Conditions for coverage in secondary positions.

CFR · 2024-01-01 · US · Title 5

(a) 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. 8336(c) if all of the following criteria are met: (1) The employee is transferred directly (i.e., without a break in service exceeding 3 days) from a primary position to a secondary position; and (2) The employee has completed 3 years of service in a primary position, including a position for which no CSRS deductions were withheld; and (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 8336(d)(1) of title 5, United States Code, is not considered in determining whether the service in secondary positions is continuous for this purpose. (b) For the purpose of applying the criteria at paragraphs (a)(1) through (3) of this section to evaluate transfers, service, and employment periods that occurred before September 1, 2007— (1) A primary position is deemed to include: (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)

official document · source cfr-2024 · id 5:§ 831.1604