Conditions for coverage.

CFR · 2024-01-01 · US · Title 5

(a) (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). (3) A first-level supervisor position may be determined to be a rigorous position if it satisfies the conditions set forth in § 842.802. (b) (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; (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 (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. (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). (c) (d) Except as specifically provided in this subpart, an agency head's authority under this section cannot be delegated.

official document · source cfr-2024 · id 5:§ 842.803