---
kind: "section"
citation: "5 C.F.R. § 9701.402"
title: "5"
number: "9701.402"
heading: "Coverage."
url: "https://uscodex.org/cfr/5/9701.402"
---

# §9701.402. Coverage.

- (a) This subpart applies to eligible DHS employees in the categories listed in [paragraph (b)](#b) of this section, subject to a determination by the Secretary or designee under [§ 9701.102(b)](/cfr/5/9701.102.md?p=b), except as provided in [paragraph (c)](#c) of this section.
- (b) **The following employees are eligible for coverage under this subpart—**
  - (1) Employees who would otherwise be covered by 5 U.S.C. chapter 43; and
  - (2) Employees who were excluded from chapter 43 by OPM under [5 CFR 430.202(d)](/cfr/5/430.202.md?p=d) prior to the date of coverage of this subpart, as determined under [§ 9701.102(b)](/cfr/5/9701.102.md?p=b).
- (c) This subpart does not apply to employees who are not expected to be employed longer than a minimum period (as defined in [§ 9701.404](/cfr/5/9701.404.md)) during a single 12-month period.

## Notes

### Authority

Authority: 5 U.S.C. 9701.

### Source

Source: 70 FR 5318, Feb. 1, 2005, unless otherwise noted.