# 5 C.F.R. § 842.803 (2026): Conditions for coverage > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_803 ## Section - **Citation:** 5 C.F.R. § 842.803 (2026) - **Heading:** Conditions for coverage - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 5 CFR: Administrative Personnel / Chapter I: OFFICE OF PERSONNEL MANAGEMENT / Part 842: FEDERAL EMPLOYEES RETIREMENT SYSTEM—BASIC ANNUITY / Subpart H: Law Enforcement Officers, Firefighters, and Air Traffic Controllers / § 842.803: § 842.803 Conditions for coverage. ## Text (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). (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) 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: (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). ry 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) 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). (d) Except as specifically provided in this subpart, an agency head's authority under this section cannot be delegated. [52 FR 2069, Jan. 16, 1987, as amended at 57 FR 32690, July 23, 1992] ## Nearby sections - [5 C.F.R. § 842.801 (2026) § 842.801 Applicability and purpose.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_801.md) - [5 C.F.R. § 842.802 (2026) § 842.802 Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_802.md) - [5 C.F.R. § 842.803 (2026) § 842.803 Conditions for coverage.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_803.md) - [5 C.F.R. § 842.804 (2026) § 842.804 Evidence.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_804.md) - [5 C.F.R. § 842.805 (2026) § 842.805 Withholding and contributions.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_805.md) - [5 C.F.R. § 842.806 (2026) § 842.806 Mandatory separation.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_806.md) - [5 C.F.R. § 842.807 (2026) § 842.807 Review of decisions.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_807.md) - [5 C.F.R. § 842.808 (2026) § 842.808 Oversight of coverage determinations.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_808.md) - [5 C.F.R. § 842.809 (2026) § 842.809 Transitional provisions.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_809.md) - [5 C.F.R. § 842.810 (2026) § 842.810 Elections to be deemed a law enforcement officer for retirement purposes by certain police officers employed by the Metropolitan Washington Airports Authority (MWAA).](https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_810.md) - [5 C.F.R. § 842.811 (2026) § 842.811 Deposits for second-level supervisory air traffic controller service performed before February 10, 2004.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_811.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T5_P842_S842_803. 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