{"data":{"id":"us/5-cfr-831.804","jurisdiction":"us","citation":"5 CFR 831.804","heading":"Conditions for coverage in secondary positions.","body":"(a) An employee's service in a position that has been determined by the Secretary of the Department of Energy to be a secondary nuclear materials courier position following 3 years of service in a primary nuclear materials courier position is covered under the provisions of 5 U.S.C. 8336(c) if all of the following criteria are met:\n(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\n(2) 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 5 U.S.C. 8336(d)(1), is not considered in determining whether the service in secondary positions is continuous for this purpose.\n(b) 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. 8336(c).","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 831—RETIREMENT","Subpart H—Nuclear Materials Couriers"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-5.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:23:53Z","sha256":"dde1f6caa7458fefb3b4c5a86c281031212e2165302b81b5e327bdab64f9e782","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-831.803","next":"us/5-cfr-831.805"},"notice":"GroundRules: Original legal text. Not legal advice."}