---
kind: "section"
citation: "45 C.F.R. § 2556.340"
title: "45"
number: "2556.340"
heading: "What is non-competitive eligibility and who is eligible for it?"
url: "https://uscodex.org/cfr/45/2556.340"
---

# §2556.340. What is non-competitive eligibility and who is eligible for it?

- (a) Non-competitive eligibility is a status that means a person is eligible for appointment, by a Federal agency in the Executive branch, into a civil service position in the Federal competitive service, in accordance with [5 CFR 315.605](/cfr/5/315.605.md).
- (b) An individual who successfully completes at least a year-long term of service as a VISTA, and who has not been terminated for cause from the VISTA program at any time, has non-competitive eligibility status for one year following the end of the term of service as a VISTA.
- (c) In addition to the year of non-competitive eligibility status as provided in [paragraph (b)](#b) of this section, an individual's non-competitive eligibility status may extend for two more years, to a total of three years, if the individual is:
  - (1) In the military service;
  - (2) Studying at a recognized institution of higher learning; or
  - (3) In another activity which, in the view of the Federal agency referenced in [paragraph (a)](#a) of this section, warrants extension.

## Notes

### Authority

Authority: 42 U.S.C. 4951-4953; 5 CFR part 734, 42 U.S.C. 4953(a), (f), 4954(b), (e), 4955(b), 4956, 5043(a)-(c), 5044(a)-(c), (e), 5046, 5052, 5056, and 5057; 42 U.S.C. 12651b (g)(10); 42 U.S.C. 12651c(c); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 2156, 42 U.S.C. 4954(a), (b), (d), 4955, 5044(e), 5055, and 5059; 42 U.S.C. 12602(c), 42 U.S.C. 4953(b), (c), (f), and 5044(e).

### Source

Source: 88 FR 31180, May 16, 2023, unless otherwise noted.