PART 212—COMPETITIVE SERVICE AND COMPETITIVE STATUS 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: 33 FR 12408, Sept. 4, 1968, unless otherwise noted. Subpart A—Competitive Service § 212.101 Definitions. In this chapter: (a) Competitive service (1) All civilian positions in the executive branch of the Federal Government not specifically excepted from the civil service laws by or pursuant to statute, by the President, or by the Office of Personnel Management, and not in the Senior Executive Service; and (2) All positions in the legislative and judicial branches of the Federal Government and in the government of the District of Columbia specifically made subject to the civil service laws by statute. (b) Competitive position (5 U.S.C. 2102) [33 FR 12408, Sept. 4, 1968, as amended at 45 FR 62413, Sept. 19, 1980] § 212.102 Authority to make determinations. OPM determines finally whether a position is in the competitive service. Subpart B [Reserved] Subpart C—Competitive Status § 212.301 Competitive status defined. In this chapter, competitive status means an individual's basic eligibility for noncompetitive assignment to a competitive position. Competitive status is acquired by completion of a probationary period under a career-conditional or career appointment, or under a career executive assignment in the former executive assignment system, following open competitive examination, or by statute, Executive order, or the Civil Service rules, without open competitive examination. An individual with competitive status may be, without open competitive examination, reinstated, transferred, promoted, reassigned, or demoted, subject to conditions prescribed by the Civil Service rules and regulations. [33 FR 12408, Sept. 4, 1968, as amended at 57 FR 10123, Mar. 24, 1992] Subpart D—Effect of Competitive Status on Position § 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, 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. [33 FR 12408, Sept. 4, 1968, as amended at 89 FR 25046, Apr. 9, 2024; 91 FR 5653, Feb. 6, 2026]