5 C.F.R. § 831.903
Conditions for coverage in primary positions
(a) An employee's service in a position that has been determined by the employing agency head to be a primary law enforcement officer or firefighter position is covered under the provisions of 5 U.S.C. 8336(c).
(b) An employee who is not in a primary position, nor covered while in a secondary position, and who is detailed or temporarily promoted to a primary position is not covered under the provisions of 5 U.S.C. 8336(C)
Notes of Decisions
Cited in 10
cases, 1985–2005 · leading case: Buckley v. United States, 57 Fed. Cl. 328 (Fed. Cl. 2003).
Buckley v. United States, 57 Fed. Cl. 328 (Fed. Cl. 2003). “See 5 C.F.R. §§ 831.903 (a), 831.904(a) (2001).”
Crowley v. United States, 53 Fed. Cl. 737 (Fed. Cl. 2002). “See 5 C.F.R. §§ 831.903 (a), 831.904(a) (2001).”
Buckley v. United States, 51 Fed. Cl. 174 (Fed. Cl. 2001). “See 5 C.F.R. §§ 831.903 (a), 831.904(a) (2001).”
Crowley v. United States, 398 F.3d 1329 (Fed. Cir. 2005). “An employee can meet the definition of a LEO by either serving in an approved LEO position or by applying to the employing agency for LEO credit based on the circumstances of his or her service.”
Fred T. Morgan v. Off. of Pers. Mgmt., 773 F.2d 282 (Fed. Cir. 1985). “” Ah implementing regulation, 5 C.F.R. § 831.903 (c) (1980), required that to obtain credit for service in a supervisory law enforcement position, “service in the [supervisory] position transferred to [must] follow[ ] service in a law enforcement position without .”
William R. Little, Jr. v. Off. of Pers. Mgmt., 762 F.2d 962 (Fed. Cir. 1985). “Although he noted that “the letters from [Little’s] former supervisors state that [Little] performed duties which are creditable as law enforcement officer service,” he ruled that “as provided by 5 C.F.R. § 831.903 (a), the duties and responsibilities as set forth in the…”
Crowley v. United States, 57 Fed. Cl. 376 (Fed. Cl. 2003). “See 5 C.F.R. §§ 831.903 (a), 831.904(a), 831.”
Crowley v. United States, 56 Fed. Cl. 291 (Fed. Cl. 2003). “The regulations setting forth the standards for qualifying as an LEO are found at 5 C.F.R. §§ 831.903 — 831.911, and identify two methods for claiming LEO credit.”
Watson v. Dep't of the Navy, 262 F.3d 1292 (Fed. Cir. 2001). “See 5 C.F.R. §§ 831.903 -.906, 831.910(a), 842.”
Bingaman v. Dep't of the Treasury, 127 F.3d 1431 (Fed. Cir. 1997). “See 5 C.F.R. §§ 831.903 -.906, 831.910(a), 842.”
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