5 CFR § 212.401 - Effect of competitive status on position.
---
identifier: "/us/cfr/t5/s212.401"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 212.401 - Effect of competitive status on position."
title_number: 5
title_name: "Administrative Personnel"
section_number: "212.401"
section_name: "Effect of competitive status on position."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "212"
part_name: "COMPETITIVE SERVICE AND COMPETITIVE STATUS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 1302, 3301, 3302; E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218; E.O. 14171, 90 FR 8625."
regulatory_source: "33 FR 12408, Sept. 4, 1968, unless otherwise noted."
cfr_part: "212"
---
# 212.401 Effect of competitive status on position.
(a) An employee is in the competitive service when he has competitive status and is in a competitive position under a nontemporary appointment.
(b) Unless expressly stated otherwise in 5 CFR Chapter I, Subchapter A, an employee with competitive status at the time that his or her position is first listed in an excepted service schedule, or that the employee moved to a position in the excepted service, is no longer in the competitive service but retains competitive status.
[33 FR 12408, Sept. 4, 1968, as amended at 89 FR 25046, Apr. 9, 2024; 91 FR 5653, Feb. 6, 2026]