C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 842—FEDERAL EMPLOYEES RETIREMENT SYSTEM—BASIC ANNUITY › Subpart J—Customs and Border Protection Officers

5 C.F.R. § 842.1002

Definitions

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As used in this subpart:

Agency head means the Secretary of the Department of Homeland Security. For purposes of an approval of coverage under this subpart, agency head is also deemed to include the designated representative of the Secretary of Department of Homeland Security, except that the designated representative must be a department headquarters-level official who reports directly to the Secretary of Homeland Security, or to the Deputy Secretary of Homeland Security, and who is the sole such representative for the entire department. For the purposes of a denial of coverage under this subpart, agency head is also deemed to include the designated representative of the Secretary of Department of Homeland Security at any level within the Department of Homeland Security.

Customs and border protection officer means an employee in the Department of Homeland Security occupying a position within the Customs and Border Protection Officer (GS-1895) job series (determined applying the criteria in effect as of September 1, 2007) or any successor position and whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry. Also included in this definition is an employee engaged in this activity who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties in 1 or more positions within the GS-1895 job series (determined applying the criteria in effect as of September 1, 2007), or any successor position, for at least 3 years.

Employee means an employee as defined by 5 U.S.C. 8401(11).

First-level supervisors are employees classified as supervisors who have direct and regular contact with the employees they supervise. First-level supervisors do not have subordinate supervisors. A first-level supervisor may occupy a primary position or a secondary position if the appropriate definition is met.

Primary position means a position classified within the Customs and Border Protection Officer (GS-1895) job series (determined applying the criteria in effect as of September 1, 2007) or any successor position whose duties include the performance of work directly connected with activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry.

Secondary position means a position within the Department of Homeland Security that is either—

(1) Supervisory; i.e., a position whose primary duties are as a first-level supervisor of customs and border protection officers in primary positions; or

(2) Administrative; i.e., an executive, managerial, technical, semiprofessional, or professional position for which experience in a primary customs and border protection officer position is a prerequisite.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2014–2025 · leading case: Fitzgerald v. Dep't of Homeland Sec., 837 F.3d 1346 (Fed. Cir. 2016).
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Fitzgerald v. Dep't of Homeland Sec., 837 F.3d 1346 (Fed. Cir. 2016). · cites it 6× “See 5 C.F.R. § 842.1002 . Like the statute, the regulations split CBPOs into two categories of positions (referred to in the regulations as “primary” and “secondary” positions) for which early retirement coverage under 5 U.”
Christopher Vincent Kroll v. Dep't of Homeland Sec., 2014 MSPB 69 (MSPB 2014). · cites it 3× “See 5 C.F.R. §§ 842.1002 , 842.1003. Section 1003 of Part 842 defines the terms “primary position” and “secondary position”: 4 Primary position means a position classified within the Customs and Border Protection Officer (GS-1895) job series (determined applying the criteria in…”
Stacey M Logan v. Dep't of Homeland Sec., 2025 MSPB 4 (MSPB 2025). · cites it 6× “5 C.F.R. §§ 842.1002 , 842.1003. Section 842.”
Christopher Vincent Kroll v. Dep't of Homeland Sec., 2014 MSPB 69 (MSPB 2014). · cites it 3× “See 5 C.F.R. §§ 842.1002 , 842.1003. Section 1003 of Part 842 defines the terms “primary position” and “secondary position”: 4 Primary position means a position classified within the Customs and Border Protection Officer (GS-1895) job series (determined applying the criteria in…”
Patricia Aveitia v. Dep't of Homeland Sec. (MSPB 2014). · cites it 4× “1985)); 5 C.F.R. § 842.1002 . 2 Eligibility rules for enhanced retirement coverage are strictly construed.”
Christopher Stuart v. Dep't of Homeland Sec. (MSPB 2023). · cites it 2× “ent Officer Series (GS-1801), or any other series which the agency head determines were predecessor series t o the Customs and Border Protection Series (GS-1895), and that would have been classified under the GS-1895 series had it then existed; and (ii) A position within the…”
Susan FitzGerald v. Dep't of Homeland Sec. (MSPB 2015). · cites it 3× “§ 8401 (36); see 5 C.F.R. § 842.1002 . 4 ¶5 Employees who transfer from primary covered positions to supervisory or administrative positions in the same occupations are also eligible for enhanced retirement coverage.”
Jose Mendiola, Jr v. Dep't of Homeland Sec. (MSPB 2014). · cites it 2× “5 C.F.R. § 842.1002 . A secondary position is a position within the Department of Homeland Security that is either supervisory, i.”
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