§ 842.803 Conditions for coverage

5 CFR 842.803(a)(a) Rigorous positions.

5 CFR 842.803(a)(1)(1) An employee's service in a position that has been determined by the employing agency head to be a rigorous law enforcement officer or firefighter position is covered under the provisions of 5 U.S.C. 8412(d).

5 CFR 842.803(a)(2)(2) An employee who is not in a rigorous position, nor covered while in a secondary position, and who is detailed or temporarily promoted to a rigorous position is not covered under the provisions of 5 U.S.C. 8412(d).

5 CFR 842.803(a)(3)(3) A first-level supervisor position may be determined to be a rigorous position if it satisfies the conditions set forth in § 842.802.

5 CFR 842.803(b)(b) Secondary positions.

5 CFR 842.803(b)(1)(1) An employee's service in a position that has been determined by the employing agency head to be a secondary law enforcement officer or firefighter position is covered under the provisions of 5 U.S.C. 8412(d), if all of the following criteria are met:

5 CFR 842.803(b)(1)(i)(i) The employee, while covered under the provisions of 5 U.S.C 8412(d), moves directly (that is, without a break in service exceeding 3 days) from a rigorous position to a secondary position;

5 CFR 842.803(b)(1)(ii)(ii) The employee has completed 3 years of service in a rigorous position, including any such service during which no FERS deductions were withheld; and

5 CFR 842.803(b)(1)(iii)(iii) The employee has been continuously employed in a secondary position or positions since moving from a rigorous position without a break in service exceeding 3 days, except that a break in employment in secondary positions that begins with an involuntary separation (not for cause), within the meaning of 5 U.S.C. 8414(b)(1)(A), is not considered in determining whether the service in secondary positions is continuous for this purpose.

5 CFR 842.803(b)(2)(2) An employee who is not a rigorous 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).

5 CFR 842.803(c)(c) Air traffic controller. An employee's service in a position that has been determined to be an air traffic controller position by the employing agency head is covered under the provisions of 5 U.S.C. 8412(e).

5 CFR 842.803(d)(d) Except as specifically provided in this subpart, an agency head's authority under this section cannot be delegated.