Section 842.803 - Conditions for coverage(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) .(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