[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR842.105]

[Page 266]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY--Table of Contents
 
                           Subpart A--Coverage
 
Sec. 842.105  Regulatory exclusions.

    (a) OPM is authorized in 5 U.S.C. 8402(c)(1) to ``exclude from the 
operation of this chapter an employee or group of employees in or under 
an Executive agency, the United States Postal Service, or the Postal 
Rate Commission, whose employment is temporary or intermittent, except 
an employee whose employment is part-time career employment (as defined 
in section 3401(2)).'' Therefore, under this authority, OPM is excluding 
the following:
    (1) Employees serving under appointments limited to 1 year or less, 
unless such appointments meet the definition of provisional appointments 
contained in Secs. 316.401 and 316.403 of this chapter; and
    (2) Intermittent employees serving under other than career or career 
conditional appointments.
    (b) When an employee who is covered by FERS moves to a position 
listed in paragraph (a) of this section without a break in service or 
after a separation of 3 days or less, his or her FERS coverage will 
continue, except in the case of an employee hired by the Census Bureau 
under a temporary, intermittent appointment to perform decennial census 
duties.
    (c) Paragraph (a) of this section does not deny FERS coverage to an 
employee who receives an interim appointment under Sec. 772.102 of this 
chapter and was covered by FERS at the time of the separation for which 
interim relief is required.

[51 FR 47197, Dec. 31, 1986, as amended at 56 FR 10143, Mar. 11, 1991; 
57 FR 3714, Jan. 31, 1992; 63 FR 9402, Feb. 25, 1998]