5 C.F.R. § 1.3

Definitions

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As used in the rules in this subchapter:

(a) Competitive service shall have the same meaning as the words “classified service”, or “classified (competitive) service”, or “classified civil service” as defined in existing statutes and executive orders.

(b) Competitive position shall mean a position in the competitive service.

(c) Competitive status shall mean basic eligibility to be noncompetitively selected to fill a vacancy in a competitive position. A competitive status shall be acquired by career-conditional or career appointment through open competitive examination upon satisfactory completion of a probationary period, or may be granted by statute, executive order, or the Civil Service Rules without competitive examination. A person with competitive status may be promoted, transferred, reassigned, reinstated, or demoted without taking an open competitive examination, subject to the conditions prescribed by the Civil Service Rules and Regulations.

(d) An employee shall be considered as being in the competitive service when he has a competitive status and occupies a competitive position unless he is serving under a temporary appointment: Provided, that an employee who is in the competitive service with competitive status at the time his position is first listed under Schedule A, B, C, Policy/Career or G shall be in the excepted service but shall retain his competitive status.

(e) Tenure shall mean the period of time an employee may reasonably expect to serve under his current appointment. Tenure shall be granted and governed by the type of appointment under which an employee is currently serving without regard to whether he has a competitive status or whether his appointment is to a competitive position or an excepted position.

[28 FR 10022, Sept. 14, 1963, as amended by E.O. 14410, 91 FR 34893, June 10, 2026]

Notes of Decisions

Cited in 2 cases, 1983–1983 · leading case: Gen. Acct. Off. v. Gen. Acct. Off. Pers. Appeals Bd., Morris L. Shaller, Intervenor, 698 F.2d 516 (D.C. Cir. 1983).

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Gen. Acct. Off. v. Gen. Acct. Off. Pers. Appeals Bd., Morris L. Shaller, Intervenor, 698 F.2d 516 (D.C. Cir. 1983). · cites it 2× “For example, there is the question whether Shaller was even eligible for non-competitive appointment, since, under 5 C.F.R. § 1.3 (c) (1982), it appears that an employee does not acquire “competitive status” until he has completed a probationary period.”

Gen. Acct. Off. v. Gen. Acct. Off. Pers. Appeals Bd., Morris L. Shaller, Intervenor, 707 F.2d 1559 (D.C. Cir. 1983). · cites it 4× “Did Shaller have ‘competitive status’ within the meaning of 5 C.F.R. § 1.3 (c)? If not, how could he have been transferred noncompetitively? What is the effect of the purported non-competitive transfer of an employee who is ineligible for non-competitive appointment?” The FPM…”

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