---
kind: "section"
citation: "20 C.F.R. § 10.735"
title: "20"
number: "10.735"
heading: "When is a non-Federal law enforcement officer (LEO) covered under the FECA?"
url: "https://uscodex.org/cfr/20/10.735"
---

# §10.735. When is a non-Federal law enforcement officer (LEO) covered under the FECA?

- (a) A law enforcement officer (officer) includes an employee of a State or local Government, the Governments of U.S. possessions and territories, or an employee of the United States pensioned or pensionable under [sections 521-535](/usc/4/521-535.md) of Title 4, D.C. Code, whose functions include the activities listed in [5 U.S.C. 8191](/usc/5/8191.md).
- (b) Benefits are available to officers who are not “employees” under [5 U.S.C. 8101](/usc/5/8101.md), and who are determined in the discretion of OWCP to have been engaged in the activities listed in [5 U.S.C. 8191](/usc/5/8191.md) with respect to the enforcement of crimes against the United States. Individuals who only perform administrative functions in support of officers are not considered officers.
- (c) Except as provided by 5 U.S.C. [8191](/usc/5/8191.md) and [8192](/usc/5/8192.md) and elsewhere in this part, the provisions of the FECA and of subparts [A](/cfr/20/subpartA.md), [B](/cfr/20/subpartB.md), and D through I of this part apply to officers.

## Notes

### Authority

Authority: 5 U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263.

### Source

Source: 76 FR 37903, June 28, 2011, unless otherwise noted.