Regulations last checked for updates: May 03, 2024

Title 5 - Administrative Personnel last revised: Apr 30, 2024
§ 335.101 - Effect of position change on status and tenure.

(a) Status. A position change authorized by § 335.102 does not change the competitive status of an employee.

(b) Tenure. Except as provided in paragraph (c) of this section and § 316.703 of this chapter, a position change authorized by § 335.102 does not change the tenure of an employee.

(c) Exceptions. (1) A career-conditional employee who is promoted, demoted, or reassigned to a position paid under chapter 45 of title 39, United States Code, or required by law to be filled on a permanent basis becomes a career employee.

(2) A career employee who is promoted, demoted, or reassigned from a position paid under chapter 45 of title 39, United States Code, or required by law to be filled on a permanent basis to a position under the career-conditional employment system becomes a career-conditional employee unless he has completed the service requirement for career tenure.

[33 FR 12428, Sept. 4, 1968]
authority: 5 U.S.C. 3301,3302,3330; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; 5 U.S.C. 3304(f); Pub. L. 106-117; Pub. L. 114-47, sec. 2(a) (Aug. 7, 2015), as amended by Pub. L. 114-328, sec. 1135 (Dec. 23, 2016), codified at 5 U.S.C. 9602.
cite as: 5 CFR 335.101