20 CFR § 1002.59 - Are there any circumstances in which special categories of persons are considered to perform “service in the uniformed services?”

---
identifier: "/us/cfr/t20/s1002.59"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 1002.59 - Are there any circumstances in which special categories of persons are considered to perform “service in the uniformed services?”"
title_number: 20
title_name: "Employees' Benefits"
section_number: "1002.59"
section_name: "Are there any circumstances in which special categories of persons are considered to perform “service in the uniformed services?”"
chapter_name: "OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR"
part_number: "1002"
part_name: "REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150)."
regulatory_source: "70 FR 75292, Dec. 19, 2005, unless otherwise noted."
cfr_part: "1002"
---


# 1002.59 Are there any circumstances in which special categories of persons are considered to perform “service in the uniformed services?”

Yes. In time of war or national emergency the President has authority to designate any category of persons as a “uniformed service” for purposes of USERRA. If the President exercises this authority, service as a member of that category of persons would be “service in the uniformed services” under USERRA.