5 C.F.R. § 362.107

Conversion to the competitive service

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(a) Subject to any limits on conversion imposed by the Director, and in accordance with the provisions of each Pathways Program, an agency may noncompetitively convert an eligible Pathways Participant to a term or permanent competitive service position.

(b) A Pathways Participant who is noncompetitively converted to a competitive service term appointment may be subsequently converted noncompetitively to a permanent competitive service position.

(c) Noncompetitive conversion. (1) An Intern may be converted to a position within the employing agency or any other agency within the Federal Government.

(2) A Recent Graduate may be converted to a position within the employing agency or any other agency within the Federal Government. Conversion to position at a different agency is subject to § 362.305(c).

(d) The provisions of the career transition assistance programs in subparts B, F and G of part 330 of this chapter do not apply to conversions made under this part.

(e) Time spent serving as a Pathways Participant counts towards career tenure when the individual is noncompetitively converted to a permanent position in the competitive service upon completion of the Program, with or without an intervening term appointment, and without a break in service of one day.

(f) Though Pathways Participants are eligible for noncompetitive conversion to the competitive service upon successful completion of their Program and any other applicable conversion requirements, service in a Pathways Program confers no right to further employment in either the competitive or excepted service. An agency wishing to convert a Pathways Participant must therefore execute the required actions to do so.

[77 FR 28215, May 11, 2012, as amended at 89 FR 25771, Apr. 12, 2024; 90 FR 38607, Aug. 11, 2025]

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2020–2024 · leading case: Brittany Sohbatzadehlanbar v. Dep't of the Navy (MSPB 2024).

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Brittany Sohbatzadehlanbar v. Dep't of the Navy (MSPB 2024). · cites it 5× “5 C.F.R. § 362.107 (f). Here, the administrative judge found that the appellant’s appointment under the Pathways Program was for a term of 2 years as set forth in his Standard Form 50 and the Department of the Navy’s Memorandum of Understanding regarding its Pathways program.”

Ward-Johnson v. Glin (D.D.C. 2020). “See 5 C.F.R. § 362.107 (f) (“[S]ervice in a Pathways Program confers no right to further employment in either the competitive or excepted service.”

Ward-Johnson v. Glin (D.D.C. 2022). “105 (g), though an agency may, at its discretion, convert an appointment into a permanent position at the end of the term, 5 C.F.R. § 362.107 ; see also Harrison v.”

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