---
kind: "section"
citation: "5 C.F.R. § 212.401"
title: "5"
number: "212.401"
heading: "Effect of competitive status on position."
url: "https://uscodex.org/cfr/5/212.401"
---

# §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](/cfr/5/chI.md), 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.

## Notes

### Amendments

[33 FR 12408, Sept. 4, 1968, as amended at 89 FR 25046, Apr. 9, 2024; 91 FR 5653, Feb. 6, 2026]

### Authority

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.

### Source

Source: 33 FR 12408, Sept. 4, 1968, unless otherwise noted.

### Amendments

[33 FR 12408, Sept. 4, 1968, as amended at 89 FR 25046, Apr. 9, 2024; 91 FR 5653, Feb. 6, 2026]