5 C.F.R. § 842.806

Current through May 31, 2024
Section 842.806 - Mandatory separation
(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.
(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) .
(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.

5 C.F.R. §842.806

52 FR 2069, Jan. 16, 1987, as amended at 70 FR 32710, June 6, 2005