---
kind: "section"
citation: "5 C.F.R. § 537.104"
title: "5"
number: "537.104"
heading: "Employee eligibility."
url: "https://uscodex.org/cfr/5/537.104"
---

# §537.104. Employee eligibility.

- (a) Subject to the conditions in [5 U.S.C. 5379](/usc/5/5379.md) and this part, an authorized agency official may approve student loan repayment benefits to recruit a highly qualified job candidate or retain a highly qualified employee who, during the service period established under a service agreement (consistent with [§ 537.107](/cfr/5/537.107.md)), will be serving under—
  - (1) An appointment other than a time-limited appointment; or
  - (2) **A time-limited appointment if—**
    - (i) The employee (or job candidate) will have at least 3 years remaining under the appointment after the beginning of the service period established under a service agreement; or
    - (ii) The time-limited appointment authority leads to conversion to another appointment of sufficient duration so that his or her employment with the agency is projected to last for at least 3 additional years after the beginning of the service period established under a service agreement.
- (b) An employee occupying a position that is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character is ineligible for student loan repayment benefits, except that an employee whose position is moved into Schedule Policy/Career may continue to receive student loan repayment benefits based on the terms of the existing applicable service agreement, unless eligibility is lost as described in [§ 537.108](/cfr/5/537.108.md).
- (c) An employee becomes ineligible for student loan repayment benefits under the conditions described in [§ 537.108](/cfr/5/537.108.md).

## Notes

### Amendments

[73 FR 64865, Oct. 31, 2008, as amended at 91 FR 5655, Feb. 6, 2026]

### Authority

Authority: 5 U.S.C. 2301, 2302, and 5379(g). E.O. 11478, 3 CFR, 1966-1970 Comp., p. 803, unless otherwise noted; E.O. 13087, 63 FR 30097, 3 CFR, 1998 Comp., p. 191; and E.O. 13152, 65 FR 26115, 3 CFR, 2000 Comp., p. 264.

### Source

Source: 73 FR 64865, Oct. 31, 2008, unless otherwise noted.

### Amendments

[73 FR 64865, Oct. 31, 2008, as amended at 91 FR 5655, Feb. 6, 2026]