---
kind: "section"
citation: "5 C.F.R. § 537.108"
title: "5"
number: "537.108"
heading: "Loss of eligibility for student loan repayment benefits."
url: "https://uscodex.org/cfr/5/537.108"
---

# §537.108. Loss of eligibility for student loan repayment benefits.

- (a) An employee receiving student loan repayment benefits from an agency is ineligible for continued benefits from that agency if the employee—
  - (1) Separates from the agency;
  - (2) Does not maintain an acceptable level of performance, as determined under standards and procedures prescribed by the agency; or
  - (3) Violates a condition in the service agreement, if the agreement specifically provides that eligibility is lost when the condition is violated.
- (b) For the purpose of applying [paragraph (a)(2)](#a-2) of this section, an acceptable level of performance is one that is equivalent to level 3 (“Fully Successful” or equivalent) or higher, as described in [5 CFR 430.208(e)](/cfr/5/430.208.md?p=e). An employee loses eligibility for student loan repayment benefits if his or her most recent official performance evaluation does not meet this requirement.

## Notes

### Amendments

[73 FR 64865, Oct. 31, 2008, as amended at 91 FR 41539, July 7, 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 41539, July 7, 2026]