{"data":{"id":"us/5-cfr-842.803","jurisdiction":"us","citation":"5 CFR 842.803","heading":"Conditions for coverage.","body":"(a) Rigorous positions. (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).\n(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).\n(3) A first-level supervisor position may be determined to be a rigorous position if it satisfies the conditions set forth in § 842.802.\n(b) Secondary positions. (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:\n(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;\n(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\n(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.\n(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).\n(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).\n(d) Except as specifically provided in this subpart, an agency head's authority under this section cannot be delegated.","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 842—FEDERAL EMPLOYEES RETIREMENT SYSTEM—BASIC ANNUITY","Subpart H—Law Enforcement Officers, Firefighters, and Air Traffic Controllers"],"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":"c7b05f54fa0448f5a783e2bd7829bb1da9c97bbd5babf4656d220b2352d967f4","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-842.802","next":"us/5-cfr-842.804"},"notice":"GroundRules: Original legal text. Not legal advice."}