.1003(c)(2)(i)(i) A first-level supervisor of an employee in a position described at paragraph (c)(1)(i) or (c)(1)(ii) of this section; or

5 CFR 842.1003(c)(2)(ii)(ii) A executive, managerial, technical, semiprofessional, or professional position for which experience in a position described at paragraph (c)(1)(i) or (c)(1)(ii) of this section is a mandatory prerequisite.

5 CFR 842.1003(d)(d) An employee who is not in a primary position, nor covered while in a secondary position, and who is detailed or temporarily promoted to a secondary position is not covered under the provisions of 5 U.S.C. 8412(d) for any purpose under this subpart.