{"data":{"id":"us/5-cfr-842.806","jurisdiction":"us","citation":"5 CFR 842.806","heading":"Mandatory separation.","body":"(a) The mandatory separation provisions of 5 U.S.C. 8425 apply to all law enforcement officers and firefighters, including those in secondary positions, and air traffic controllers, with the exception of a civilian employee of the Department of Transportation or the Department of Defense who is the immediate supervisor of a person described under 5 U.S.C. 2109(1)(B) (i.e., a second-level supervisor). A mandatory separation under 5 U.S.C. 8425 is not an adverse action under part 752 of this chapter or a removal action under part 359 of this chapter.\n(b) Exemptions from mandatory separation are subject to the conditions set forth under 5 U.S.C. 8425. An exemption may be granted at the sole discretion of the head of the employing agency or by the President in accordance with 5 U.S.C. 8425(c).\n(c) In the event that an employee is separated mandatorily under 5 U.S.C. 8425, or is separated for optional retirement under 5 U.S.C. 8412 (d) or (e), and OPM finds that all or part of the minimum service required for entitlement to immediate annuity was in a position that did not meet the requirements of a primary or secondary position and the conditions set forth in this subpart or, if applicable, in part 831 of this chapter, such separation will be considered erroneous.","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":"778e2ee669e73b1a445d2bb0fc5d81fb4871b2fc2ad99ff113b270283d37f0d4","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-842.805","next":"us/5-cfr-842.807"},"notice":"GroundRules: Original legal text. Not legal advice."}