---
kind: "section"
citation: "5 C.F.R. § 335.101"
title: "5"
number: "335.101"
heading: "Effect of position change on status and tenure."
url: "https://uscodex.org/cfr/5/335.101"
---

# §335.101. Effect of position change on status and tenure.

- (a) **Status.** A position change authorized by [§ 335.102](/cfr/5/335.102.md) does not change the competitive status of an employee.
- (b) **Tenure.** Except as provided in [paragraph (c)](#c) of this section and [§ 316.703](/cfr/5/316.703.md) of this chapter, a position change authorized by [§ 335.102](/cfr/5/335.102.md) does not change the tenure of an employee.
- (c) **Exceptions.**
  - (1) A career-conditional employee who is promoted, demoted, or reassigned to a position paid under chapter 45 of title 39, United States Code, or required by law to be filled on a permanent basis becomes a career employee.
  - (2) A career employee who is promoted, demoted, or reassigned from a position paid under chapter 45 of title 39, United States Code, or required by law to be filled on a permanent basis to a position under the career-conditional employment system becomes a career-conditional employee unless he has completed the service requirement for career tenure.

## Notes

### Amendments

[33 FR 12428, Sept. 4, 1968]

### Authority

Authority: 5 U.S.C. 2301, 2302, 3301, 3302, 3304(f), 3330, 9602; sec. 511, Pub. L. 106-117, 113 Stat. 1575; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218; E.O. 11478, 3 CFR, 1966-1970 Comp., p. 803, unless otherwise noted; E.O. 13087, 3 CFR, 1998 Comp., p. 191; E.O. 13152, 3 CFR, 2000 Comp., p. 264; and 5 CFR 2.2 and 7.1.

### Amendments

[33 FR 12428, Sept. 4, 1968]