C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 335—PROMOTION AND INTERNAL PLACEMENT › Subpart A—General Provisions

5 C.F.R. § 335.101

Effect of position change on status and tenure

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(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]
Notes of Decisions
Cited in 3 cases, 1968–2006 · leading case: William Clyde Burton v. The United States, 404 F.2d 365 (Ct. Cl. 1968).
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William Clyde Burton v. The United States, 404 F.2d 365 (Ct. Cl. 1968). · cites it 2× “5 C.F.R. 335.101(a) and (b). We are convinced that the "tenure" on which plaintiff relies neither immunized him from the reassignment here involved nor was diminished by it.”
Crowley v. United States, 208 Ct. Cl. 415 (Ct. Cl. 1975). “Apparently, plaintiffs contend that, since in their permanent positions they were classified as I-A veterans’ preference eligibles, and since under 5 C.F.R. § 335.101 a position change authorized by § 335.”
Rodrick v. Off. of Pers. Mgmt., 162 F. App'x 987 (Fed. Cir. 2006). “Rodrick because 5 C.F.R. § 335.101 provides that “[a] position change authorized by § 335.”
— 5 C.F.R. § 335.101(a) — 1 case
William Clyde Burton v. The United States, 404 F.2d 365 (Ct. Cl. 1968). “5 C.F.R. 335.101(a) and (b). We are convinced that the "tenure" on which plaintiff relies neither immunized him from the reassignment here involved nor was diminished by it.”
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