[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: 5CFR831.908]

[Page 131-132]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 831--RETIREMENT--Table of Contents
 
          Subpart I--Law Enforcement Officers and Firefighters
 
Sec. 831.908  Mandatory separation.

    (a) The mandatory separation provisions of 5 U.S.C. 8335(b) apply to 
all law enforcement officers and firefighters in primary and secondary 
positions. A mandatory separation under section 8335(b) is not an 
adverse action under part 752 of this chapter or a removal action under 
part 359 of this chapter. Section 831.503 provides the procedures for 
requesting an exemption from mandatory separation.
    (b) In the event an employee is separated mandatorily under 5 U.S.C. 
8335(b), or is separated for optional retirement under 5 U.S.C. 8336(c), 
and

[[Page 132]]

OPM finds that all or part of the minimum service required for 
entitlement to immediate annuity was in a position which did not meet 
the requirements of a primary or secondary position and the conditions 
set forth in this subpart, such separation will be considered erroneous.